11. Attachment 3 - Administrative Information.pdf

ATTACHMENT 3

ADMINISTRATIVE INFORMAITON

COLORADO DEPARTMENT OF CORRECTIONS.

1. ADMINITRATIVE INFORMATION

A. Security Provisions:

i. Upon notification of award or full contract execution, the Contractor shall immediately initiate and expedite all these CDOC Enhanced Criminal Background Investigation (background check/fingerprint) requirements. Failure to complete this process within 30 days, or any Contractor-responsible delays that impede completion of this process allowing for performance or services delivery, may trigger (CDOC or state contract rule procedure), including a formal demand to cure or contract termination. Contractor may be given additional consideration by CDOC for extenuating circumstance or delays on a case-by-case determination

ii. All Contractor personnel responsible for delivering goods and providing services to CDOC may be required to complete a criminal history check, background screening, fingerprinting, and drug testing conducted by CDOC.

Additionally, CDOC reserves the right to verify your employment history, any disciplinary actions, educational credentials, and professional licenses.

iii. The Colorado Revised Statute (C.R.S.) §27-90-111 may apply in specific situations.

iv. All Contractor personnel who come onto CDOC property who perform services shall be required to sign a “Consent to Search Authorization” form before CDOC shall permit access to any correctional facility.

a. Only the individual who has provided consent for the search is permitted.

b. Pets are not permitted in vehicles on State property,

c. Alcohol and drugs are prohibited in vehicles on State property,

d. Firearms are not allowed in vehicles on State property.

B. 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.

C. 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.

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

E. Accessibility Requirements. All work performed as a result of this solicitation must comply with all applicable provisions of §24-85-101, of the Colorado Revised Statutes (C.R.S.), et seq., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology (OIT) pursuant to

§24-85-103 (2.5), C.R.S. and 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.

i. https://oit.colorado.gov/standards-policies-guides/technical-standards-policies

F. CORE Registration. Unless otherwise noted, before the Department can execute a contract for any Bidder, that Bidder must be registered in CORE, which can be completed through Vendor Self Service at www.colorado.gov/vss.

G. Electronic Funds Transfers (EFT). Awarded Bidders are encouraged to sign up for

EFT.

H. News Releases. Bidders may not issue any news releases pertaining to this solicitation without the Department’s prior written approval.

I. Taxes. The Department is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all state and local government use taxes C.R.S. §39-26-114(a). The Colorado State and Local Sales Tax Exemption Number is 98-02565. When materials are purchased in certain political subdivisions (for example - City of Denver), the Bidder may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

J. Protests. Any actual or prospective Bidder who are aggrieved in connection with the solicitation or award of a contract may protest to the Single Point of Contact listed in the Schedule of Activities section and Tina Fay (email to tina.m.fay@state.co.us) , CDOC Associate Director of Procurement. The protest shall be submitted in writing within ten business days after such an aggrieved person knows, or should have known, of the facts giving rise thereto.

K. Exceptions to State of Colorado Terms and Conditions. The standard terms and conditions in the State Personal Services Contract shall govern this procurement and are hereby incorporated by reference. Bidders must submit any requested changes to the state’s contract template in redline format with their Quote. Please note that the section of the Contract identified as the Colorado Special Provisions are considered non-negotiable.

i. The state does not agree to accept any requested changes to the state’s contract template and will only consider changes proposed by potential Bidders. While the state will work with a potential Bidder on requested changes, none are guaranteed. Additionally, Bidders are cautioned that modifications to any of the provisions in the CDOC Personal Services Contract Template as well as other standard state Exhibits are considered to constitute an increased risk as well as increased costs to the State. Therefore, Bidder’s noted exceptions may be considered in any evaluation.

a. Any changes requested to the Model Purchase Order Terms and Conditions or Exhibits accompanying this solicitation will constitute an increased timeline to contract execution as approvals may need to be obtained by multiple State Agencies (e.g., Department of Personnel and Administration, Attorney General, Colorado Department of Early Childhood, etc.).

