0. DQ CAAA 2025000245 - CDOC Fresh Produce 12.2.24.pdf

State of Colorado

Colorado Department of Corrections

11/22/2024

DQ CAAA 2025000245

CDOC Warehouse Fresh Produce

Sole Point of Contact for this Solicitation is:

Amanda Murray – Purchasing Agent (amanda.murray@state.co.us) Contact with any other State personnel regarding this procurement, unless specifically authorized by the above-named Sole Point of Contact, may result in disqualification.

Respondents are urged to read the solicitation document and attachments thoroughly before submitting a quote.

Respondents are required to submit Federal Employer Identification Number (FEIN) (W-9) prior to award from the

Colorado Department of Corrections.

mailto:amanda.murray@state.co.us

Contents Table of Contents

1. SOLICITATION INFORMATION

A. Introduction

B. Background, Overview and Goals

C. Anticipated Term

D. Schedule of Activities

2. SCOPE OF WORK/SPECIFICATIONS AND REQUIREMENTS

A. Accessibility Requirements

B. Insurance Requirements

C. Delivery & Specifications

D. Product Approval & Samples

3. QUOTE SUBMISSION INFORMATION

A. Quote Submission Instructions

B. Timeliness of Quote Submission

C. Quote Format and Content

D. Pricing

4. AWARD

A. Award (See Procurement Rule R-24-103-204-01)

B. Negotiations

C. Single Quote

D. Notice of Award

E. Documents After Award

5. GENERAL ADMINISTRATIVE INFORMATION

A. Colorado Vendor Self Service

B. Modifications and/or Supplemental Information to The Solicitation

C. DQ Cancelation/Rejection of Quote(s)

D. Modifications or Withdrawal of Quotes

E. Mistakes and Minor Informalities in Respondent Quotes

F. News Releases and Announcements

G. Respondent Acceptance of Solicitation Terms/Respondent Quote Content

H. Certification of Independent Price Determination

I. Quote Response Material Ownership

J. Submission of Confidential or Proprietary Information

K. Conflicts of Interest/Ethics

L. Protested Solicitations and Awards

M. Performance Outside of Colorado

N. Service Disabled Veteran Owned Small Businesses (SDVOSB) (Ref. §24-103-905, C.R.S., Et Seq.)9

O. Security Provisions

Attachments:

1. Exhibit A – Vendor DQ Checklist

2. Exhibit B – Required Vendor Information

3. Exhibit C – W-9 Request for Taxpayer ID Number

4. Exhibit D – Price Proposal – Fresh Produce Order Form

5. Exhibit E – Vendor Disclosure Statement

6. Exhibit F – Purchase Order Terms and Conditions

7. Attachment A – Insurance Information

1. SOLICITATION INFORMATION

A. Introduction

On behalf of the State of Colorado, Colorado Department of Corrections (CDOC) is issuing this Documented Quote (DQ) for Produce, DQ CAAA 2025000245 CDOC Warehouse Fresh Produce Order.

B. Background, Overview and Goals All information contained within this DQ, and any amendments and modifications thereto, reflect the best and most accurate information available to the State at the time of this DQ.

C. Anticipated Term A. The anticipated term of the purchase order resulting from the award of this solicitation will be for a single order for the week after the date of Award.

B. The CDOC is not responsible for any goods delivered or services performed by the awarded

Respondent without a State issued Purchase Order

D. Schedule of Activities

i. This Schedule of Activities is for information and planning purposes only. Schedules for

Activities listed as “Estimated” may be subject to change depending on the needs of the State. All times are stated in Mountain Time (MT), as adjusted for daylight savings

Activity Date & Time

Solicitation Published via Colorado VSS, https://www.colorado.gov/vss and bidnetdirect.com//cdoc

11/22/2024 2:00 PM

Quote Submission Deadline Quotes must be submitted in the method described in Section 3

11/27/2024 12:30 PM

3 Award selection and notification (Estimated) 11/27/2024 2:00 PM

4 Purchase Order Issue Date (Estimated) 11/27/2024 3:00 PM

C. Respondent Inquiries

i. Offerors may submit written inquiries concerning this DQ to obtain clarification on specifications and requirements through bidnetdirect.com//cdoc.

ii. The State, in its sole discretion may not accept inquiries received after the date and time indicated in the schedule of activities.

iii. All inquiries should be clearly marked with the DQ number and title. Where appropriate, inquiries should include references to any relevant section/paragraph of the solicitation.

iv. List each question separately.

v. The CDOC will publish responses to Respondents inquiries collectively, in a timely manner, as a modification on Colorado VSS and bidnetdirect.com//cdoc.

vi. Respondents shall not rely on any verbal statements that alter any specification or other term or condition of the solicitation. Such changes are valid only if provided in writing by the Procurement Contact.

