12th JD Fiscal Agent RFP for 26-27.docx

Request for Proposals The 12th Judicial District JSPC Fiscal Agent and General Contractor 2026000282 6/26/2026 Basic Information and Timeline

The Offeror will work closely with the 12th Judicial District CYDC Coordinator and JSPC to identify and contract with service providers who will serve youth involved with the CYDC in the 12th Judicial District. The Offeror will ensure that service utilization and the expenditure of funds are in accordance with the written Juvenile Services Plan and the fiscal requirements of the Colorado Division of Youth Services.

The Offeror will work with the 12th Judicial District CYDC Coordinator to ensure that required fiscal information is provided to the Division of Youth Services in a timely manner, and that the Offeror complies with all DYS and State of Colorado requirements for CYDC contractors.

made available, and other contractual requirements, if applicable, being satisfied.

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Colorado Department of Human Services Solicitation Number: 2026000282

Division of Contracts and Procurement (v. 03/26) Page 20 of 20

A. Quick Resources

1. For questions about this solicitation, contact the Single Point of Contact identified above.

2. For help with Vendor Self Service (ColoradoVSS), contact the Vendor Self Service Help Desk vsshelp@state.co.us or 303-866-6464.

3. For information about doing business with the state of Colorado generally, go to: https://osc.colorado.gov/spco/accesscolorado.

4. The Department is always interested in improving. Please take this survey at any time: https://docs.google.com/forms/d/e/1FAIpQLScIgv9lgrT3x5AGzcvT1xkvpucrRhhN5QJ23vLcbyfvc2smaw/viewform (We do actually read the responses)

B. Introduction and Background The mission of the Division of Youth Services (DYS) is to protect, restore and improve public safety through a continuum of services that effectively provides supervision of juvenile offenders; promotes accountability to victims and communities; and helps youth lead constructive lives through positive youth development. To achieve its mission, the Division of Youth Services adheres to the 5 Key Strategies, Seven Commitments, and the Division of Youth Services Colorado Model. These principles are utilized to drive the service provisions, guide decision making and provide a framework for the Division’s community activities, while modeling a set of shared values. These Seven Commitments (Non-violence; Emotional Intelligence; Social Learning; Democracy; Open Communication; Social Responsibility; Growth and Change) and Strategies (The Right Service at the Right Time; Quality Staff; Proven Practices; Safe Environments; Restorative Community Justice Principles) support the overall Vision of the Colorado Division of Youth Services (DYS).

Working with Colorado Communities to Achieve Justice The Division provides services for youthful offenders directly and contracts to purchase additional services. The Colorado Youth Detention Continuum (CYDC) (a.k.a. Senate Bill 94) Initiative is a statewide program administered by DYS to provide community-based detention services for juvenile offenders as part of the Colorado Juvenile Detention Continuum. Local CYDC Planning Committees in each of the twenty-two judicial districts develop juvenile services plans that provide for a variety of “community-based detention” services within their districts. This RFP was developed by DYS in conjunction with the 12th Judicial District Juvenile Services Planning Committee to select a Fiscal Agent and CYDC Employer for the Fiscal Year 2026-27 (July 1, 2026, through June 30, 2027) Juvenile Services Plan for the 12th Judicial District. The 12th Judicial District includes Alamosa, Ro Grande, Costilla, Conejos, Mineral, and Saguache counties.

Background of the CYDC Program Prior to the 1991 Session of the Legislature, the projections for future DYS populations indicated the need for approximately 500 additional secure placement beds. Discussions among the Executive Director of the Department of Institutions, Division of Youth Services Staff, Legislators and Joint Budget Committee Staff included the possibility of local options and early intervention as a viable alternative to building expensive state facilities. These discussions culminated in the development of Senate Bill 91-94 (CYDC/SB 94), which was introduced and adopted during the 1991 Legislative Session. The bill contained a provision that provided for the establishment of a Juvenile Services Fund that would distribute funds to local jurisdictions on or after July 1, 1993, based on a juvenile services plan developed by a local Juvenile Services Planning Committee. Plans were to include, but not be limited to, such services as intervention, treatment, supervision, lodging, assessment, bonding programs, and family services.

