Request for Proposals Division of Youth Services (DYS)_

- Colorado Youth Detention Continuum (CYDC)/Senate Bill 94 Program Fiscal Agent and CYDC Employer Services 17th Judicial District 2027000073 11/2/2026 Basic Information and Timeline

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Colorado Department of Human Services Solicitation Number: 2027000073 Division of Contracts and Procurement (v. 03/26) Page 8 of 19

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-three 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 17th Judicial District Juvenile Services Planning Committee to select a Fiscal Agent and CYDC Employer for the Fiscal Year 2026-27 (July 1, 2027 through June 30, 2028) Juvenile Services Plan for the 17th Judicial District. The 17th Judicial District is Adams County.

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.

Senate Bill 94 funds are currently allocated by 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 particular 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” instrument and the Colorado Juvenile Risk Assessment tool (Pre-Screen CJRA), 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/SB94 plans are reviewed and approved each year by DYS’s State CYDC/SB 94 Advisory Board (or the working group cited in 19.2-5.1404 ).

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

In 2008, CYDC/SB94 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/SB94 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.

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. The “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.

Senate Bill 19-108 required CYDC to review the JDSAG and recommend revisions for evidence-informed detention screening instrument. This new detention screen (CYDSI) was piloted in the fall of 2021 with a validation and full implementation statewide, February 2025.

Goals of this RFP:

The goal of this RFP is to select a qualified Offeror to serve as fiscal agent and formal employer for the 17th Judicial District CYDC Program. The 17th Judicial District JSPC is seeking a fiscal agent who will make a commitment and take action to:

Serve as the umbrella employer for authorized 17th Judicial District CYDC employees, and in that role provide supervision to and administrative oversight of CYDC employees consistent with and in cooperation with the expectations of the 17th Judicial District JSPC.

Work closely and cooperatively with the 17th Judicial District CYDC Coordinator, an employee, to ensure that service providers are expending funds in accordance with the written Juvenile Services Plan.

Work closely and cooperatively with the 17th Judicial District CYDC Coordinator to provide, in a timely manner, all requested fiscal information to the 17th Judicial District JSPC.

Comply with all Division of Youth Services requirements for CYDC contractors.

Overview of Required Services This RFP will be utilized to select a vendor to provide the following primary services:

1. Fiscal Agent. Fiscal agent services for the program include entering into a contract with the Division of Youth Services to receive and manage the CYDC/MTR funds allocated to the judicial district. Additional services include, but are not limited to, the following:

Developing subcontracts with the service providers selected by the 17th Judicial District Juvenile Services Planning Committee in conjunction with the fiscal agent.

Serve as the formal employer or of the 17th Judicial District CYDC Coordinator. Any additional CYDC employees designated by the Juvenile Services Planning Committee (JSPC) 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:

Recruitment, screening, and hiring of new employees Staff supervision Development of job descriptions Workload review (i.e., workload analyses and quality control) Performance planning and evaluation Career growth planning Staff discipline and appeals process

2. Provide adequate fiscal oversight of the CYDC contract awarded for alternative services in the 17th Judicial District, including quality assurance related to:

Managing the payroll of CYDC staff Providing monthly line itemized budget summaries and balances for the JSPC, Executive committee, the DYS, and staff Reconciling monthly billings for provider services submitted by staff and/or subcontractors Providing an annual audit report on CYDC functions to the JSPC which is conducted by an independent auditor or CPA Managing budget revisions approved by the JSPC

3. Provide a benefit package, including leave policies and administration, and insurance consistent with market conditions and the expectations of the Juvenile Services Planning Committee.

4. Provide liability insurance to include corporate, staff, and client (when appropriate) coverage.

5. Attend monthly JSPC meetings, quarterly executive committee meetings, and other planning meetings assigned by the JSPC.

6. Provide office space in the 17th Judicial District for staff, client visits, and program administration.

7. Additional CYDC staff hired by Fiscal Agent to include but not limited to:

a. Detention bed management staff

b. Clinical staff

c. Case Managers

d. Administrative staff

8. CYDC Coordinator. The CYDC Coordinator will provide general 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:

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

Preparing, submitting, and presenting the annual CYDC Plan (Plan) to the DYS.

Providing oversight of the implementation of the local CYDC Plan.

Ensuring that the Plan is implemented in accordance with the written plan.

Serving as the contact person for the local CYDC Program to the local Planning Committee, the Statewide SB 94/CYDC Advisory Board and the Division of Youth Services.

Receiving and disbursing all Senate Bill 94 information received from the Division of Youth Services or the Statewide SB 94/CYDC Advisory Board.

Reviewing and submitting billings for reimbursement submitted by contractors.

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

Collecting monthly reports from the subcontract service providers detailing outcomes Providing quarterly reports regarding performance based outcomes for review by the JSPC

10. Coordinating services delivered under the CYDC plan by staff or contractors, including:

The screening and referral function Monitoring and evaluating services provided by subcontractors Supervising staff hired for the tracking of youth Making recommendations to the court on services and supervision strategies Preparing an annual budget for approval by the JSPC Attending the annual CYDC conferences and workshops sponsored by the state DYS Managing the detention bed utilization in the 17th Judicial District Conducting quality assurance initiatives to ensure services and programs are meeting CYDC and local goals Ensuring the quality of client data entered in the CYDC Colorado TRAILS database Utilizing the Colorado Trails client database to prepare reports for the JSPC;

Other duties assigned/negotiated with the JSPC.

Funding: The exact amount of funds available to provide CYDC services in the 17th Judicial District for State Fiscal Year 2028 will not be known until February or March of 2028. However, it is estimated that the fiscal agent will be responsible for managing approximately $1,100.677.00 of CYDC/SB 94 funds and approximately $290,197.00 of Marijuana Revenue Funds The fiscal manager will be responsible for managing CYDC funds and Marijuana Tax Revenue Funds. Fiscal management fees may not exceed 10% of the allocated funds to the district.

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_2027.40z9z3og5ybkqaq7@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 2027000073 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 a 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 30 pages. The Department may evaluate proposals negatively if this page limit is not followed.

2. All acronyms in the proposal should be defined. Failure to provide the requested information may result in the disqualification of the proposal. Proposals that do not follow the sequence, outline, and response format of this RFP, may be deemed nonresponsive and disqualified from further consideration.

E. Proposal Content

1. Proposal Substance. Please answer or address the following questions or issues:

In this section DYS and the 17th Judicial District Juvenile Services Planning Committee describe information required by the proposal evaluation committee and the tasks/scope of work to be completed by the successful Offeror. Offerors should answer or address the following questions or issues:

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

Criteria

1. 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 if any.

2. 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 awarded vendor 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, vendor must be able to manage the cash flow issues that arise during the estimated two to three weeks between submission of bills and receipt of payment from the State.

Criteria

1. In your proposal discuss accounting and record keeping systems, fiscal safeguards, and accountability procedures that will be utilized to fiscally manage the 17th Judicial District CYDC Program.

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

C. Accounting Requirements for Independent Contractors are attached as Exhibit

Criteria All DYS contractors shall agree to comply with all of these fiscal requirements.

1. In your proposal discuss your company's ability to comply with all DYS accounting requirements listed in Exhibit A.

2. Provide a statement of acknowledgement of compliance with the DYS Accounting requirements.

D. Employment Services: The 17th Judicial District JSPC requires that the awarded vendor employ any CYDC employees that are authorized by the JSPC, and that the Offeror serve as the direct supervisor of the CYDC Coordinator, with the CYDC Coordinator serving as the direct supervisor of any and all 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 serving professionals in the Judicial District. awarded vendor will provide a process for documenting employee attendance and activity, assuring that full time employees are providing services to CYDC for 40 hours per week, or more if exempt from overtime consistent with the Fair Labor Standards Act., exclusive of authorized leave, and part-time employees are providing the appropriate pro-rated work hours. Salaries will be determined as part of the annual CYDC plan by the JSPC with input from the employing entity. The awarded vendor 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.

Criteria

1. 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.

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

3. Describe how you envision the relationship between your organization and the 17th Judicial District JSPC regarding employee selection and oversight.

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

5. Provide a range of costs for the benefits package you will offer employees 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, awarded vendor will have written agreements with providers regarding expected services, fees and billing requirements. The successful awarded vendor shall be responsible for working with the 17th 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 awarded vendor shall also work with the Coordinator to ensure that subcontractors are complying with their contractual obligations. Subcontracts shall include the following Department of Human Services, Division of Youth Services contract provisions for subcontractors:

The subcontractor shall abide by the terms and conditions of the DYS contract with the district CYDC fiscal agent.

The subcontractor shall indemnify and hold harmless the State.

Criteria 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.

1. 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. Several worksheets in the application are utilized to develop monthly billing statements. DYS provides training for contractors on how to use this application.

Criteria

1. Describe your agency’s willingness and ability to comply with this requirement. It is desirable that your agency have staff with experience working with Excel Workbook applications.

G. Background Checks: DYS contracts require that criminal background checks and urine screens be completed on newly hired staff that have contact with juveniles.

Criteria

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

H. Cost Proposal. Offerors should answer or address the following questions or issues:

Criteria

a. Budget:

1. Your proposal should to include costs associated with plan administration. The fiscal agent will manage CYDC funds and Marijuana Tax Revenue Funds.

2. CYDC plan administration costs cannot exceed 10% of the total budget. Administrative costs include proportional costs associated with the administration of CYDC:

1. Accounting

2. HR

3. Insurance Benefits of Staff

4. Rent for fiscal agent

5. Supplies and operating costs (rent, utilities, maintenance) that are associated with fiscal agent services.

6. Fees charged for management of HR and Accounting

7. The % of Coordinator FTE associated with plan administration (if any)

b. Budget Format: Use the following format to submit your proposed budget

· CYDC Plan Administration (Cannot exceed $139,087.40 Any proposed budget exceeding this amount may not be considered for award) This section includes the proposed cost for providing the services requested in this RFP (Offeror’s fee), as well as any anticipated operating costs. This section may also include the portion of the Coordinator’s salary $26,704) allocated to plan administration costs and $9,115 (admin costs to judicial)

Plan Administration Fee

Budget Narrative:

· MTR Plan Administration (Cannot exceed $30,273.00) At a minimum, this section should include the Offeror’s proposed cost for providing the services requested in this RFP (Offeror’s fee), as well as any anticipated operating costs. This must include $3,546 of Program Assistant support.

Plan Administration Fee

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 Exhibit D – CYDC/Senate Bill 94 Statutes Exhibit E – Type of Service Statement of Work SOW K. Signature Page The vendor must complete and submit the Signature Page along with the bid.

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