IFB-CM-16-001 1

STATE OF COLORADO

INVITATION FOR BIDS (IFB) and RESPONSE COVER SHEET TITLE: Fire Protection Systems Services & Portable Fire Extinguishers

Per the attached specifications, terms and conditions.

Date: 07/24/2015, Friday IFB Number: IFB-CM-16-001

Submit Bid to:

State of Colorado Department of Personnel & Administration State Purchasing Office 1525 Sherman Street, 3rd Floor Denver, CO 80203

Sourcing Specialist:

Cheri Miller

IFB Due Date: 08/07/2015, Friday IFB Due Time:

2:00 PM

Mountain Time

.11a.

INSTRUCTIONS:

Bidder completes this Cover Page, signs in BLUE INK, and submits with its Bid.

Bidder must be registered with the State of ColoradoVSS by the closing date/time of the Solicitation.

Bidder F.E.I.N.:

Payment Terms:

(Minimum of Net 30) Delivery Date:

Authorized Signature:

Signature acknowledges acceptance of all terms and conditions of the solicitation.

Typed/Printed Name and Title:

Legal Company Name:

Doing Business As:

Legal Business Address:

City: State: Zip:

Phone Number: Fax Number:

Contact for Clarifications:

Title:

Phone Number: Fax Number:

E-mail Address:

IMPORTANT NOTE: The following must be on the outside of the sealed Bid Envelope/Container:

Bidder Name, Solicitation Number, Closing Date, Closing Time, Bidder’s Email Address

Note: Telegraphic or electronic bids (Fax, Western Union, Telex, e-mail, etc.) cannot be accepted directly in the State Purchasing Office as a sealed bid for the original bid. Bidders are urged to read the solicitation document thoroughly before submitting a bid.

Bidder to answer and acknowledges by its signature above:

- Confirm that you are aware that the award notice will be published on ColoradoVSS: ____ Yes

- My company is registered on VSS: _____Yes / _____No

- Proprietary Information: is in my response and as segregated pages: _____Yes / _____No

- Registered with the Colorado Secretary of State ____No / ____Yes, and #________________________

- Bidder proposes using Subcontractors for this project: _____Yes / _____No

- Bidder has reviewed Modifications made to this IFB – list the Modification # last reviewed: _____.

- Bidder has reviewed Section 1.18, Protested Solicitations and Awards: _____Yes Colorado Revised Statutes Title 24, Article 109, Entitlement to Cost, in part states: “When a protest is sustained administratively or upon administrative or judicial review and the protesting bidder or offeror should have been awarded the contract under the solicitation but, due to defect in the solicitation, was not, the protestor shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs. No other costs shall be permitted and reasonable costs shall not include attorney fees.”

IFB-CM-16-001 2

This Solicitation is made up of the following sections:

1. Administrative Information and Instructions for Bidders Page 3

2. Background, Overview, and General Page 8

3. Statement of Work Page 9

4. Format & Bid Instructions Page 22

5. Evaluation and Award Selection Process Page 24

6. Definitions of Terms Page 25

Exhibits: (Informational)

A. Colorado Model Contract

B. State of Colorado – Purchase Order Terms & Conditions

C. Colorado Regions by County

D. Colorado Environmentally Preferable Purchasing (EPP) Policy

E. Sample Quarterly Volume Reports - ABC Company - Summary and Detailed

F. Fire Protection System Services Specifications

Attachments: (Bidder to Complete and Submit in its Bid)

1. Request for Taxpayer Identification Number and Certification (W-9) (OSC) (form)

2. Vendor Disclosure Statement (OSC) (form)

3. Bidder Response Cost Workbook (form)

4. Company Experience and Demonstrated Capability Fact Sheet (form)

Note1: Corrections made 7/31/15 to the specifications in IFB Section 3.8.B. Portable, Commercial Grade Fire Extinguishers – Water Pressurized.

IFB-CM-16-001 3

Section 1 - Administrative Information and Instructions for Bidders

1.1 Vendor Self-Service (VSS) and Registration.

This solicitation is published using the Colorado Vendor Self-Service “VSS”. Bidders may download solicitation documents and information from ColoradoVSS. Bidders must be registered in ColoradoVSS at the time of the solicitation’s closing in order to be considered responsive and receive an award if warranted. ColoradoVSS information can be found through the State Purchasing Office (SPO) link at www.colorado.gov/VSS. The VSS Help Desk can be reached at 303-866-6464 for further assistance.

1.2 Issuing Office and Official Means of Communication.

This Competitive Sealed Best Value Bid, as an Invitation for Bids (IFB) through ColoradoVSS, is issued by the Colorado State Purchasing Office (SPO) and is the sole point of contact concerning this

IFB. During the solicitation process for this IFB, all official communication with Bidders will be via notices on ColoradoVSS. Notices may include any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent winning Bidder(s). It is incumbent upon Bidders to regularly monitor ColoradoVSS for any such notices.

1.3 Purpose.

The State Purchasing Office (SPO), under the Colorado Department of Personnel & Administration (DPA), wishes to establish price agreements for two (2) services types of fire protection systems services and portable fire extinguishers. More specifically, the 4 services levels include: a) the inspection and testing of Fire Sprinkler Systems, Backflow Prevention Systems, Fire Detection and Alarm Systems, Emergency-Exit Lighting Systems, Commercial Overhead Hood Fire Suppression Systems, Special Hazard Systems, Automatic Fire Pumps, and Standpipes/Hoses;

b) inspection, testing, and recharging of portable fire extinguishers; c) sales of new, commercial grade, portable fire extinguishers; and d) minor repairs of fire protection systems.

The following entities Ordering Entities are permitted to purchase from Colorado State Price Agreements:

Colorado State Departments and Agencies, Colorado Institutions of Higher Education, Colorado Political Subdivisions, eligible Non-Profit Organizations, and other entities (including cooperatives) authorized by State statutes to use Colorado State contracts as subject to the approval of the State Chief Procurement Official. (See Section 6, Definitions of Terms for additional information on “Other State Agencies”.)

Issues of interpretation and eligibility for participating are solely within the authority of the State Chief Procurement Official. The State of Colorado makes no guarantee that any quantity will be purchased as a result of this IFB.

1.4 Scope of the IFB/Basis for Award.

The purpose of this IFB is to seek bids for providing two (2) services types of fire protection systems services and portable fire extinguishers needs. Awards may be made to a Bidder(s) and services in one or more of seven (7) regions and for one or more services types. Evaluation of the responsive bids received will be conducted and the State may award price agreements as a result of this IFB. Bidders will be awarded based on bids that are determined to be responsive and responsible and meets the specifications and the evaluation factors set forth in IFB Section 3, Section 4 and Section 5.

The State will award on fire protection systems services separately from the portable fire extinguishers services and sales. Bidders will identify in their bids if they will provide one of 3 choices: 1) only fire protection systems services, 2) fire protection system services and portable fire extinguisher services & sales, or 3) only portable fire extinguisher services & sales.

The State intends to establish Price Agreement(s) for the initial period from the executed contract to approximately 8/31/2016, with the option to renew for up to four (4) additional one-year periods. (See the Colorado Model Contract, Exhibit A for additional information.) Resulting awards from this solicitation intend to be established as permissive Colorado State Price Agreements. The State reserves the right to migrate to a Mandatory status if determined it is in the best interest of the State

All information contained within this IFB, and any amendments and modifications thereto, reflect the best and most accurate information available to the State at the time of IFB preparation. No inaccuracies in such data shall constitute a basis for legal recovery of damages or protests, either real or punitive, except to the extent that any such inaccuracy was a result of intentional misrepresentation by the State.

http://www.colorado.gov/VSS

IFB-CM-16-001 4

1.5 Schedule of Activities.

1. Deadline for Bidder written questions. 07/30/15, Thursday, 5:00 PM (MT)

2. State response to Bidder questions. 07/31/15, Friday, 5:00 PM (MT)

3. Intent to Bid notification to the SPO. 08/03/15, Monday, 5:00 PM (MT)

4. Deadline to submit bids. 08/07/15, Friday, 2:00 PM (MT)

5. Public Opening of Bids. 08/07/15, Friday, 3:00 PM (MT)

6. Projected contract start date. 08/25/15

Note: The State is requesting interested Bidders to send a “notice of intent to bid” via email to the SPO, as shown in IFB Section 1.6 (Inquiries and Questions) below. This Bidder notification provides the SPO with the level of interest for this solicitation. Not sending an intent-to-bid notice does NOT impact the Bidder’s eligibility to submit a bid by the bid submission deadline.

1.6 Inquiries and Questions.

Bidders may submit email, written or fax inquiries concerning this IFB to obtain clarification on specifications and requirements. All inquiries are due no later than the time shown in Section 1.5.

(Schedule of Activities) or otherwise amended on VSS. The SPO prefers all inquiries be sent via electronic mail and referencing the IFB number in the subject line. When submitting inquiries via email, use an attachment with plain text in WORD format. List your questions as “1, 2, 3, etc.”

Please limit inquiries to only those issues which are essential in order to submit a viable bid in response to this IFB. Requests for detailed or exhaustive information may be declined if such information is not deemed by the State to be necessary to submit a viable bid. Inquiries must be submitted by way of one of the following three methods, although e-mail is preferred.

E-mail (preferred) - Send to at cheri.miller@state.co.us

In the subject line, reference “IFB-CM-16-001 Fire Protection Systems Services”

Written

State Purchasing Office Attention: Cheri Miller IFB-CM-16-001 Fire Protection Systems Services 1525 Sherman Street, 3 rd Floor

Denver, Colorado 80203

Fax: (303) 894-7445 (Please note: non-receipt of a fax is not grounds for protest.)

In the subject line, reference “IFB-CM-16-001 Fire Protection Systems Services” “Attention: Cheri Miller/SPO”

Response to Bidder questions (if required) will be published as a modification on VSS in a timely manner.

Bidders should not rely on any other information if not published on VSS, either written or verbal, that alter any specification or other term or condition of the IFB during the open solicitation period. Bidders are NOT to contact any other State Office or individual regarding this solicitation. Bidders are responsible for monitoring VSS for the publication of any and all modifications to this solicitation.

