reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 10 - Rules and Regulations governing campaign practices under the Nebraska Political Accountability and Disclosure Act › Section 4-10-011 - Ballot Question Committees; Posting of Bonds to Guaranty Payment of Late Filing Fees, Civil Penalties and Interest. Section 49-1461.01

Current through June 17, 2024
01. A ballot question committee shall file
				with the Commission a surety bond running in favor of the State of Nebraska
				with surety by a corporate bonding company authorized to do business in this
				state and conditioned upon the payment of all fees, penalties, and interest
				which may be imposed under the Nebraska Political Accountability and Disclosure
				Act.
02. A bond in the amount of
				five thousand dollars shall be filed with the Commission within thirty days
				after the committee receives contributions or makes expenditures of more than
				one hundred thousand dollars in a calendar year. The amount of the bond shall
				be increased by five thousand dollars for each additional five hundred thousand
				dollars received or expended in a calendar year.
03. Proof of any required increase in the
				amount of the bond shall be filed with the Commission within thirty days after
				each additional five hundred thousand dollars is received or
				expended.
04. Upon any failure to
				pay late filing fees, civil penalties, or interest due under the Nebraska
				Political Accountability and Disclosure Act, the Commission shall first attempt
				to recover from the proceeds of the bond prior to proceeding to recovering from
				the treasurer of the committee.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 10 - Rules and Regulations governing campaign practices under the Nebraska Political Accountability and Disclosure Act › Section 4-10-012 - Ballot Question Committees; Release of Bond

Current through June 17, 2024
01. A
				ballot question committee which has posted a bond to guarantee the payment of
				any late filing fee or civil penalty may apply to the Commission for leave to
				terminate the bond.
02. The
				Commission shall grant leave to terminate the bond upon a finding that the
				ballot question committee:
a) has no
				outstanding late filing fees or civil penalties;
b) has filed all campaign statements related
				to the ballot question election or the ballot question qualification process;
				and
c) is not currently supporting
				or opposing the qualification, passage or defeat of a ballot
				question.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 1 - PARKING › Section 7-1-002 - PARKING REGULATIONS

Current through June 17, 2024
002.01 Except as
				specifically authorized, parking is forbidden on approaches, including, but not
				limited to the docks and dock access areas, to the State Capitol and the
				Nebraska State Office Building (NSOB).
002.02 Parking is not allowed on the lawn and
				sidewalk areas of the State Capitol Building, NSOB, and the parking
				garages.
002.03 Backing into stalls
				is forbidden.
002.04 Bicycles need
				to be parked in spaces provided.
002.05 No mechanical work on any vehicle
				shall be performed in any facility except in case of emergency.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 1 - PARKING › Section 7-1-004 - IMPOUNDMENT

Current through June 17, 2024
Impoundment by immobilization or by towing, may be requested
				  by the State Building Administrator, or their designee, of any vehicle in
				  violation of law or policy, or deemed a nuisance. A vehicle, including a
				  bicycle, is subject to impoundment without notice under the following
				  conditions:
(A) The vehicle is
				improperly or unlawfully parked; or
(B) The vehicle interferes with or impedes:
(i) The flow of vehicular or pedestrian
				traffic;
(ii) The use of parking
				facilities, building, or loading docks;
(iii) The operation of emergency equipment;
				or
(iv) The provision of services,
				public safety, or essential repairs.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 1 - PARKING › Section 7-1-005 - COMPLAINTS

Current through June 17, 2024
All complaints or questions regarding the parking facilities
				  or illegally or improperly parked vehicles should be referred to the State
				  Building Division (SBD). Valid complaints must include the identity of the
				  complainant, the make, color, and license numbers of the vehicle(s) involved,
				  the vehicle location, and other information the SBD may
				  specify.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 2 - LEASING PRIVATELY OWNED REAL PROPERTY › Section 7-2-001 - AUTHORITY

Current through June 17, 2024
Neb. Rev. Stat. §§
									81-161 through
				  81-161.01,
				  81-1108.15,
				  81-1108.16,
				  81-1108.17,
				  81-1108.22,
				  81-1108.55,
				  81-1108.56 and
				  81-1108.57.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 2 - LEASING PRIVATELY OWNED REAL PROPERTY › Section 7-2-002 - REQUEST

Current through June 17, 2024
002.01 The agency seeking space (Tenant
				Agency) needs to submit a detailed Leasing Requisition for Real Property form,
				which can be found on the State Building Division (SBD) website, to the SBD for
				the space desired.
002.02 The SBD
				will review the Leasing Requisition for Real Property and determine if the
				request is valid. If so, the SBD will proceed with obtaining approval from the
				Director of the Department of Administrative Services (DAS) and procuring the
				requested space.
002.03 Upon
				approval by the Director of DAS, the SBD, in cooperation with the Tenant
				Agency, will prepare the necessary detailed specifications for a Request for
				Proposals (RFP) and arrange for advertisement.
002.03(A) The advertisement will contain:
(i) A general description of the property
				desired;
(ii) Instructions on how
				to obtain a RFP packet;
(iii)
				Instructions on how to submit a proposal; and
(iv) The time and place proposals are to be
				opened.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 2 - LEASING PRIVATELY OWNED REAL PROPERTY › Section 7-2-003 - REVIEW

Current through June 17, 2024
003.01 The SBD is responsible for opening
				sealed bids and preparing a bid summary for use by the requesting agency. The
				bid summary and a copy of all proposals received will be given to the
				requesting agency.
003.02 The SBD
				will coordinate and be included in any site inspections of proposed
				locations.
003.03 After a review of
				all proposals and site inspections by the Tenant Agency and the SBD, a written
				recommendation by the requesting agency will be made to the SBD specifying the
				most acceptable proposal and corresponding justification for that
				recommendation. This recommendation will be made in accordance with the
				evaluation criteria developed by the requesting agency and included as a part
				of the RFP packet, as well as applicable law.
003.04 DAS will be the final authority on the
				proposal selection and award of contract. Any and all bids may be
				rejected.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 2 - LEASING PRIVATELY OWNED REAL PROPERTY › Section 7-2-004 - LEASE

Current through June 17, 2024
004.01 Upon approval by the Director of DAS
				and the SBD of contract award, the SBD will proceed in finalizing a lease
				agreement with the successful vendor (Lessor). Copies of the lease agreement
				will be sent to the Lessor for review and signature(s) and then returned to the
				SBD (Lessee) for final review and approval by the SBD, verification from the
				Budget Division as to the availability of sufficient agency appropriations to
				fund the lease, and approval and signature by the Director of DAS. Once the
				lease is executed, the SBD will return one fully executed copy of the lease
				agreement to the Lessor.
004.02 The
				proposed lease agreement will not take effect until executed by all necessary
				parties and the premises are ready for full legal occupancy. If a lease
				agreement cannot be successfully executed between the SBD and the Lessor, a new
				RFP may be issued.
004.03 SBD will
				then prepare a Space Allocation Agreement (SAA) between the Lessee and the
				Tenant Agency. The SAA is a binding agreement between the Tenant Agency and the
				SBD guaranteeing reimbursement by the Tenant Agency to Lessee for all rentals
				and associated lease costs paid to Lessor by the Lessee. A copy of the lease
				agreement will be attached to the SAA.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 2 - LEASING PRIVATELY OWNED REAL PROPERTY › Section 7-2-006

Current through June 17, 2024
A grievance and protest procedure, incorporated herein by
				  this reference, is available by contacting the SBD. A grievance or protest must
				  be filed by a vendor within ten (10) days after notification of intent to award
				  a lease contract.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 6 - RULES AND REGULATIONS GOVERNING USE STATE OFFICE BUILDING 301 CENTENNIAL MALL SOUTH, LINCOLN, NEBRASKA › Section 7-6-001 - AUTHORITY

Current through June 17, 2024
The responsibility of the State Office Building is vested in
				  the State Building Division of the Department of Administrative Services. (See
				  Section 81-1108.15 R.R.S. 1943 Cumulative
				  Supplement 1976) "The division shall have the primary functions and
				  responsibilities of statewide facilities planning, facilities construction, and
				  facilities administration and shall promulgate rules and regulations to carry
				  out the provisions of this section." Section 81.1108.17 further states,
				  "....shall at all times have charge of and supervision over the police,
				  janitors, and other employees in and about the capitol and capitol grounds,
				  state laboratory and laboratory grounds, and all other buildings and lands
				  adjacent to the capitol grounds owned or leased by the State of
				  Nebraska."
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 6 - RULES AND REGULATIONS GOVERNING USE STATE OFFICE BUILDING 301 CENTENNIAL MALL SOUTH, LINCOLN, NEBRASKA › Section 7-6-002 - EVENTS REQUIRING PRIOR CLEARANCE