In 1995, a special committee composed of representatives of local planning committees, providers, and juvenile justice agency representatives, developed standardized procedures for detention screening and assessment. A “Juvenile Detention Screening and Assessment Guide” (JDSAG) was field-tested throughout the state. Based on this field test, revisions were made and the instrument was implemented statewide in January 1996. The detention screening instrument is designed for use at the time a youth is taken into custody and referred to secure detention, staff secure detention and CYDC/SB 94 funded alternatives to detention. The data collected from the screening and assessment instrument has provided useful profile information on juveniles served in each of these program types.

In 2003, SB 03-286 established a statutory limit of 479 detention beds statewide. The use of the Juvenile Detention Screening and Assessment Guide (JDSAG) was then made mandatory for all detention admissions. The statewide limit on detention is now 215 beds.

In 2008, CYDC/SB 94 introduced the use of the Colorado Juvenile Risk Assessment (CJRA) pre-screen. The CJRA pre-screen is required for all detention admissions and the use of the full assessment is discretionary.

In State Fiscal Year 2014 the General Assembly allocated $2 million in marijuana tax revenue funds through SB 14-215. These funds were allocated for the enhancement of CYDC/SB 94 services related to the Act. Marijuana Tax Revenue (MTR) funds may be used to fund traditional CYDC detention continuum services and may also be used to serve youth in municipal court, county court, truancy court, and youth who are on diversion.

Senate Bill 94 funds are currently allocated to each judicial district. The funds must be used to provide services that reduce admissions or length of stay of youth in State funded facilities. While each local juvenile services planning committee (JSPC) has the responsibility and freedom to develop a CYDC/SB 94 plan that meets the specific needs of its judicial district, there are services that are common to many judicial districts. Such services include detention screening and assessment utilizing the Colorado Youth Detention Screening Instrument, case management, tracking, electronic monitoring, work programs, multi-disciplinary assessment and case planning, mentoring, restorative justice activities, mental health and drug/alcohol services, and gender or ethnic specific programming. Local CYDC/SB 94 plans are reviewed and approved each year by the DYS State CYDC/SB 94 Advisory Board (or the working group cited in the CYDC/SB 94 legislation).

Overview of Required Services

This RFP will be utilized to select a vendor to provide the following services:

1. Fiscal Agent & General Contractor Fiscal agent services for the program include contracting with the State of Colorado, Division of Youth Services to receive and manage CYDC and MTR funds allocated to the Judicial District. The selected vendor will subcontract service providers to work with juveniles involved with CYDC in the 12th judicial district. Responsibilities include but are not limited to:

a. Developing subcontracts with the service providers selected by the 12th Judicial District Juvenile Services Planning Committee in conjunction with the fiscal agent.

b. Ensuring that all expenditures are deemed reasonable and in alignment with contractual expectations.

c. Ensuring that all subcontractors meet the requirements detailed in the contract with the Colorado Department of Human Services, Division of Youth Services.

d. Providing adequate fiscal oversight of the CYDC contract awarded in the 12th Judicial District, including quality assurance related to:

i. Managing the payroll of CYDC staff.

ii. Providing monthly line itemized budget summaries and balances for the JSPC, Executive committee, and staff.

iii. Reconciling monthly billings for provider services submitted by staff and/or subcontractors.

iv. Providing an annual audit report on CYDC functions to the JSPC which is conducted by an independent auditor or CPA, if the receipt of state funds exceeds $400,000 per fiscal year.

v. Managing budget revisions approved by the JSPC.

vi. Attending regularly scheduled JSPC meetings, quarterly executive committee meetings, and other planning meetings assigned by the JSPC.