1.7 State for Colorado’s Special Provisions and Purchase Order Terms & Conditions.

The Colorado State Special Provisions that will govern a resulting contract are located in Exhibit A, Colorado Model Contract. The State of Colorado’s Purchase Order’s Terms & Conditions that will accompany a purchase order issued by a State Ordering Entity are in Exhibit B, State of Colorado Purchase Order Terms & Conditions.

1.8 General Instructions and Bid Submission.

Bidders are encouraged to carefully and completely review this IFB and all attachments prior to submitting its bid. For detailed information on the bid submission, see Section 4 (Format and Bid Instructions) of this IFB. Sealed bids, including the signed Invitation for Bids Cover Sheet, must be received on or before the date and time indicated on the IFB Cover Sheet (page 1) or as modified on ColoradoVSS. It is the Bidder’s responsibility to ensure its bid arrives at the Colorado State Purchasing Office, regardless of the delivery method used. Late bids will not be accepted.

mailto:cheri.miller@state.co.us

IFB-CM-16-001 5

1.9 Bidder’s Binding Offer and Acceptance.

The contents of a Bidder’s bid submitted in response to this IFB shall constitute a binding offer and will become contractual obligations of the successful Bidder. Acknowledgment of this condition shall be indicated by the signature (page 1) of the Bidder or an officer of the Bidder legally authorized to execute contractual obligations. A submission in response to this IFB, unless specified otherwise, acknowledges acceptance by the Bidder of all terms and conditions, as set forth herein including its attachments and exhibits, without making its offer contingent.

A Bidder may withdraw its bid upon written notification submitted to and received by the SPO prior to the established IFB bid opening date and time (email is acceptable). In accordance with Procurement Rule 24-103-202b, the State will not retain a copy of the withdrawn bid.

The State may require additional information (financial, capacity, etc.) of the apparent successful

Bidder(s) to determine its ability to perform. The State reserves the right to visit Bidder’s office(s) to verify such ability. (For additional information, see IFB Section 3, Statement of Work and the Colorado

Model Contract, Exhibit A.)

1.10 Synopsis of Selection of Successful Bids, Number of Awards, and Intent to Award.

The State intends to award to multiple Bidders capable of fulfilling the anticipated volume needs for the

State and other Ordering Entities. An evaluation will be conducted and awards made to Bidders whose bids are determined to be responsive and responsible and meets the specifications and evaluation factors set forth in IFB Section 3, Section 4, and Section 5. Should the State determine at any time during the term of the resulting awards that the number of awarded Contractors is not adequate to properly fill these needs, the State reserves the right to make awards to Bidders who submitted responses to the original solicitation but were not awarded, or to re-issue the solicitation and make additional awards as necessary.

The State reserves the right to continue with existing contracts should the pricing in these IFB responses be deemed non-beneficial to the State. The State reserves the right to continue with existing contracts in addition to the awards resulting from this solicitation if deemed it is in the best interest of the State.

1.11 Term of the Price Agreement.

The initial price agreements will be effective upon a fully executed contract and end on approximately

8/31/2016. Price Agreements may be renewed for four (4) additional one-year periods, at the sole discretion of the State. (See IFB Section 3 for additional information.)

1.12 Proprietary/Confidential Information.

Any restrictions of the use or inspection of material contained within the bid shall be clearly stated in the bid itself and such information segregated. Written requests for confidentiality shall be submitted by the Bidder with the bid for consideration and acceptance of confidential status by the State. The Bidder must state specifically what elements of the bid are to be considered confidential/proprietary and must state the statutory basis for the request under Colorado Open Records Act (CORA) (§ 24-72-201 et seq., C.R.S.).

Confidential/Proprietary information must be readily identified, marked and separated/packaged from the rest of the bid. Neither a bid in its entirety, nor bid price information is considered confidential and proprietary.

Any information that will be included in any resulting price agreement cannot be considered confidential.

The Colorado State Purchasing Office (SPO) will make a written determination as to the apparent validity of any written request for confidentiality. In the event the SPO does not concur with the Bidder’s request for confidentiality, the written determination will be sent to the Bidder. (§ 24-72-201 et. seq., C.R.S).

1.13 Service Disabled Veteran Owned Small Business Participation.

A Bidder claiming status as a service disabled veteran owned small business must identify itself as such in its bid and provide documentation of its certification from the United States Department of Veteran Affairs (US DOVA) with its response to this IFB.

1.14 Resident Bidder.

Any Bidder who wishes to be considered a "resident bidder" for purposes of the preference provided in §24-103-202.5 C.R.S. shall include with his/her bid, proof that he/she meets the definition of resident bidder as set forth in either §24-103-101(6)(a) C.R.S. or §24-103-101(6)(b) C.R.S.

IFB-CM-16-001 6

1.15 Low Tie Bids.

When low tie bids are received in response to a IFB for commodities and tie Bidders are either both/all resident Bidders or both/all non-resident Bidders, the purchasing agency shall follow the procedures set forth in §24-103-202.5 C.R.S.

1.16 IFB Response Material Ownership.

The State has the right to retain the original bid and other IFB response materials for its files received by the solicitation closing and not withdrawn prior to the public opening. As such, the State may retain or dispose of all copies as is lawfully deemed appropriate. The State has the right to use any or all information/material presented in the reply to the IFB, subject to limitations outlined in the clause, Proprietary/Confidential Information. Bid materials may be reviewed after the “Notice of Intent to Award” has been issued, subject to the terms of C.R.S. Title 24, Article 72, Part 2 as amended.

1.17 Venue.

The parties agree the venue for any action related to the performance of a resulting contract is the City and County of Denver, Colorado. (Refer to Sample Colorado Model Contract, Exhibit A.)

1.18 Taxes.

State of Colorado Agencies, as purchaser, are exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code and from all state and local government sales and use taxes (§ 39-26-704, C.R.S.). Colorado Political Subdivisions and eligible Non-profit Organizations utilizing the resulting State Price Agreement with an awarded Contractor are solely responsible for its own tax requirements. (See Colorado Model Contract, Exhibit A for additional information.)

1.19 Payment Schedule.

The State's minimum payment terms for the resulting contract are net thirty (30) days. Ordering Entities have historically remitted payment in a timely matter but it is the Contractor’s responsibility to confirm all payment terms with each Ordering Entity at the time an order is placed. Late fees may not be assessed to State government entities until the 46th day after the payment was due. The Contractor is eligible to invoice for late payment charges of 1% per month on the unpaid balance. The State is NOT responsible for any orders placed by non-State Ordering Entities.

1.20 Protested Solicitations and Awards.

Any actual or prospective Bidder who is aggrieved in connection with the solicitation or award of a contract may protest to the State Purchasing & Contracts Director. Mail to State of Colorado, State Purchasing Office, ATTN: Cindy Lombardi, State Purchasing & Contracts Director, 1525 Sherman Street, Third Floor, Denver, CO 80203. The protest shall be submitted in writing within seven (7) business days after such aggrieved person knows or should have known of the facts giving rise to the protest.

C.R.S Title 24, Article 109, Entitlement to Cost, in part states: When a protest is sustained administratively or upon administrative or judicial review and the protesting Bidder should have been awarded the contract under the solicitation but, due to defect in the solicitation, was not, the protestor shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs. No other costs shall be permitted and reasonable costs shall not include attorney fees.

1.21 News Releases.

News releases pertaining to this IFB and associated awards without prior written approval by the SPO are prohibited by the Bidder.

1.22 Parent Company.

If a Bidder is owned or controlled by a parent company, the name, main office address and parent company’s tax identification number shall be provided in the bid. Note: Bidders are advised that the Federal Employer Identification Number (FEIN) entered on the IFB Cover Sheet (page 1), and on the W-9 form submitted in its bid, and as registered in VSS must be the same.

1.23 Certification of Independent Price Determination.

1.23.1 By submission of this bid each Bidder certifies, and in the case of a joint bid each party, thereto, certifies as to its own organization, that in connection with this procurement:

a) The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Vendor or with any competitor; and

IFB-CM-16-001 7

b) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Vendor or to any competitor; and

c) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

1.23.2 Each person signing the IFB Cover Sheet of this bid certifies that:

a) He/She is the person in the Bidder’s organization responsible for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above; or

b) He/She is not the person in the Bidder’s organization responsible for the decision as to the prices being offered herein but that he/she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above.

1.24 Legislative Changes.

The State reserves the right to amend the IFB and/or contract in response to Colorado legislative changes that affect this program.

1.25 Order of Precedence.

In the event of any conflict or inconsistency between terms of this IFB and the offer, such conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of a resulting contract, second to the IFB, and third to the bid. (See Colorado Model Contract, Exhibit A for additional information.)

1.26 IFB Cancellation.

The State reserves the right to cancel this entire IFB or individual phases at any time, without penalty in accordance with Procurement Rule 24-103-304.

1.27 Audit.

Awarded Contractors may be required to have a process audit conducted of the program at least once every three (3) years, at the Contractor’s expense. If the Contractor has not had such an audit prior to awarding of a resulting contract, one may be required to begin within six (6) months of the award of a contract, at the Contractor’s expense. A complete copy of the audit must be provided to the State’s project manager as identified in the awarded contract within five (5) working days of its completion. The

State will negotiate directly with the Contractor regarding any exceptions or findings from the audit.

1.28 Doing Business in Colorado.

In order to do business in Colorado, the Colorado Secretary of State requires Vendors to register in accordance with § 7-90-801, C.R.S., and obtain and maintain a rating of “good standing” status throughout the term of an awarded contract. The link to the Colorado Secretary of State’s web site is:

www.sos.state.co.us. (See Sample Colorado Model Contract, Exhibit A for additional information.)

Bidder must include in their bid a copy of the “certificate of good standing”.

1.29 Federal Employer Identification Number (FEIN).

In order to do business with a State Agency, Vendors are required to provide FEIN information to indicate their legal business identity. Bidder must complete and submit the form provided by the State, Attachment 1, Request for Taxpayer Identification Number and Certification (W-9) (the form’s signature page only).

1.30 Vendor Disclosure Statement.

In compliance with § 24-102-206 C.R.S, Vendor Performance Outside the United States or Colorado, and directed by the Colorado Office of the State Controller (OSC), Vendors are required to disclose information to the State on where services will be performed. Bidder must complete and submit the

Vendor Disclosure Statement, Attachment 2.

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

IFB-CM-16-001 8

1.31 Insurance.

An awarded Contractor shall obtain and maintain insurance coverage at all times during the term of a resulting contract. The Contractor must obtain and maintain liability coverages for general, automobile, and workman’s compensation, at a minimum, as identified in the Colorado Model Contract, Exhibit A.

Note: Only the awarded Contractor is required to submit such documents to the State upon request.

1.32 Greening Requirement.

The State respects the environment and desires to do business with Contractors who share this concern.

Awarded Contractors agree that reports, catalogs, correspondence, or other submittals will be made on recycled paper and with copying on both sides of the pages. (Recycled paper meaning not less than 50% of the total weight consisting of secondary and post-consumer waste, and not less than 10% total weight consisting of post-consumer waste.) See Exhibit D, Colorado Environmentally Preferable Purchasing (EPP) Policy for additional information.

1.33 Public Opening of Bids.

On the date and time shown in the “Public Opening of Bids” above, the State Purchasing Office will conduct the public opening at the delivery location identified in IFB Section 1.5 (Schedule of Activities) or otherwise amended on ColoradoVSS. The Public Opening will disclose only the names of all Bidders who have submitted a bid in response to the IFB by the closing deadline. Information regarding contents of bids will be available from the State Purchasing Office following issuance of a “Notice of Intent to Award” letter. (Participants not admitted earlier than 15 minutes prior to the start of the Public Opening.)

Section 2 – Background, Overview, and General

2.1 Background.

The State Purchasing Office (SPO) in the Colorado Department of Personnel & Administration, Office of the State Controller, contracts for services and goods provided to Colorado State Departments/Agencies, Institutions of Higher Education, Political Subdivisions, eligible Non-profit Organizations, and other authorized entities across the State, border-to-border.

Historical Usage. Historically, provision of fire protection systems services and portable fire extinguishers through the current awarded price agreement generates over $779,000 in annual spend (see below); which is based on sales reported by current Contractor. (Additional spend generated through non-contracted Vendors may account for an estimated $50,000 annually.) This high-volume customer base enables the State to negotiate exceptional rates and benefits. Any volume information (spend or quantity) provided by the State are estimated figures only and are intended to assist potential Contractors in understanding the scope of the State’s category needs. The expenditures reflect past usage and may fluctuate up or down. The State does not obligate itself to any or all quantities indicated nor does it guarantee future spending at these levels.

Breakout of SFY 2015 Purchases: $779,046 _%_ State Agencies $162,041 21% Institutions of Higher Education $145,806 19% Political Subdivisions $471,199 60% Non-Profit Organizations $0 0%

2.2 Overview.

The State Purchasing Office is requesting bids from responsible Bidders to establish Price Agreements for fire protection systems services and fire extinguishers that will fulfill the needs for all eligible Ordering Entities within the State and covering one or more of seven (7) regions. (Regions are identified in Exhibit C, Colorado Regions by County and IFB Section 3.3, Statement of Work below.) The State will determine if the level of goods/service and regions warrant an award.

As a result of this IFB, the State intends to award multiple “Price Agreement” contracts. A Price Agreement, by its nature, is indefinite in its size and value. It does not determine a specific quantity, time, or place, for the State’s ordering practices; it does establish terms and conditions and a list of identified maximum prices for all applicable fire protection systems services and fire extinguishers that are covered under an awarded contract. Ordering Entities will place orders for services/goods through “Delivery Orders” (i.e. orders, purchase orders, etc.) that are based on the pricing in the Price Agreement’s terms and conditions.

IFB-CM-16-001 9

Services for the inspection and testing of fire protection systems and the sale of new fire extinguishers offered by the Bidder shall comply with various guidelines established for the industry to include the National Fire Protection Association (NFPA); Occupational Safety and Health Administration (OSHA); National Institute for Certification in Engineering Technologies (“NICET”); additionally, Emergency Lighting, and Fire Detection and Alarm Systems shall be tested and maintained in accordance with National Electric Code (NEC) minimum standards; Colorado Department of Safety, Division of Fire Safety, and in compliance with the Colorado Fire Suppression Rules; and in compliance with applicable safety and fire codes pertinent to each fire district and/or local Authority Having Jurisdiction (AHJ).

The following objectives are intended to be the result of this process: (1) comprehensive, competitively solicited contract offering fire protection systems services and new fire extinguishers; (2) providing services to participating departments and agencies statewide; (3) exceptional customer service; (4) sustainable product offerings and business practices that have minimal environmental impact; (5) the achievement of substantial cost savings in product and administrative/overhead costs through the aggregation of the State’s requirements; and (6) a supply contract and price structure that is clear, consistent, transparent, and fair.

The State may award all or part of this IFB based on the best interests of the State and reserves the right to award to multiple Bidders. To maximize chances of success in this process, Bidders are encouraged to provide an aggressive response to this IFB.

Goals: Achieve border-to-border coverage of services through a process that enables regional awards and allows subcontracting. The State encourages Colorado businesses to participate and invites all interested companies to submit a bid.

2.3 General- Samples (Primarily Fire Extinguishers).

Bidder may be required to furnish samples of product for evaluation prior to award. Samples furnished must conform exactly to the specifications herein unless otherwise specified by the State Purchasing Office. Samples furnished with deviations must be clearly marked. When required, samples shall be furnished within seven (7) calendar days upon written request and are provided at the expense of the Bidder. Samples not provided in accordance with the specifications or within the time specified may result in rejection of the bid. A successful Bidder's samples may be retained for comparison with products delivered under the contract. For non-awarded Bidders, samples will not be returned unless the Bidder requests in writing of the requirement to do so at the time the sample is furnished, and then only at the Bidder's expense. Failure to arrange for pick up of released samples within thirty (30) calendar days will result in disposal of the samples by the State. During the bid evaluation process, the State reserves the right to request further details, including formulations, to clarify specifications; this information will be identified as confidential and used for evaluation purposes only.

Section 3 - Statement of Work

An awarded Contractor shall provide goods to eligible Ordering Entities within the terms and conditions as stated below for two (2) services types of fire protection systems services and portable fire extinguishers. More specifically, services include: a) the inspection and testing of Fire Sprinkler Systems, Backflow Prevention

Systems, Fire Detection and Alarm Systems, Emergency-Exit Lighting Systems, Commercial Overhead

Hood Fire Suppression Systems, Special Hazard Systems, Automatic Fire Pumps, and

Standpipes/Hoses; b) inspection, testing, and recharging of portable fire extinguishers; c) sales of new, commercial grade, portable fire extinguishers; and d) minor repairs of fire protection systems.

Note: The resulting price agreement is for systems inspections, testing, and minor repairs. It is not to purchase, install, or monitor fire protection systems. For State Agencies, services may be provided up to

$25,000 per fiscal year (aggregate) and are acceptable under an awarded Price Agreement in conjunction with other services provided (inspection/testing and/or sale of extinguishers). The State will award on fire protection systems services separately from the portable fire extinguishers services and sales. .

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3.1 Minimum Specification for Response.

Vendor is required to have experience in providing specified service to governmental user organizations of similar, varying size, and complexity. Bidder must demonstrate the existence of its business for a minimum of three (3) years and provide evidence of experience for a minimum of three (3) years in providing the required types of services/goods; prior to submission of a response to a solicitation. The State may require additional information to determine an awarded Contractor’s ability to perform. This information may include, but is not limited to, previous experience of company; years in business;

performance of services; quality and condition of equipment; financial condition; references as to size and scope of work. To be considered responsive, Contractor must provide documentable experience.

ACTION: In its bid response, Bidder is to describe its company’s experience that meets the qualifications of having been in business for at least three (3) years, and in providing fire protection systems services and portable fire extinguishers to customers of a similar size and scope required by the State.

3.2 Subcontracting/Partnering.

Subcontracting and/or partnering is allowed so that an awarded Contractor can engage subcontractor(s) to provide services and goods which can expand the service coverage area. If an awarded Contractor engages a subcontractor to provide services and goods to an Ordering Entity, the awarded Contractor is legally liable for its engaged subcontractor. The awarded Contractor is responsible to manage its subcontractor(s) utilized in the performance of a resulting contract and ensure its subcontractor(s) also complies with the terms, conditions, and commitments of an awarded contract. The awarded Contractor shall establish a formal, written contract with its Subcontractor(s). An awarded Contractor must disclose to the State all subcontractors it engages for the purpose of providing services to the State. Disclosure shall include a subcontractor’s company name and address; and the name, title, and phone number of the primary contact.

The State reserves the right to disqualify a subcontractor selected by the awarded Contractor, based on the State’s past experience with the subcontractor. The awarded Contractor shall invoice for all services and goods (including those provided by Subcontractors) rendered to an Ordering Entity using its standard invoicing documents and process. The State shall make payment for Goods purchased by State Ordering Entities to the Contractor. Subsequently, the Contractor shall pay its Subcontractor(s) in a timely manner for services and/or goods rendered.

ACTION: In its bid response, Bidder is to provide the name, address, and phone numbers of its subcontractors intended to provide services as a result of this IFB.

3.3 Service Regions.

There are seven (7) regions throughout the State that may receive services and supplies. An awarded Contractor must provide fire protection systems services and fire extinguishers to ALL counties within a specific region for one or more of the seven (7) regions (noted below), to be considered responsive. Contractor must provide for all of the counties in the regions they responded to and received an award.

Region 1 - Denver Metro Area

Region 2 - South Central

Region 3 - North Central

Region 4 - West Central

Region 5 - Northwestern

Region 6 - Southwestern

Region 7 - Southeastern.

ACTION: A Bidder may submit a bid for one or more of the seven (7) regions noted above. Bidder shall complete Tab 1-Regions in the Bidder Response Cost Workbook (Attachment 3) and include a hardcopy of Tab 1 in its bid and the Workbook electronic file.

3.4 General Performance Expectations for Awarded Contractor and Ordering Entities.

Ordering Entities have a responsibility to provide information to the awarded Contractor at the time service is requested. Ordering Entities must provide basic information about the type, location, and condition status of their fire protection systems and fire extinguishers.

IFB-CM-16-001 11

Once engaged, the Contractor has responsibilities to ensure timely performance of services and providing an updated list of fire protection systems, location, and condition status. The Ordering Entity is responsible for ensuring the required inspection/tests are performed on its fire protection systems and equipment.

Expectations of Ordering Entities: It is expected that an Ordering Entity’s facility manager or designee shall:

Provide a list of fire protection systems to the Contractor at the time services is ordered, to include (at a minimum) the types of all systems, locations of all systems, the condition of each, and the last inspection/test date. (Information like brand and age is also preferable.)

Provide a list of fire extinguishers to the Contractor at the time services is ordered, to include the types extinguishers, brands, size, locations, condition of each, and the last inspection/test date.

Indentify what type of service Ordering Entity wants performed. For example: semi-annual, fire sprinkler system inspection, the type (wet or dry system), and where located (building, floor, area;

and for fire extinguishers- how many, what type (A,B,C), what size (5#, 10#, etc.), what brand, and where located (building, floor, area).

Provide an escort to the Contractor to identify all fire protection systems for all locations.

Identify the water district(s) Ordering Entity uses for its facility(s). (Note: It is recommended the Ordering Entity contact its Accounting section for such information.)

Notify awarded Contractor when special water and/or fire district reports are required and provide a sample, if applicable.

Pay for services rendered in a timely manner.

When applicable, notify Contractor as timely as possible if the facility is in “lock down” status.

(Otherwise, Ordering Entity is subject to Contractor’s travel expenses.)

Ensure compliance that the Ordering Entity is responsible that the required inspection/tests are performed on its fire protection systems and equipment.

Ensure compliance that the Ordering Entity is responsible to contact the Contractor for engaging, scheduling, and arranging any services it needs.

Ensure compliance that the Ordering Entity is responsible to allow adequate lead time to schedule services with the Contractor, at least 30 days prior to the current inspection expiration.

Ensures written notification to the Contractor is sent when its contact information changes.

Ensure an understanding of the Expectations of an awarded Contractor.

Note: when providing information to the Contractor, the Ordering Entity must do so in writing, via email is acceptable.

Expectations of Awarded Contractor: It is expected that the Contractor shall:

Work with the Ordering Entity to set up a reasonable service schedule.

Perform the scheduled services as agreed upon for type, date, times, etc. (Unless Force Majeure issues arise.)

That once a Contractor has completed the engaged services, the Contractor will make an updated list of fire protection systems (type, location, condition status, brand and age, if able) and provide a copy to the Ordering Entity.

Invoice the Ordering Entity promptly. Only one detailed invoice is required, additional breakouts and or invoices will need to be negotiated with the Ordering Entity.

Follow up with the Ordering Entity only once via email using the contact information obtained from the Ordering Entity for the next service engagement, at least one month prior to the next regularly scheduled annual inspection date. Note: In the event the Ordering Entity is not responsive to the Contractor’s initial notification email or does not provide a purchase order (order or other form of contracting), the Contractor is not required to continue to contact the Ordering Entity.

ACTION: In its bid response, Bidder is to provide a statement it will comply with this requirement.

Colorado Presence: An awarded Contractor is NOT required to have an office, store front, or warehouse located in Colorado. An awarded Contractor is required to provide a list to the State showing the number and locations of offices/stores/warehouses it maintains in Colorado; and its employee headcount within

Colorado; and is required to provide an updated list to the State at least once a year.

ACTION: In its bid response, the Bidder is to list the number and locations of offices, stores, and warehouses maintained in Colorado, and employee headcount within Colorado.

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3.5 Compliance with Regulations, Certification and Licensing:

A. In accordance with the Colorado Department of Safety, Division of Fire Safety, and in compliance with the

Colorado Fire Suppression Rules, all vendors performing Fire Suppression System Tests, Maintenance, and Inspections shall be registered and/or have personnel certified to conduct necessary work. (Colo.

Dept. of Public Safety, Division of Fire Safety, refer to full Fire Suppression Rules document at:

http://dfs.state.co.us.)

B. All testing and maintenance shall be done in accordance with the National Fire Protection Association

(NFPA), Occupational Safety and Health Administration (OSHA), and National Institute for Certification in

Engineering Technologies (“NICET”). Emergency Lighting, and Fire Detection and Alarm Systems shall be tested and maintained in accordance with National Electric Code (NEC) minimum standards.

C. Contractor is expected to be cognizant of appropriate codes within the various Colorado locations to be serviced and must conduct work in compliance with applicable safety and fire codes pertinent to each fire district and/or local Authority Having Jurisdiction (AHJ). If a Contractor does not already possess the local jurisdiction’s certification (through the Fire Board of Commission and/or Water Board of

Commission), a Contracted vendor must obtain the certification within 60 days of Ordering Entity’s request for services. For some jurisdictions, a Board of Commission reviews and approves applicants’ certification requests only on a monthly basis. Contractor must have an active local certification prior to performing the services.

D. Service technicians performing work must be able to conduct proper inspection, functional testing, cleaning and sensitivity testing procedures applicable to the aspects of the services to be performed.

Service technicians must be technically knowledgeable, and work must be performed in compliance and accordance with all applicable requirements.

E. Fire Suppression Systems Contractor: Contractor’s staff conducting work on Backflow Prevention

Systems must possess a valid certification as a Certified Cross-Connection Control Technician from the

American Society of Sanitary Engineering (ASSE), the American Backflow Prevention Association

(ABPA), or the Association of Boards of Certification (ABC), in conformance with requirements set forth by the Colorado Primary Drinking Water Regulations.

F. Services shall be provided in compliance with the following codes and standards at a minimum, but not limited to, and respective of latest updates and any other State, Federal or industry standard that is applicable:

Applicable U.S Dept. of Transportation (USDOT) 49 CFR regulations, as applied to inspection, test, and requalification of DOT containers used in fire suppression systems.

The National Fire Protection Association (NFPA), service and maintenance requirements for containers found in the following NFPA Standards (latest edition):

NFPA-1, Fire Code

NFPA-10 Standard for Portable Fire Extinguishers

NFPA 12, Standard on Carbon Dioxide Extinguishing Systems

NFPA-17, Standard for Dry Chemical Extinguishing Systems

NFPA-17A, Standard for Wet Chemical Extinguishing Systems

The National Fire Protection Association (NFPA), service and maintenance requirements for systems are found in the following NFPA Standards (latest edition):

NFPA-13, Standard on the Installation of Sprinkler Systems

NFPA-14, Standard for the Installation of Standpipes and Hose Systems

NFPA-16, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems http://dfs.state.co.us/

IFB-CM-16-001 13

NFPA-25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection

Systems

NFPA-70, National Electrical Code

NFPA-72, National Fire Alarm Code

NFPA-75, Standard for the Protection of Information Technology Equipment

NFPA-76, Standard for the Fire Protection of Telecommunications Facilities

NFPA-96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations

NFPA-99, Standard for Health Care Facilities

NFPA-101, Life Safety Code

NFPA-170, Standard for Fire Safety and Emergency Symbols

NFPA-232, Standard for the Protection of Records

NFPA 408, Standard for Aircraft Hand Portable Fire Extinguishers

NFPA-750, Standard on Water Mist Fire Protection Systems

NFPA-2001, Standard on Clean Agent Fire Extinguishing Systems

Applicable Compressed Gas Association (CGA) publications

ACTION: In its bid response, Bidder is to provide a statement it will comply with the requirements noted above. Bidder will provide its most current certification for meeting compliance with item 3.5.A.

above.

3.6 General Services Requirements.

Services. Services may include inspections and testing of the fire protection systems and the sale of fire extinguishers, inspection, testing, and recharging. Services for minor repairs of fire protection systems is allowable and for State Ordering Entities, up to the State’s fiscal purchase thresholds. An Ordering Entity will contact the awarded Contractor for a written price quote prior to scheduling service, based on the scope of required site services, and using the pricing options available on the posted award.

Conditions of Environment. Once the Contractor has made its initial service call to an Ordering Entities site, the Contractor is expected to become knowledgeable of the conditions of the fire protection systems and equipment, the locations, clientele, and procedures allowing access to individual buildings or areas of the agencies of the Ordering Entities. Some entities such as the Colo. Dept. of Corrections (CDOC), Colo.

Dept. of Human Services (CDHS), etc. may have additional work area requirements the Contractor must ensure compliance. (See IFB Section 3.13, Agency-Specific Service Requirements for additional information.)

Services labor shall be furnished with all necessary tools required to accomplish the work. Contractor shall be responsible for furnishing tools at no additional cost to the Ordering Entities. Tools furnished are those which would be carried by an adequately equipped service truck.

Upon completion of services and within 3 business days, the Contractor shall provide Ordering Entities with verification of inspection (certifications, as applicable), and an overview in the form of a standard report with checklist indicating what has been done and condition of the system inspected. The exception is tagging of portable (self-contained) fire extinguishers where tagging shall be immediate after the service is performed.

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Contractor shall also be responsible for maintaining an accurate record of the number of units, type, date and location of service for all systems serviced. If required by the local water and/or fire district, Contractor shall complete any special report(s) necessary.

Bidder is to provide a sample completed report for its standard service completion report and a completed special water district report. (Bidder may use a government’s actual report – State or Local – as a completed sample.)

3.7 Ordering and Delivery.

General Instructions for Products Submitted for Bid. Where brand name "or equivalent" is stated, Bidder may bid a substitute product that matches or exceeds the specifications of the brand listed. Equivalent items will be considered, provided descriptive literature and specifications accompany bid. Acceptability of equivalent items is at the sole determination of the State. The State may request that the Bidder submit industry comparisons to substantiate that a substitute product is equivalent. Additionally, the State may require a sample(s) for evaluation. The State reserves the right to make the final determination as to whether or not a substitute product is equivalent or better for its intended use.