Current through June 17, 2024
002.01
				Commission and/or Board meetings in the State Office Building which are open to
				the public.
002.02 Fund Raising
				Activities - Solicitation - Any fund raising canvassing or direct solicitation
				in individual offices is prohibited. Charitable fund raising activities, in the
				public interest, may be permitted upon written request but only after written
				approval from the Building Administrator.
002.03 Recruitment - Recruitment for the
				United States Armed Forces or for any civil group or organization must have
				prior written approval of the State Building Division Administrator.
002.04 Entertainment - Any entertainment
				program to merit approval will normally be limited to state employees during
				non-office hours within canteen service areas.
002.05 Demonstrations - All demonstrations
				must be peaceful and nonviolent in nature. All such activities will be
				restricted to the outside of the building. The Building Administrator shall
				request aid from the State Patrol or other enforcement agency when necessary.
				Demonstrators shall not block any entry or exit to the building. Any such group
				wishing to be heard by a specific agency or official shall select one person to
				speak on behalf of the group and, if entry to the building is recommended by
				the agency or official to whom an appeal is being made, all aisles shall be
				kept open and no activity which may disrupt the normal order of the State
				business will be tolerated.
002.06
				Information Booths and Displays - Information booths and/or displays which are
				in the public interest may be authorized for a limited length of time in the
				mall level gallery or the canteen area of the lower level. Written requests for
				the approval must include the proposed location, dates, purpose, type of
				display, organization represented, etc., and be submitted to the Building
				Administrator at least ten days in advance of the proposed dates.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 6 - RULES AND REGULATIONS GOVERNING USE STATE OFFICE BUILDING 301 CENTENNIAL MALL SOUTH, LINCOLN, NEBRASKA › Section 7-6-003 - GENERAL PROCEDURES

Current through June 17, 2024
003.01 The
				Department of Administrative Services, State Building Division, shall be
				notified of all activities that are to take place in the State Office Building
				during the normal nonbusiness hours, i.e, public hearings. Board of Commission
				meetings, and all other general or specific meetings likely to attract visitors
				other than regular State employees. No unauthorized activity shall take place
				in the State Office Building or on any related State property.
003.02 All requests for use of areas within
				the State Office Building, not specifically controlled by constitutional
				executive officers or the Legislature or Judicial branches of government, shall
				be made in writing and addressed to the Administrator, State Building Division,
				at least ten days in advance of the proposed function so that the required
				approval can be obtained. Requests should be specific as to the type of
				function, approximate number of people to be involved, area of the building to
				be used, responsible party involved, time, date, duration, and any other
				specific information relative to the request. (Refer to Form SBDl: 2-77
				attached.) A written response shall be made to each request within five days
				indicating the reason for the disapproval if such action is
				warranted.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 7 - FACILITY CONSTRUCTION PROJECTS › Section 7-7-001 - AUTHORITY

Current through June 17, 2024
The responsibility of the State Building Division (SBD) for
				  development of procedures in the construction process is contained in Neb. Rev.
				  Stat. §§
									72-803,
				  81-1108.15,
				  81-1108.41,
				  81-1108.42,
				  81-1114.01,
				  81-1711, and
				  81-1712.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 7 - FACILITY CONSTRUCTION PROJECTS › Section 7-7-002 - NEBRASKA CONSULTANTS' COMPETITIVE NEGOTIATION ACT

Current through June 17, 2024
002.01 For the purpose of the Nebraska
				Consultants' Competitive Negotiation Act, the Department of Administrative
				Services has jurisdiction over each project that has a construction cost
				greater than that amount described in 81-1712, as adjusted for inflationary and
				market changes, and is:
(A) A single
				construction project at one location;
(B) A grouping of minor construction,
				rehabilitation, restoration, or renovation activities at one location;
				or
(C) A grouping of substantially
				similar construction, rehabilitation, restoration, or renovation activities at
				multiple locations and is or will be performed by a contractor pursuant to one
				contract.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 7 - FACILITY CONSTRUCTION PROJECTS › Section 7-7-004 - COMPREHENSIVE CAPITAL FACILITIES PLAN

Current through June 17, 2024
As required by Section
				  81-1114.01, each department and
				  agency of the state, prior to submitting a capital construction project in
				  excess of the amount described in Section
				  81-1114.01, as adjusted for
				  inflationary and market changes, will prepare a comprehensive capital
				  facilities plan.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 7 - FACILITY CONSTRUCTION PROJECTS › Section 7-7-005 - PROGRAM STATEMENT

Current through June 17, 2024
The agency will submit to the SBD information regarding the
				  program statement. This includes, but is not limited to, information concerning
				  the funding and budget, project, comprehensive plan compliance, timeline, and
				  other information the SBD may request.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 7 - FACILITY CONSTRUCTION PROJECTS › Section 7-7-006 - PRE-CONSTRUCTION DOCUMENTS

Current through June 17, 2024
Information to be submitted by the agency to the SBD include,
				  but is not limited to, the following:
(A) Plans and specifications;
(B) Professional consultant's estimated total
				construction cost;
(C) Compliance
				with the approved program statement, preliminary plans, and
(D) Timeline.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 7 - FACILITY CONSTRUCTION PROJECTS › Section 7-7-007 - CONSTRUCTION CONTRACTS

Current through June 17, 2024
Bidding opportunities for construction contracts shall be
				  advertised in a statewide and a local publication once a week for three (3)
				  consecutive weeks or for twenty-one consecutive calendar days on a State-owned
				  webpage accessible to the public, or both.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 7 - STATE BUILDING DIVISION › Chapter 7 - FACILITY CONSTRUCTION PROJECTS › Section 7-7-008 - CONSTRUCTION DOCUMENTS

Current through June 17, 2024
SBD may require the agency or the contractor to submit to SBD
				  certain document, including, but not limited to:
(A) Capital construction quarterly status
				reports;
(B) Change orders and
				support for change orders;
(C)
				Certificates of payments for projects;
(D) A certificate pursuant to 81-1108.42 when
				final payment is requested; and
(E)
				A final report containing the information required by the SBD.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 8 - TRANSPORTATION SERVICES BUREAU › Chapter 1 - USE OF VEHICLES FOR STATE BUSINESS › Section 8-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These rules and regulations govern the use of state-owned and
				  personal vehicles for official state business under authority of Sections
				  81-1008
				  through
				  81-1025
				  and are prescribed by the Transportation Services Bureau (TSB) of the
				  Department of Administrative Services (DAS). These Rules and Regulations are
				  effective until amended or revoked.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 8 - TRANSPORTATION SERVICES BUREAU › Chapter 1 - USE OF VEHICLES FOR STATE BUSINESS › Section 8-1-002 - DEFINITIONS

Current through June 17, 2024
002.01
AGENCY.
Any
				unit of state government including, but not limited to, a department, board,
				bureau, or commission.
002.02
AGENCY HEAD.
The director, chair, or head of any
				Agency.
002.03
AUTHORIZING AGENCY.
The Agency that authorized the
				employee or contractor to drive a vehicle for official state
				business.
002.03
CHIEF
				OF TRANSPORTATION SERVICES BUREAU.
The Administrator of the
				TSB.
002.04
VEHICLE
				COORDINATOR.
Appointed representative of any Agency who is
				responsible for coordinating the use of assigned vehicles with the
				TSB.
002.05
STATE-OWNED
				VEHCICLE AND BUREAU FLEET VEHICLE.
These terms are defined in Neb
				Rev. Stat. §
									81-1011.
002.06
TSB POLICIES.
Policies and procedures issued by the TSB.
002.07
PERSONAL VEHICLE.
A Privately-owned or privately-leased vehicle used for official
				state business.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 8 - TRANSPORTATION SERVICES BUREAU › Chapter 1 - USE OF VEHICLES FOR STATE BUSINESS › Section 8-1-003 - QUALIFICATION OF OPERATOR OF A STATE-OWNED VEHICLE

Current through June 17, 2024
003.01 Prior to operating a State-Owned
				Vehicle, each Authorized Individual needs to complete the defensive driving
				course designated by the TSB and read the TSB policies and procedures manual
				and attest to such.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 8 - TRANSPORTATION SERVICES BUREAU › Chapter 1 - USE OF VEHICLES FOR STATE BUSINESS › Section 8-1-004 - USE OF STATE-OWNED VEHICLES

Current through June 17, 2024
004.01 All Agency
				Heads and Vehicle Coordinators are responsible for the utilization,
				administration, operation and maintenance of State-Owned Vehicles assigned to
				their Agency in accordance with TSB Policies.
004.02 Bureau Fleet Vehicles will be
				operated, maintained and serviced in accordance with TSB Policies.
004.03 Ethanol-blended fuel is the mandated
				fuel to be used in all State-Owned Vehicles whenever practical.
004.04 Official travel logs for fleet
				vehicles are to be completed in accordance with State Statute
				81-1025.
				Any vehicle deficiencies or malfunctions noted during use are to be reported to
				the TSB.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 8 - TRANSPORTATION SERVICES BUREAU › Chapter 1 - USE OF VEHICLES FOR STATE BUSINESS › Section 8-1-005 - USE OF PERSONAL VEHICLE FOR OFFICIAL STATE BUSINESS

Current through June 17, 2024
005.01 Agency Head, or their designee, may
				approve the use of personal vehicles for official state business.
005.02 Expenses related to the use of a
				privately-owned vehicles will only be reimbursed as authorized by Neb. Rev.
				Stat. §§
									81-1014
				and
				81-1176
				and pursuant to the policies of State Accounting. Maintenance, insurance, and
				depreciation costs are not eligible for reimbursement.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 8 - TRANSPORTATION SERVICES BUREAU › Chapter 1 - USE OF VEHICLES FOR STATE BUSINESS › Section 8-1-006 - PERMANENT ASSIGNMENT OF STATE-OWNED VEHICLE

Current through June 17, 2024
006.01 Bureau fleet vehicles may be
				permanently assigned to an Agency in accordance with TSB Policies and Neb. Rev.
				Stat. §
									81-1020.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 8 - TRANSPORTATION SERVICES BUREAU › Chapter 1 - USE OF VEHICLES FOR STATE BUSINESS › Section 8-1-007 - DISCIPLINARY ACTION FOR MISUSE OF STATE-OWNED VEHICLES

Current through June 17, 2024
007.01 Authorized Individuals must abide by
				all applicable motor-vehicle and traffic laws, including these rules and
				regulations and policies and procedures of the Authorizing Agency and TSB,
				while driving for official state business.
007.02 Authorized Individuals are personally
				and individually responsible for all traffic violations.
007.03 A violation of motor-vehicle or
				traffic laws, these rules and regulations, or policies and procedures of the
				Authorizing Agency or TSB while operating a vehicle for official state business
				may result in employee discipline, including possible dismissal from
				employment. The Authorizing Agency is responsible for discipline.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 8 - TRANSPORTATION SERVICES BUREAU › Chapter 1 - USE OF VEHICLES FOR STATE BUSINESS › Section 8-1-008 - REPORTS OR COMPLAINTS OF MISUSE OF STATE-OWNED VEHICLE

Current through June 17, 2024
008.01 Any report or complaint received by
				any Agency will be investigated by the Authorizing Agency. A copy of any report
				will be furnished to the TSB.
008.02 A response may be made by the
				Authorizing Agency to the complaining party concerning the alleged misuse of
				the State-Owned Vehicle. A copy of the response is to be furnished to the
				TSB.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 9 - MATERIEL DIVISION › Chapter 1 - PROCUREMENT AND CONTRACTING › Section 9-1-001 - REMOVAL FROM BIDDING

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 9 - MATERIEL DIVISION › Chapter 1 - PROCUREMENT AND CONTRACTING › Section 9-1-003 - STANDARD CONDITIONS AND TERMS

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 9 - MATERIEL DIVISION › Chapter 1 - PROCUREMENT AND CONTRACTING › Section 9-1-004 - AWARDING OF CONTRACT

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 9 - MATERIEL DIVISION › Chapter 1 - PROCUREMENT AND CONTRACTING › Section 9-1-005 - EXECUTION OF CONTRACT

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 9 - MATERIEL DIVISION › Chapter 1 - PROCUREMENT AND CONTRACTING › Section 9-1-006 - DIRECT PURCHASE AUTHORITY CRITERIA

Current through June 17, 2024
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.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 10 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Chapter 20 - RULES OF PRACTICE › Section 10-20-001 - NEGOTIATED RULE MAKING

Current through June 17, 2024
This section establishes the rules and regulations to
				  petition for negotiated rule making on contentious issue under the jurisdiction
				  of the Department of Administrative services
001.01 The Department of Administrative
				Services hereby adopts the model rules of procedures for negotiated rule making
				promulgated by the Attorney General pursuant to Neb. Rev. Stat. §
									84-909.01
				found at Title 53 Nebraska Administrative Code Chapter 1. including any
				amendments thereto.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 10 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Chapter 20 - RULES OF PRACTICE › Section 10-20-002 - AGENCY RULE MAKING