2. SCOPE OF WORK/SPECIFICATIONS AND REQUIREMENTS

The Scope of Work describes the deliverables sought through this DQ and the scope of what the awarded Respondent will be expected to offer through the Contract or Purchase Order resulting from this DQ. The Scope of Work is intended to provide interested Respondents with sufficient basic information to submit a quote. It is not intended to limit a quote’s content or exclude any relevant or essential data.

A. Accessibility Requirements https://www.colorado.gov/vss

All work performed as a result of this solicitation must comply with all applicable provisions of §§24- 85-101, C.R.S., et seq., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to §24-85-103 (2.5), C.R.S. and 3) all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

B. Insurance Requirements The awarded Respondent will be required to submit a certificate(s) of insurance evidencing insurance coverage for the types and amounts of insurance as required by the Insurance provision in the Purchase Order Terms and Conditions, included in this solicitation as Exhibit F, prior to execution of the Purchase Order. Attachment A has information to determine what insurance will be needed for this solicitation.

C. Delivery & Specifications

i. Fresh Produce Specifications: Complete item specifications and quantities as per the accompanying Fresh Produce Order Form Exhibit D. Each Vendor is to provide unit cost and extended cost on all items bid. All food products shall be properly labeled as to identity and originate.

ii. All Fresh Produce products must be shipped in appropriate transport containers to each of the 6 locations by delivery date indicated on Exhibit D – Fresh Produce Order Form and as listed below:

Monday, December 2nd, 2024:

Buena Vista Correctional Complex (BVCC) – Prior to 12:00 Noon Highway 285, Buena Vista, CO 81211

Tuesday, December 3rd, 2024:

Arkansas Valley Correctional Facility (AVCF) – Prior to 2:00 PM 12750 Highway 96 Lane 13, Crowley, CO 81034

Central Warehouse (CCCW) – Prior to 9:00 AM 57500 East Highway 50 and Evans Road, Canon City, CO 81212

Sterling Correctional Facility (SCF) – Prior to 9:00 AM 12101 Highway 61, Sterling, CO 80751

Wednesday, December 4th, 2024:

Denver Women’s Correctional Facility (DWCF) – Prior to 12:00 Noon 3600 Havana Street, Denver, CO 80239

Denver Reception & Diagnostic Center (DRDC) – Prior to 12:00 Noon 10900 Smith Road, Denver, CO 80239

Limon Correctional Facility (LCF) – Prior to 10:00 AM 49030 State Highway 71, Limon, CO 80826

iii. The item(s) awarded will be the item(s) expected to be delivered.

iv. All commodities listed must be date coded and must meet the current United States Standards published by the United States Department of Agriculture for the grades requested.

v. All items are to be F.O.B. Destination; Pricing will be considered all inclusive, no additional shipping, surcharges, or taxes will be paid. Vendors should take shipping costs into consideration when submitting a bid response to this solicitation.

D. Product Approval & Samples

i. All product Brands and Nutritional Specifications must be approved for use prior to Award;

product brand names, nutritionals, and specifications must be included with proposal documents if not previously approved by CDOC authorized staff. Specification and Nutritional fact sheets needing reviewed will be sent to: DOC_HQ_Fdsvc_Laundry@state.co.us and karen.perkins@state.co.us also copy donner.dean@state.co.us and william.chapman@state.co.us

ii. Vendors may be expected to provide a sample upon request only. If samples are requested vendors are required to send them immediately in order to be eligible for future award(s). Vendors with be notified when/if samples, specifications and nutritionals have been approved.

iii. Requested sample(s) must be submitted by case lots, will be sent at the sole expense of the vendor and will not be returned.

iv. Only when requested, sample requests must be sent to:

Colorado Department of Corrections – HQ Attention: Charleen Crocket 1250 Academy Park Loop Colorado Springs, CO 80918

v. EQUAL SPECIFICATIONS: Brand names and specifications used herein are intended to aid in establishing the desired standard of quality needed to meet state requirements, and not to unduly restrict competition. Unless a specific item's description states otherwise, you may submit a bid for a product of equal specifications and quality; however, the product must be approved nutritionally (see product approval & samples section above) and a sample may be required prior to bid closing.