2. Employment Services Formally employ the part-time 12th Judicial District CYDC Coordinator and the existing part-time Case Manager. Any additional CYDC employees designated by the Juvenile Services Planning Committee in its annual plan will be selected by the fiscal agent in collaboration with the JSPC when appropriate. Employer responsibilities of the fiscal agent include:

a. Supervision of the CYDC Coordinator The CYDC Coordinator provides programmatic oversight of the implementation of the CYDC Plan and will be supervised by the Fiscal Agent. The CYDC Coordinator is responsible for the following:

i. Staffing the JSPC full committee, executive committee and other meetings as required.

ii. Preparing, submitting, and presenting the annual CYDC plan to the JSPC, then to DYS.

iii. Oversight of the local CYDC Plan implementation.

iv. Serving as the contact person for the local CYDC Program to the local Planning Committee, the Statewide CYDC Advisory Board and the Division of Youth Services.

v. Receiving and disbursing all CYDC information received from the Division of Youth Services or the Statewide CYDC Advisory Board.

vi. Ensuring that all required screening assessments (CYDSI and CJRA) are completed on all youth eligible for admission to detention at the Pueblo Youth Services Center (or alternative detention center, if necessary).

vii. Liaising between the courts and detention centers.

viii. Detention bed management for the 12th Judicial District.

ix. Reviewing and submitting billings for reimbursement submitted by contractors.

x. Ensuring appropriate performance-based outcomes are established for any subcontract service providers.

xi. Coordinating and monitoring all services provided by or funded by CYDC, including providing quarterly reports regarding the outcomes to the JSPC.

xii. Preparing an annual budget for approval by the JSPC.

xiii. Attending the annual CYDC conferences and workshops sponsored by DYS.

xiv. Ensuring the quality of client data entered in the CYDC Colorado TRAILS database.

xv. Utilizing the Colorado Trails client database and/or other relevant acceptable databases to prepare reports for the JSPC.

xvi. Utilizing the CYDC budget management system for billing, tracking, and service authorizations per client.

xvii. Completing any additional database or reporting requirements deemed necessary by DYS.

xviii. Other duties assigned / approved by the JSPC.

b. Recruitment, screening, hiring of new employees.

c. Staff supervision.

d. Development of job descriptions.

e. Workload review (i.e., workload analysis and quality control).

f. Performance planning and evaluation.

g. Career growth planning.

h. Staff discipline and appeals process.

i. Providing a benefit package, including leave policies and health insurance consistent with market conditions and the expectations of the Juvenile Services Planning Committee.

j. Providing liability insurance to include corporate, staff, and client (when appropriate) coverage.

k. Attending regularly scheduled JSPC meetings, quarterly executive committee meetings, and other planning meetings assigned by the JSPC.

l. Providing office space in the 12th Judicial District for staff, client visits, and program administration.

The exact amount of funds available to provide CYDC services for the full year in the 12th Judicial District for FY 2027 is $143,621.00 in CYDC funds, and $18,790.00 in Marijuana Tax Revenue (MTR) funds. However, these amounts will be reduced for this contract for the 2026-2027 fiscal year due to the appropriation being partially expended before the contract start date of this award. It is estimated that the fiscal manager will be responsible for managing approximately $138,000.00 ($120,000.00 CYDC Funds, and $18,000.00 MTR Funds) for the remainder of the 2026-2027 fiscal year.

C. How to Submit a Proposal

1. In General. Email the proposal, Signature Page, and any other required documents in one zip file as an attachment to this email address: JG_2026.owficvn666bthrto@u.box.com . Please be aware of email server file size limitations. The maximum file size the Department can accept is 15 GB.

2. Only Attachments. Only the zip file goes through. The Department cannot see any text or messages sent to the email address identified above. Written questions may be emailed to the Single Point of Contact.

3. File Names. The zip file name should start with the solicitation type, solicitation number, and vendor name (e.g., “RFP 2026000282 Vendor Name…”). Vendors may include additional information in the zip file name.

4. Timing. The zip file typically uploads within five minutes; however, vendors should submit zip files at least thirty minutes prior to any deadline to ensure the file is received.

5. Confirmation. Vendors will receive an email confirmation from box.com that the zip file was uploaded correctly. If not, please contact the Single Point of Contact.

6. No Encryption. Do not encrypt emails sent to the submission email as it may prevent full submission.

7. Pre-bid Conference. There will not be pre-bid conference.

8. Questions. Vendors may submit questions by email to the Single Point of Contact prior to the Questions Due Date identified in the Basic Information and Timeline above. The Department may answer some, all, or none of the questions asked by posting them publicly.

9. Late Proposals will not be accepted unless specifically allowed by rule and at the Department’s sole discretion.

D. Proposal Format

1. Maximum Length. Proposals should not exceed 50 pages. The Department may evaluate proposals negatively if this page limit is not followed.

E. Proposal Content

Respond to the requirements in the same sequence as outlined in this section, and restate the requirement followed by your response. Proposals that do not follow the sequence, outline, and response format of this RFP may be deemed nonresponsive and disqualified from further consideration.

A. Company Overview and Relevant Business Experience: DYS and the Planning Committee are seeking an Offeror who has significant experience, expertise, and capacity to successfully complete the tasks described below.

1. Criteria: The following will be evaluated as part of your response

i. Provide an overview of your company, its capabilities, and experience in providing fiscal management or other services within the juvenile justice system, including services provided for local CYDC programs. This overview shall include an outcome history that summarizes the offeror’s proficiency in providing fiscal management and other services within the juvenile justice system, including services provided for local CYDC programs.

ii. Provide a list with names, titles and qualifications for all staff that will provide the services described in this RFP.

B. Overall Fiscal Management of the CYDC Program: The successful offeror must demonstrate the ability to have and maintain accounting and record keeping systems to accurately and efficiently track CYDC expenditures. As CYDC contracts contain reimbursement provisions for actual monthly expenditures, offerors must be able to manage the cash flow issues that arise during the estimated two to three weeks between submission of bills and payroll expenses, and the receipt of payment from the State.

1. Criteria: The following will be evaluated as part of your response

i. In your proposal discuss accounting and record keeping systems, fiscal safeguards, and accountability procedures that will be utilized to fiscally manage the 12th Judicial District CYDC Program.

ii. Describe how your company will manage the cash flow issues that may occur from the reimbursement type contract described above.

C. Compliance with DYS Accounting Requirements for Contractors: DYS Accounting Requirements for Independent Contractors (Exhibit A). All DYS contractors should agree to comply with all these fiscal requirements.

1. Criteria: The following will be evaluated as part of your response

i. In your proposal discuss your company’s ability to comply with all the DYS accounting requirements listed in Exhibit A.

D. Employment Services: The 12th Judicial District JSPC requires that the Offeror employ 2 half-time CYDC employees that are authorized by the JSPC - a half time Coordinator and a half-time Case Manager. The Offeror will serve as the direct supervisor of the CYDC Coordinator, with the CYDC Coordinator serving as the direct supervisor of the Case Manager and any other authorized CYDC employees. Employee performance will be evaluated in writing at least annually using a format that includes feedback from users of CYDC services, JSPC members, and other juvenile service professionals in the Judicial District. Offeror will provide a process for documenting employee attendance and activity, assuring that employees are providing the appropriate prorated work hours. Salaries will be determined as part of the annual CYDC plan by the JSPC with input from the employing entity, and the Offeror will be expected to pay existing staff at their existing salaries upon execution of the contract. The Offeror will provide and utilize written human resources management policies that will include annual sick and vacation earning and use; employee selection, disciplinary and termination, performance evaluation; and other related topics. The Offeror will ensure new employee orientation and training, and the ongoing training needs of hired staff, annually.

1. Criteria: The following will be evaluated as part of your response

i. In your proposal, include a detailed description of your experience as an employer, including the number and types of employees you are responsible for now and any similar responsibilities you have had in the past.

ii. Discuss your process for ensuring that employees are trained and providing the services required effectively and efficiently.

iii. Describe how you envision the relationship between your organization and the 12th Judicial District JSPC regarding employee selection and oversight.

iv. Provide a copy of your Human Resources policies and procedures, including time keeping, benefit package, disciplinary, and performance evaluation.

E. Develop and Execute Subcontracts with Service Providers: DYS and the JSPC require written contracts between the fiscal agent and local service providers who are being compensated with CYDC funds except when services are being purchased individually per youth or family using budgeted “flexible funds.” When services are purchased using flexible funds, Offeror will have written agreements with providers regarding expected services, fees, and billing requirements.