Current through June 17, 2024
This section establishes the rules and regulations for a
				  person or entity to petition for rulemaking to promulgate, amend, or repeal a
				  rule or regulation regarding matters under the jurisdiction of the Department
				  of Administrative services
002.01 The
				Department of Administrative Services hereby adopts the model rules of
				procedures for rule making promulgated by the Attorney General pursuant to Neb.
				Rev. Stat. §
									84-909.01
				found at Title 53 Nebraska Administrative Code Chapter 2. including any
				amendments thereto.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 10 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Chapter 20 - RULES OF PRACTICE › Section 10-20-003 - AGENCY DECLARATORY ORDERS

Current through June 17, 2024
This section establishes the rules and regulations for a
				  person to seek a Declaratory Order regarding matters under the jurisdiction of
				  the Department of Administrative services
003.01 The Department of Administrative
				Services hereby adopts the model rules of procedures for declaratory orders
				promulgated by the Attorney General pursuant to Neb. Rev. Stat. 584-909.01
				found at Title 53 Nebraska Administrative Code Chapter 3. including any
				amendments thereto.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 10 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Chapter 20 - RULES OF PRACTICE › Section 10-20-004 - HEARINGS IN CONTESTED CASES BEFORE THE AGENCY

Current through June 17, 2024
This section establishes the rules and regulations to
				  petition for a hearing to enforce the legal rights, duties, or privileges of a
				  specific party regarding matters under the jurisdiction of the Department of
				  Administrative services.
004.01 The
				Department of Administrative Services hereby adopts the mode! rules of
				procedures for agency hearings promulgated by the Attorney General pursuant to
				Neb. Rev. Stat. §
									84-909.01
				found at Title 53 Nebraska Administrative Code Chapter 4. including any
				amendments thereto.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 12 - DIRECTOR'S OFFICE › Chapter 1 - APPROVAL OF CONTRACTS FOR PERSONAL SERVICES › Section 12-1-001 - STAUTORY AUTHORITY

Current through June 17, 2024
These rules are adopted pursuant to the provisions of
				  sections
				  73-301
				  through section
				  73-306,
				  Reissue Revised Statutes of Nebraska 2018.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 12 - DIRECTOR'S OFFICE › Chapter 1 - APPROVAL OF CONTRACTS FOR PERSONAL SERVICES › Section 12-1-005 - DISPLACED STATE EMPLOYEES PLAN OF ASSISTANCE

Current through June 17, 2024
Any state agency that seeks to enter into a contract for
				  personal services is directed to also submit a formal plan of assistance to the
				  DAS Employee Relations Division for its review and approval. Upon review,
				  Employee Relations will then make its recommendation to the DAS
				  Director.
005.01 In formulating the
				plan of assistance, a state agency will include, but not be limited to the
				items mentioned in section
				73-303.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 12 - DIRECTOR'S OFFICE › Chapter 1 - APPROVAL OF CONTRACTS FOR PERSONAL SERVICES › Section 12-1-006 - DIRECTOR'S RESPONSIBILITIES

Current through June 17, 2024
The DAS Director's responsibilities are described in
				  sections
				  73-301,
				  73-304,
				  and
				  73-305.
006.01 The DAS Director's evaluation of any
				submitted contract will be based on the criteria in section
				73-304
				along with timelines for periodic review for compliance by the state agency and
				a return or cancellation of all payments for services that are not provided
				pursuant to the terms of the contract;
006.02 If approved, the requesting agency
				will receive confirmation in writing from the Director. The agency may then
				commence with the contracting effort.
006.03 If disapproved, the requesting agency
				will receive confirmation in writing stating the reasons for denial.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 13 - STATE CLAIMS BOARD › Chapter 1 - REVIEWAL OF CLAIMS › Section 13-1-001 - DEFINITIONS

Current through June 17, 2024
001.01
BOARD.
Means
				the State Claims Board.
001.02
RISK MANAGER.
Means Risk Manager of the State of
				Nebraska.
001.03
ATTORNEY GENERAL.
Means the Attorney General or his or
				her designee.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 13 - STATE CLAIMS BOARD › Chapter 1 - REVIEWAL OF CLAIMS › Section 13-1-002 - MEETING OF THE BOARD

Current through June 17, 2024
The Board will have no fixed meeting date, but is subject to
				  the call by the Chairman, the Risk Manager, or a majority of the Board, at a
				  time and place designated by the one making said call.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 13 - STATE CLAIMS BOARD › Chapter 1 - REVIEWAL OF CLAIMS › Section 13-1-006 - NOTICE

Current through June 17, 2024
The Risk Manager will notify the claimant of the time, date,
				  and place of hearing by U.S. mail, not less than ten days before the Board
				  meeting. Upon good cause shown, the Board may reschedule any hearing and the
				  Risk Manager is to cause notice of such rescheduling to be mailed to the
				  claimant.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 13 - STATE CLAIMS BOARD › Chapter 1 - REVIEWAL OF CLAIMS › Section 13-1-008 - RELEASE

Current through June 17, 2024
The Risk Manager is to transmit, with notification of the
				  determination, a release of the claim in consideration of the amount of the
				  award fixed by the Board. The release will be on a form approved by the
				  Board.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 13 - STATE CLAIMS BOARD › Chapter 1 - REVIEWAL OF CLAIMS › Section 13-1-009 - BOARD MEETING PROCEDURE

Current through June 17, 2024
009.01 The Board
				will regulate the conduct of the hearing and of the parties and maintain
				order.
009.02 The claimant has the
				right to be represented by counsel. Only claimants or their designated counsel
				may speak at a hearing.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 13 - STATE CLAIMS BOARD › Chapter 1 - REVIEWAL OF CLAIMS › Section 13-1-010 - ACCEPTANCE

Current through June 17, 2024
Return of the release properly executed by the claimant
				  constitutes acceptance of the award in full settlement of the claim. In the
				  event the claim is of two or more persons, each will separately execute the
				  release; however, their attorney of record may by his execution on their behalf
				  make a binding release for all of the claimants.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 1 - COVERAGE › Section 273-1-001 - APPLICABILITY

Current through June 17, 2024
These rules apply equally to all agencies and employees
				  covered by the State Personnel System unless otherwise noted. Agency heads are
				  responsible for the application of these rules within their agency and ensuring
				  all employees comply with provisions of these rules.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 1 - COVERAGE › Section 273-1-002 - AGENCY RULES AND POLICIES - CONFLICTS

Current through June 17, 2024
These rules do not limit the authority of any agency head to
				  make rules governing the conduct of departmental employees and the performance
				  of department functions, provided such departmental rules are consistent with
				  these rules and any collective bargaining agreement entered into by the
				  State.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 1 - COVERAGE › Section 273-1-003 - MANAGEMENT AUTHORITY

Current through June 17, 2024
Management retains all rights not granted to employees by
				  these rules. Such rights include, but are not limited to, all authorities and
				  responsibilities conferred to agency heads and management personnel pursuant to
				  Neb. Rev. Stat. §
									81-1311.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 1 - COVERAGE › Section 273-1-004 - EMPLOYEES COVERED BY PERSONNEL RULES

Current through June 17, 2024
All agencies and personnel of state government are considered
				  subject to the State Personnel System except those identified in Neb. Rev.
				  Stat. §
									81-1316. Employees subject to
				  certified Collective Bargaining Agreements as prescribed in Neb. Rev. Stat.
				  §
									81-1373 are not covered by these
				  rules to the extent that wages, hours and other terms and conditions of
				  employment are provided for by contract.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 1 - COVERAGE › Section 273-1-005 - DISCRETIONARY NON-CLASSIFIED POSITIONS

Current through June 17, 2024
Each agency may have non-classified positions as identified
				  in Neb. Rev. Stat. §
									81-1316. Persons holding the
				  non-covered position serve at the pleasure of the agency head and are paid
				  salaries set by the agency head. In no case will a current state employee's
				  career protections or coverage by Personnel Rules and Regulations be revoked
				  without the prior written agreement of such employee.
005.01
CREATION OF DISCRETIONARY
				NON-CLASSIFIED POSITIONS.
An agency head, when establishing a
				discretionary non-classified position, will submit to the Director a
				notification to create a new position or change a current position, including a
				listing of the number of employees in the agency for determination of the
				appropriate number of eligible discretionary non-classified positions. When
				non-classified positions are created under the provisions of Neb. Rev. Stat.
				§
									81-1316(2), they
				will be established in a single non-classified code and title N00700,
				Discretionary Non-Classified.
005.02
WORKING
				TITLE.
Discretionary non-classified positions may be assigned a
				working job title which describes the function of the position.
005.03
SALARY AND
				BENEFITS.
The agency head has total discretion in setting the pay
				rate (hiring rate, increases and reductions) of an employee in a discretionary
				non-classified position.
005.04
AT WILL EMPLOYMENT.
Individuals transferred or hired
				to fill discretionary non-classified positions are 'at will' employees. 'At
				will,' for purposes of the discretionary non-classified positions, is defined
				as serving at the pleasure of the appointing authority not subject to the Rules
				and Regulations of the Classified Personnel System.
005.05
DISCRETIONARY
				NON-CLASSIFIED EMPLOYEE CONVERSION TO CLASSIFIED STATUS.
An agency
				head may not convert a discretionary non-classified position to a classified
				position while the position is occupied.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 3 - EMPLOYEE RECRUITMENT AND SELECTION › Section 273-3-001 - EQUAL EMPLOYMENT