3. QUOTE SUBMISSION INFORMATION

A. Quote Submission Instructions

i. Respondents shall only submit Quotes via bidnetdirect.com//cdoc. The Quote submission should include the Subject line: “Quote submission from (Insert Respondent Name) for DQ CAAA 2025- (Last 4-digits of Solicitation) CDOC Fresh Produce.

ii. No other electronic submission methods or hard copy submittals will be accepted.

B. Timeliness of Quote Submission

i. Quotes received after the submission deadline shall not be opened and shall be rejected as a late response, unless otherwise permitted by the procurement official in accordance with Procurement Rules C.R.S. §24-103-201-10.

ii. Responsibility for ensuring that a Respondents quote is received on time rests with the Respondent.

C. Quote Format and Content

i. The CDOC will not consider the submission of brochures, references to websites or other marketing material as a substitute for written responses to our requirements and questions.

ii. Quotes must follow the format outlined with electronic copies of each document provided as instructed. Quote sections should be tabbed, clearly identifiable, and contain the following. Please verify all information listed below is filled out, signed, and is attached with your Quote.

a. Exhibit B, Required Vendor Information;

mailto:DOC_HQ_Fdsvc_Laundry@state.co.us mailto:karen.perkins@state.co.us mailto:donner.dean@state.co.us mailto:william.chapman@state.co.us

b. Exhibit C, W-9 Request for Taxpayer ID Number

c. Exhibit D, Price Proposal

d. Exhibit E, Vendor Disclosure Statement

D. Pricing

i. Proposed pricing/quote must remain firm during term of the Contract or Purchase Order.

ii. Pricing must include any fees associated with the delivery of goods or services, including, but not limited to, shipping and installation.

4. AWARD

A. Award (See Procurement Rule R-24-103-204-01)

i. This solicitation and the resulting Purchase Order will be awarded to the responsible Respondent whose acceptable Quote is determined to be the most advantageous to the State, with price/cost being the primary consideration. Other considerations may include, but are not limited to, sample quality, past performance and lead time for delivery.

ii. Acceptable means that the goods or services submitted in the Respondent’s Quote will meet the state’s needs, and that the price is fair and reasonable. The determination of whether a Respondent’s Quote is acceptable is solely within the State’s discretion.

iii. Neither this solicitation nor a Respondent’s Quote constitutes a legally binding offer; therefore, responsiveness at the time of Quote submission is not an absolute criterion.

B. Negotiations The State may negotiate with any Respondent to clarify the Respondent’s Quote or to effect modifications that will make the Quote Acceptable or more advantageous to the State; however, any requirements identified in this solicitation may not be negotiated. Reference Procurement Rule R-24- 103-204-01(d).

C. Single Quote If only one Quote is received in response to this solicitation, an award may be made to the single Respondent if the procurement official finds that the price submitted is fair and reasonable and that other prospective Respondents had reasonable opportunity to respond to the solicitation. If the price submitted is not fair and reasonable and there is not adequate time for re-solicitation, the procurement official may enter into competitive negotiations in accordance with Procurement Rule R-24-103-208-02.

D. Notice of Award A Notice of Intent to Award will be announced on Colorado VSS and Bidnetdirect.com///cdoc.

E. Documents After Award Prior to Purchase Order execution, the awarded Respondent must provide the State with proof of Good Standing with the Colorado Secretary of State (www.sos.state.co.us) and an insurance certificate documenting coverage as required by the Purchase Order.

5. GENERAL ADMINISTRATIVE INFORMATION

A. Colorado Vendor Self Service This solicitation is being published on the Colorado Vendor Self Service page (Colorado VSS) at www.colorado.gov/vss, and Bidnetdirect.com//cdoc, so that Respondents who have an interest may submit a Quote to bidnetdirect.com//cdoc in accordance with the terms of this solicitation.