The successful Offeror will be responsible for working with the 12th Judicial District CYDC Coordinator to develop and execute subcontracts (or Memorandums of Understanding when appropriate) with service providers not employed by the CYDC Program. The successful Offeror must also work with the CYDC Coordinator to ensure that subcontractors are complying with their contractual obligations. Subcontractors must abide by the same terms and conditions of the DYS contract with the selected CYDC fiscal agent.

The 12th Judicial District maintains an agreement with the Monte Vista Police Department for the use of a room in their administration area for Temporary Holding of juveniles. This agreement employs a private security company on an as needed basis. The availability of Temporary Holding is crucial to the CYDC program in the 12th Judicial District.

1. Criteria: The following will be evaluated as part of your response

i. In your proposal describe how subcontracts will be developed, how you would plan to work with the CYDC Coordinator and Planning Committee to monitor contract compliance of subcontractors.

ii. In your proposal, describe how you will maintain the agreement for Temporary Holding and how you will transition other long standing local providers from working with the local probation department to working with your agency and systems for contracting services, billing, etc. Also describe how you will ensure continuity of services in a small community that has worked with the same fiscal agent for many years.

iii. Describe any previous experience you have in developing and monitoring contract compliance of subcontractors.

F. DYS Billing Requirements: DYS requires that CYDC contractors utilize a standardized budget development and tracking system developed specifically for the CYDC program. The system is a SAVIO database application. All components of the CYDC Plan, budget, and billing are captured in the database. The database application shall be utilized to develop monthly billing statements. DYS provides training for contractors on how to use this application.

1. Criteria: The following will be evaluated as part of your response

i. Describe your agency’s willingness and ability to comply with this requirement. It is desirable that your agency has staff with experience working with database applications.

G. Background Checks: DYS contracts require that criminal background checks (CBI, FBI, and BIU) and urine screens (if required) be completed on newly hired staff and contracted service providers providing direct care to juveniles. For the 12th Judicial District CYDC program, these checks are initiated with and coordinated by the DYS Southern Region Office.

1. Criteria: The following will be evaluated as part of your response

i. Describe how your agency will comply with this DYS contractual requirement.

H. Cost. Please answer or address the following questions or issues:

1. Budget:

Your proposal should include budgets that reflect the funds requested to provide fiscal management and employment services. Budgets may be submitted using the format below, the attached Budget E – CYDC Budget Proposal, or another format of your choosing as long as it reflects the services outlined in the proposal and only includes those budget categories that are needed to provide the services.

The fiscal agent will manage approximately $138,000.00 ($120,000.00 CYDC Funds, and $18,000.00 MTR Funds) for the remainder of the 2026-2027 fiscal year after the contract start date (9 months). (The allocation will be slightly larger in subsequent years). Costs for fulfilling the requirements of the contract cannot exceed more than 10% of each allocation and should include the amounts to be charged for any fiscal agent personnel (not including the Coordinator and any other CYDC staff), and any operating expenses associated with fulfilling the contract.

Your budget may include any explanation that you think is needed for proposal review committee members to understand your budget items.

2. Copy the following budget formats and utilize it to prepare your budgets.

TOTAL CYDC $

BUDGET NARRATIVE:

BUDGET NARRATIVE:

F. Demographic Form

1. In an effort to best comply with Colorado Procurement Code rule R-24-103-901 re maximizing opportunities, we like to gather certain voluntary demographic information from potential vendors where possible. This is entirely voluntary and does not affect an organization’s application/proposal/quote/bid or contract whatsoever in any way. It is not taken into consideration in this procurement process or reviewed by evaluators in this process. The information gathered is submitted directly to a data gathering team at CDHS who provide general statistics on outcomes and trends to CDHS Contracts & Procurement leadership on approximately a quarterly basis so that this leadership can look for ways to generally and overall maximize opportunities as described in the Code. Please fill out the following form regarding your organization’s demographic information if and to whatever extent you are willing. This is again entirely voluntary and has no impact on your potential work for the State: https://app.smartsheet.com/b/form/219f6db8803b4994afb9bf70e84fa421 G. How Proposals are Evaluated

1. In General. The Department will identify the proposal(s) most advantageous to the State through an objective and competitive process. A committee will review all acceptable proposals and may request more information or clarifications from any vendor. The committee will then recommend one or more proposals for award. The Single Point of Contact will notify all vendors of the final decision.