Current through June 17, 2024
It is the policy of the State that every individual is given
				  fair and equal opportunity for employment and advancement. Discrimination in
				  employment and advancement based on race, color, religion, national origin,
				  ethnicity, age, sex, marital status, genetic information, or physical or mental
				  disability is prohibited.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 3 - EMPLOYEE RECRUITMENT AND SELECTION › Section 273-3-002 - VACANT POSITIONS

Current through June 17, 2024
Agency heads must notify DAS-State Personnel Division of all
				  vacant positions for assistance in recruiting qualified applicants. DAS-State
				  Personnel Division will initiate a recruiting program, at the requesting
				  agency's expense, for the specified positions.
002.01
NOTIFICATION OF
				VACANCIES.
DAS-State Personnel Division will be provided a
				requisition of positions to be posted that includes the position number, job
				code, position title, essential duties, required qualifications, salary, work
				location, shift and working schedule and closing date.
002.01(A)
POSTING
				REQUIREMENT.
All electronic requisitions must be transmitted to
				DAS-State Personnel Division by the prescribed time and date to ensure
				inclusion of the formal external announcement in the sponsored publications and
				web sites. Positions will be advertised for a minimum of six work days. An
				exception to the six workday posting requirement may be granted by the
				Director.
002.01(B)
TEMPORARY EMPLOYMENT.
Refer to Chapter 4 for rules
				covering recruitment, selection, and employment of temporary
				employees.
002.01(C)
REPOSTING.
Positions posted within the past 90 days
				need not be posted again externally if the hiring agency prefers to hire from
				the existing pool of interviewed applicants, provided that the new position is
				the same classification, has similar in duties with the same requirements, and
				at a location within the same proximity.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 3 - EMPLOYEE RECRUITMENT AND SELECTION › Section 273-3-003 - SELECTION

Current through June 17, 2024
Agency heads must ensure that all applicants hired possess
				  the necessary competencies (i.e., knowledge, skills, abilities, education,
				  training, licenses/certifications) and meet any applicable statutory
				  requirements. The hiring authority is also be responsible for reference and
				  criminal records checks and verification of academic credentials.
003.01 All agencies should develop uniform
				selection criteria prior to beginning the selection process. DAS-State
				Personnel Division is available to assist in developing selection criteria. The
				hiring agency is responsible for documentation and validation of all selection
				activities involved in the hiring process.
003.02 Applicants who falsify or omit
				relevant qualifications or work history in their application material may be
				disqualified. Applicants hired to positions as the result of falsifying or
				omitting relevant information concerning their qualifications or work history
				may be disciplined up to and including termination.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 3 - EMPLOYEE RECRUITMENT AND SELECTION › Section 273-3-004 - DOUBLE-FILL

Current through June 17, 2024
For the purpose of training, agency heads may hire a
				  qualified applicant to double-fill an incumbent vacating a position for a
				  period not to exceed 60 calendar days, unless approved by the
				  Director.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 4 - TEMPORARY EMPLOYMENT › Section 273-4-001 - AUTHORITY

Current through June 17, 2024
Neb. Rev. Stat. §
									81-1307(6) 
				  establishes DAS-State Personnel Division as a clearinghouse for all State
				  temporary employment.
Nebraska Administrative Code › Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF › Title 273 - STATE PERSONNEL DIVISION › Chapter 4 - TEMPORARY EMPLOYMENT › Section 273-4-004 - LEAVE

Current through June 17, 2024
Temporary employees receive the following types of paid
				  leave: injury, civil and military training, or emergency duty leave (see
				  Chapter 9 for information on leave). Temporary employees are not eligible for
				  sick leave, vacation leave, retirement, or holiday pay. If a temporary employee
				  works on a holiday or observed holiday, he/she will be paid for the time worked
				  at his/her normal rate of pay. Temporary employees may receive unpaid leave at
				  their supervisor's discretion.