B. Modifications and/or Supplemental Information to The Solicitation

i. Any modifications, amendments or supplemental information to the solicitation will published on

Colorado VSS and Bidnetdirect.com//cdoc. A modification notice will be published on Colorado VSS and Bidnetdirect.com//cdoc in the event that it becomes necessary to revise any part of this solicitation.

http://www.sos.state.co.us/

ii. It is the Respondent’s sole responsibility to check Colorado VSS and Bidnetdirect.com//cdoc on a regular basis, prior to the Quote submission deadline, as this is the primary means for communicating any clarifications or changes to solicitation content, timeline and/or requirements.

C. DQ Cancelation/Rejection of Quote(s)

i. In accordance with §24-103-301, C.R.S., and the related Procurement Rules, the State may cancel this solicitation, or any and all Quotes may be rejected in whole or in part, without penalty, at any time before a purchase order is executed, when it is in the best interest of the State. The reason and documentation supporting the decision to cancel the solicitation or reject Quote(s) shall remain confidential for the lesser of six months or until a purchase order is awarded by the State.

Reference Procurement Rule R-24-101-401-05.

ii. If the solicitation is canceled after, Quotes are received, the Quotes that have been opened shall be retained in the procurement record, or if unopened, they will be disposed of, or returned to the Respondent upon request at the Respondents’ expense.

D. Modifications or Withdrawal of Quotes A Respondent may modify or withdraw its Quote by written notice to the Procurement Contact prior to the established Quote submission deadline. Withdrawal of a Respondent’s Quote following the Quote submission deadline and prior to award, may be allowed, in the State’s discretion. Withdrawal of a Respondent’s Quote after award is not allowed. Reference Procurement Rules R-24-103-201-08 and R- 24-103-201-09.

E. Mistakes and Minor Informalities in Respondent Quotes In certain circumstances, a Respondent may correct a mistake(s) in its Quote and/or the State may waive minor informalities. Reference Procurement Rule R-24-103-201-08.

F. News Releases and Announcements Respondents shall not issue any news releases, communications or announcements of any kind pertaining to this solicitation, without prior written approval by the State.

G. Respondent Acceptance of Solicitation Terms/Respondent Quote Content

i. Neither this solicitation nor a Respondent’s Quote submitted in response to this solicitation constitute a legally binding offer. Reference Procurement Rule R- 24-103-204-01(b).

ii. The contents of the Quote of the awarded Respondent and any modifications to the Quote negotiated by the State included in the resulting Purchase Order will become contractual obligations. Failure of the awarded Respondent to accept these obligations may result in cancellation of the award to that Respondent.

H. Certification of Independent Price Determination By submitting a Quote, the Respondent certifies that the prices and other terms in the Quote have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the Quote by any other competing Respondent. For purposes of this paragraph, "consultation, communication, agreement with, or knowledge" does not include knowledge of prices or terms gained through availability of established price lists or catalogues made available to the public by the competing Respondents. No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a Quote for restricting competition. Reference §6-4- 101, C.R.S., et seq., (Colorado Antitrust Act of 1992) as amended.

I. Quote Response Material Ownership All material submitted in response to this solicitation becomes the property of the State.

J. Submission of Confidential or Proprietary Information

i. The State of Colorado is subject to the requirements of §24-72-200.1, C.R.S., et seq., Colorado

Open Records Act.

ii. A Respondent may submit, as a part of its Quote, a written request for classification of certain portions of the Quote as a trade secret or other confidential or proprietary information. Material for which the Respondent is requesting confidentiality shall be readily identifiable and separated from other portions of the Quote to facilitate public inspection of the non-confidential portion of the Quote. Commingling of confidential and non-confidential information is not acceptable. Neither price information nor any information that will be included in a resulting purchase order will be considered confidential.

iii. The Respondent must include the rationale for any request to classify portions as a trade secret or confidential or proprietary, including references to the authority that allows for such treatment.

iv. A complete redacted Quote response should also be included along with an unredacted Quote and confidentiality justification.

v. In no event shall an entire Quote be classified as confidential. The Procurement Official or his or her designee shall determine if the information identified in the Respondent’s request is exempt from disclosure in accordance with §24-72-204, C.R.S., and shall inform the Respondent in writing of his or her determination. If the Respondent does not agree with the determination, the Respondent may protest the determination in accordance with article 109 of the Colorado Procurement Code and the terms of this solicitation. Reference Procurement Rule R-24-101-401- 03.

vi. Any additional Respondent information, which may be part of the evaluation/negotiation process and for which a Respondent claims confidentiality, is subject to the same requirements and processes identified above.

K. Conflicts of Interest/Ethics

i. The Respondent must disclose in its Quote any potential or actual conflict of interest in connection with a response to this solicitation. A conflict of interest may include, but is not limited to, access to any non-public information by the Respondent regarding the solicitation or its subject matter.

ii. The Respondent acknowledges that even the appearance of a conflict of interest may be harmful to the State’s interests. The Respondent shall disclose in its Quote whether there currently is, or potentially could be, the appearance of a conflict of interest regarding this solicitation, its staff, any proposed subcontractors or partners, or any related business with the State.

iii. Requirements set forth in this Section are continuing requirements throughout the solicitation process and, for the awarded Respondent, the Purchase Order term, including any extensions.

Reference §24-18-201, C.R.S., et seq. (Proscribed Acts Related to Contracts and Claims); §24-50- 507, C.R.S.(Conflict of Interest); §18-8-301, C.R.S., et seq. (Bribery and Corrupt Influence); §18- 8-401, C.R.S., et seq. (Abuse of Public Office); §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992); §24-109-105, C.R.S .(Debarment and Suspension); and Procurement Rule R-24-101- 107-01 (Ethics).

L. Protested Solicitations and Awards An aggrieved party may file a protest concerning a Material Issue(s), at any phase of solicitation, including but not limited to, specifications, award or a disclosure of information marked confidential in the Quote. “Material issue” means a nontrivial defect in the solicitation or award that would prejudice the outcome of the procurement. The presence of multiple nonmaterial issues in a solicitation or award does not constitute a material issue unless the aggrieved party can establish that those nonmaterial issues together would prejudice the outcome of the procurement.” The protest shall be submitted to the CDOC Procurement Official within three (3) business days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Reference §24-109-102, C.R.S., as amended, and Procurement Rule R-24-109-102-01, et seq. Protests should be submitted in writing to the following:

Tina Fay Associate Director of Procurement tina.m.fay@state.co.us

M. Performance Outside of Colorado Awarded Respondent, per Section 24-102-206, C.R.S., prior to contracting shall disclose in a written statement whether it anticipates performing or subcontracting any services under the contract, where such subcontracted services will be performed under the contract, including any subcontracts, and whether any subcontracted services under the contract or any subcontracts are anticipated to be performed outside the United States or the state. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the vendor shall provide in its written statement a provision setting forth why it is necessary or advantageous to go outside the United States or the state to perform the contract or any subcontracts. Please see Exhibit E.

N. Service Disabled Veteran Owned Small Businesses (SDVOSB) (Ref. §24-103-905, C.R.S., Et Seq.)

i. SDVOSB Respondents must submit documentation of certification issued through the U.S.

Department of veteran’s affairs in their Quote. §24-103-905 C.R.S. sets a SDVOSB goal of at least 3% of all contracts by dollar value by awarded to SDBOSB’s who must be incorporated or organized in Colorado or they must maintain a place of business or have an office in Colorado and must be officially registered and verified as a SDBOSB by the Center for Verification and Evaluation within the United States Department of Veteran’s Affairs. See www.vip.vetbiz.va.gov.

O. Security Provisions

i. All CDOC correctional facilities have significant security requirements, which make it necessary for the contractor to communicate and coordinate work with CDOC staff for the efficient delivery of goods and services.

ii. All Contractor personnel who come onto CDOC property shall be subject to a CDOC criminal background check and shall be required to sign a “Consent to Search Authorization” form before CDOC shall permit access to any correctional facility.

iii. Approved individuals shall be subject to search of person or vehicle at any time while in any CDOC facility or on CDOC grounds.

iv. In the event of a facility disturbance or event, CDOC may temporarily detain the entry and exit of all traffic from the facility. All reasonable efforts shall be made to release the Contractor’s personnel and any equipment as quickly as possible while maintaining the security of the CDOC facility.

v. Cell phones, cameras, tablets, and laptops will be restricted on all CDOC properties.

Accommodations may be made if prior approval is requested at least 4 days in advance, subject to the discretion of the individual facility. East Canon Correctional Prison Complex does not allow cell phones, cameras, tablets, and laptops past checkpoint without prior authorization.

vi. No tobacco or vapes, weapons, or other contraband items will be allowed.

mailto:tina.m.fay@state.co.us http://www.vip.vetbiz.va.gov/