2. Mandatory Criteria. The Department may identify mandatory criteria. However, the Department reserves the right to waive mandatory requirements pursuant to Rule 24-103-301-03.

3. Evaluation Factors. The Department may evaluate proposals based on the information requested or referenced in the proposal content section, or as noted throughout the solicitation.

4. References. The Department may contact references, whether provided or not, and also consider them as part of the evaluation.

5. Standard Contracting Terms. Vendors must submit any requested changes to the attached standard CDHS Contract/PO terms and conditions and exhibits ("State Agreement Pieces") in redline with their submission. These terms are difficult to modify and the State does not guarantee acceptance of any changes, even after a notice of intent to award. Requested modifications increase risk and cost to the State, which may negatively impact any evaluation or award. Changes also significantly delay contract execution, as approvals are required from multiple State agencies (e.g., DPA, AG, OIT, CDHS). If no exceptions are noted, the Vendor accepts the State's terms as-is. A notice of intent to award does not imply acceptance of any proposed changes.

H. Ethics and Accessibility

1. Any person involved in the purchasing process for the State, any end users of such goods and services, any vendor or contractor that does business with the state, and any other interested third parties to the procurement process shall enhance the proficiency and stature of the purchasing process by adhering to the highest standards of ethical behavior.

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

I. Administrative Information

1. Communication. All communication regarding this solicitation must be done through the Single Point of Contact identified above. Unauthorized contact with any Department personnel other than the Single Point of Contact regarding this solicitation is prohibited and may result in disqualification.

2. Notices. The Department may modify this solicitation by posting changes via the Colorado VSS website. All communications will be posted on the VSS, www.colorado.gov/vss , and/or through a direct email from the Single Point of Contact.

3. Modifications of Proposals. Proposals may be modified or withdrawn by the vendor prior to the established proposal due date and time.

4. Public Opening. On the date and time shown above, the Department will hold a public opening pursuant to Rule 24-103-201-13. Vendors may request an accommodation to attend the public opening from the Department.

5. Presentations or Site Visits. At the Department’s sole discretion, the Department may request presentations or site visits. Vendors should not, however, prepare the proposal with the assumption that an opportunity for oral presentations or revisions will be offered.

6. Acceptance of solicitation terms. A proposal submitted in response to this solicitation shall constitute a binding offer and acknowledgment that all terms and conditions of this solicitation are accepted. Vendors must identify any variations between its proposal and the solicitation. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance.

7. Contract. Vendors must agree to the State’s contract terms, found here: https://cdhs.colorado.gov/procurement or as an exhibit to this solicitation. Please note that any referenced or attached model contract lists the State’s standard required legal provisions but may not include the specific scope of work and other specific terms or requirements for this solicitation. Vendors must review any attached contract terms and note any exceptions. If no exceptions are noted, Vendor is indicating an intent to accept the terms as-is. Modifications to the State’s contract terms constitute increased risk and costs to the State. Therefore, Vendor’s noted exceptions may be considered in any evaluation.

8. Award. The Department will notify all vendors who submitted a proposal when it issues a Notice of Intent to Award. The awarded vendor(s) must act in good faith to execute an agreement on or before the Anticipated Contract Start Date identified above. If this date is not met, through no fault of the State, the State, at its sole discretion, may cancel the Notice of Intent to Award.

9. Protests. Any actual or prospective vendor who is aggrieved in connection with the solicitation or award of a contract may protest to Lauren Ingalls (email to lauren.ingalls@state.co.us), Procurement Director, Division of Contracts and Procurement, Department of Human Services. The protest shall be submitted in writing within ten business days after such aggrieved person knows, or should have known, of the facts giving rise thereto.

10. CORE Registration. Unless otherwise noted, before the Department can award to any vendor, that vendor must be registered in CORE, which can be completed through Vendor Self Service at www.colorado.gov/vss.

11. EFT. Awarded vendors are encouraged to sign up for EFT transfers.

12. Secretary of State Registration. Before Contract execution, the awarded vendor must be registered to do business in the State of Colorado. If a vendor is a foreign corporation (formed under a statute or common law in a jurisdiction other than Colorado) or other foreign entity transacting business in the State of Colorado, it shall warrant that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process.

13. System for Award Management. Before Contract execution, the awarded vendor(s) must be registered with the System for Award Management (SAM.gov).

14. Confidentiality. The State of Colorado is subject to the requirements of §24-72-200.1, C.R.S., et seq., Colorado Open Records Act. Anything submitted by a vendor is likely to become public information. Vendors may submit, as a part of its solicitation response, a written request for classification of certain portions of the proposal as confidential information pursuant to Colorado Procurement Code R-24-101-401-03. Material for which confidentiality has been requested shall be readily identifiable and separable from other portions of the solicitation to facilitate public inspection of the non-confidential portion of the solicitation response, if it is not, the confidentiality request will not be considered. Commingling of confidential and non-confidential information is not acceptable and any confidentiality request made in this fashion will not be considered. In no event shall an entire proposal be classified as confidential. Marking an entire proposal as confidential is a confidentiality request that will not be considered. Price information will not be considered confidential. In addition to complying with the aforementioned restrictions, in order for the confidentiality request to be considered, the vendor must include the rationale for the request to classify portions as confidential, as specified in the Colorado Procurement Code R-24-101-401-03, specifying by line which section of §24-72-204, C.R.S. is the purported authority for the requested confidentiality determination ("Confidentiality Request Justification"). The confidentiality request shall also include both a proposed redacted version and an unredacted version of the submission. The Procurement Official or his or her designee shall determine if the information identified in the Offeror’s request is exempt from disclosure in accordance with §24-72-204, C.R.S., and shall inform the Offeror in writing of his or her determination. If the Offeror does not agree with the determination, the Offeror 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. A confidentiality request, even if granted, will not render any potential later mutually-negotiated contract terms confidential, as such a resulting contract would be a matter of public record.

15. Background Checks. Pursuant to C.R.S. §27-90-111 and Department policy, any vendor, and its agent(s), who has direct contact with vulnerable persons in a state-operated facility, or who provides state-funded services that involve direct contact with vulnerable persons in the vulnerable person’s home or residence, shall:

i. submit to and successfully pass a criminal background check, and

ii. report any arrests, charges, or summonses for any disqualifying offense as specified by C.R.S. §27-90-111 to the Department.

16. Proposal Prices. Estimated proposal prices are not acceptable. Best and final offers may be considered in determining the apparent successful vendor. Proposals shall be firm for a period of not less than 180 calendar days from the date of award.

17. Cancellation. A solicitation may be cancelled only when there are cogent and compelling reasons to believe that the cancellation of the solicitation is in the state's best interest. An award of a contract under a solicitation may be cancelled, in whole or in part, when the procurement official determines in writing that such action is in the state's best interest.

18. Costs. The Department is not liable for any cost incurred by vendors prior to any formal contract, purchase order, or other agreement. No property interest of any nature shall occur until a contract is signed by all concerned parties.

19. Proposal Rejection. The Department may reject a proposal, waive informalities, and minor irregularities, or accept any portion.

20. Tax ID. Any tax identification number provided must be that of the vendor responding to the solicitation. The vendor must be a legal entity with the legal right to contract.

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

22. 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 vendor 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.

23. E-Verify. Vendors must participate in the federal E-Verify program or the Colorado Department of Labor and Employment Program as required by C.R.S. §8-17.5-101.

24. Services Outside of Colorado or the United States. Vendors must disclose services performed outside of Colorado or the United States as required by C.R.S. §24-102-206.

25. Notice to NonResident Bidders. If a nonresident vendor is from a state that provides a bidding preference to vendors from that state, then a comparable percentage disadvantage will be applied to the bid of that nonresident vendor pursuant to C.R.S. §24-103-908. The vendor may obtain additional information from the department of personnel's website.

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J. Exhibit List

Exhibit A – DYS Accounting Requirements Exhibit B – Sample State Contract Exhibit C – HIPAA Business Associate Agreement Exhibit D – CYDC/Senate Bill 94 Statutes Exhibit E – CYDC Budget Proposal

K. Signature Page The vendor must complete and submit the Signature Page along with the bid.

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