Therefore, any requested changes will take several weeks to review.

b. If no exceptions are noted, Bidder indicates their intent to accept the State

2. DEFINITIONS, TERMS, AND ACRONYMS

A. AR means administrative regulation.

B. Awarded Contractor/Vendor/Bidder/Respondent means the Bidder whose Quote the CDOC determines to be most advantageous and is approved and accepted by CDOC which enables CDOC to undertake a Contract with the Contractor for the purchase of the services or goods or both.

C. Bidder means any organization or individual submitting a Quote in response to a Request for Quote (RFQ) solicitation. More generally to mean any organization or individual submitting an offer, Quote in response to any type of procurement solicitation. Same as Bidder, Vendor, or Respondent.

D. Business Day means any day in which the State is open and conducting business, but shall not include Saturday or Sunday or any day on which the State observes the holidays listed in §24-11-101(1), C.R.S.

E. CDOC means Colorado Department of Corrections or State.

F. Chief Procurement Officer means the individual to whom the Executive Director has delegated his or her authority pursuant to §24-102-202, C.R.S. to procure or supervise the procurement of all supplies and services needed by the State.

G. CJI means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation all information defined as criminal justice information by the U.S. Department of adjustment, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as defined under C.R.S.

24-72-302.

H. Contract means any type of state Agreement, regardless of what it may be called (purchase order, Agreement, contract, etc.), between a governmental body and a contractor, where the principal purpose is to acquire supplies, services, or construction or to dispose of supplies for the direct benefit of a governmental body.

“Contract” includes commitment vouchers as described in §24-30-202 C.R.S.

I. Contract Funds means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under Contract.

J. Contractor means any organization or individual that seeks to provide or is already providing goods or services. Often synonymous with selected, successful, or awarded Bidder, Bidder, or Vendor.

K. CORA means Colorado Open Records Act, §24-72-200.1 et seq., C.R.S.

L. C.R.S. means Colorado Revised Statutes as amended.

M. Data Sharing Agreement means a formal contract that details what is being shared and the appropriate use for the data.

N. HIPAA means Health Information Portability and Accountability Act.

O. Offender means member of the CDOC inmate population (including YOS).

P. OIT means Office of Information Technology.

Q. PHI means any protected health information, including, without limitation any information whether oral or recorded in any form or medium: (i) that relates to the past, present, or future physical or mental condition of any individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to any information defined as Individually Identifiable Health Information by the Federal Health Insurance Portability and Accountability Act.

R. PII means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in C.R.S. §24-72-501 and §24-73-101.

S. PREA means Prison Rape Elimination Act.

T. Quote means an offer in response to a Request for Quote (RFQ) solicitation.

U. RFQ means Request for Quote, a procurement solicitation that seeks offers from organizations or individuals to perform the scope of work or provide goods as defined in the RFQ. An RFQ is issued with the intent of selecting the most advantageous Quote, making an award to that Bidder(s) and entering into a Contract. Award selection is based on multiple factors; price being one, but sometimes price may not be the critical factor.

V. SDVOSB means Service-Disabled Veteran-Owned Small Business Participation.

W. Solicitation means a document issued by a prospective buyer that requests competitive offers from organizations or individuals to sell the goods or services or both that are specified in the document. A solicitation typically results in an award of a Contract or Purchase Order for the goods or services based on an award methodology defined in the solicitation. Types of solicitations issues by the State of Colorado agencies include: Request for Quotes (RFQ), Invitation for Bid (IFB), Documented Quote (DQ).

X. State Confidential Information means any State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach or any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information.

Y. State Fiscal Rules means those fiscal rules promulgated by the Colorado State Controller pursuant to C.R.S. §24-30-202(13)(a).

Z. State Fiscal Year means a twelve (12) month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year.

AA. State Records means any State data, information, and records, regardless or physical form, including, but not limited to, information subject to disclosure under CORA.

BB. Subcontractor means a Bidder selected by the Contractor that enters into a contractual relationship with the primary Contractor to carry out the project as a result of the solicitation.

CC. VSS means the State of Colorado’s Vendor Self-Service System website located at www.colorado.gov/vss. All solicitations published by State agencies and institutions are published on VSS, unless specific entities have been granted to opt out of the program. Bidders have access to this website.

DD. YOS means Youthful Offender System within the Colorado Department of Corrections, Division of Adult Parole, Community Corrections, and Youthful Offender System.