technical abilities, communication skills and timeliness, cost and schedule estimates and accuracy, problems (poor quality deliverables, contract disputes, work stoppages, et cetera), overall performance, and whether or not the reference would rehire the firm or individual. Only top scoring bidders may receive reference checks, and negative references may eliminate bidders from consideration for award. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS All bidders should be authorized to transact business in the State of Nebraska. All bidders are expected to comply with all Nebraska Secretary of State Registration requirements. It is the responsibility of the bidder to comply with any registration requirements pertaining to types of business entities (e.g. person, partnership, foreign or domestic limited liability company, association, or foreign or domestic corporation or other type of business entity). The bidder who is the recipient of an Intent to Award will be required to certify that it has so complied and produce a true and exact copy of its current (within ninety (90) calendar days), valid Certificate of Good Standing or Letter of Good Standing; or in the case of a sole proprietorship, provide written documentation of sole proprietorship. This must be accomplished prior to the award of the contract. Construction Contractors are expected to meet all applicable requirements of the Nebraska Contractor Registration Act and provide a current, valid certificate of registration. Further, all bidders shall comply with any and all other applicable Nebraska statutes regarding transacting business in the State of Nebraska. Bidders should submit the above certification(s) with their bid. If a bank is registered with the Office of Comptroller of Currency, it is not required to register with the State. However, the Office of Comptroller of Currency does have a certificate of good standing/registration. The bank could provide that for verification. (Optional) VIOLATION OF TERMS AND CONDITIONS Violation of the terms and conditions contained in this Request for Proposal or any resultant contract, at any time before or after the award, shall be grounds for action by the State which may include, but is not limited to, the following: Rejection of a bidder’s proposal; Withdrawal of the Intent to Award Termination of the resulting contract. Legal action. Suspension of the bidder from further bidding with the State for the period of time relative to the seriousness of the violation, such period to be within the sole discretion of the State.
(Initial) (Initial) Alternative within RFP Response (Initial) The Contractor warrants that all persons assigned to the project shall be employees of the Contractor or specified Subcontractors, and shall be fully qualified to perform the work required herein. Personnel employed by the Contractor to fulfill the terms of the contract shall remain under the sole direction and control of the Contractor. The Contractor shall include a similar provision in any contract with any Subcontractor selected to perform work on the project. Personnel commitments made in the Contractor's proposal shall not be changed without the prior written approval of the State. Replacement of key personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications. The State reserves the right to require the Contractor to reassign or remove from the project any Contractor or Subcontractor employee. In respect to its employees, the Contractor agrees to be responsible for the following: any and all employment taxes and/or other payroll withholding; any and all vehicles used by the Contractor’s employees, including all insurance required by state law; damages incurred by Contractor’s employees within the scope of their duties under the contract; maintaining workers’ compensation and health insurance and submitting any reports on such insurance to the extent required by governing State law; and determining the hours to be worked and the duties to be performed by the Contractor’s employees. CONTRACT CONFLICTS Accept (Initial) Reject (Initial) Reject & Provide Alternative within RFP Response (Initial) NOTES/COMMENTS: Contractor shall insure that contracts or agreements with sub-contractors and agents, and the performance of services in relation to this contract by sub-contractors and agents, does not conflict with this contract. STATE OF NEBRASKA PERSONNEL RECRUITMENT PROHIBITION Accept (Initial) Reject (Initial) Reject & Provide Alternative within RFP Response (Initial) NOTES/COMMENTS: The Contractor shall not, at any time, recruit or employ any State employee or agent who has worked on the Request for Proposal or project, or who had any influence on decisions affecting the Request for Proposal or project. CONFLICT OF INTEREST Accept (Initial) Reject (Initial) Reject & Provide Alternative within NOTES/COMMENTS: