2017_DQ_DOR 17017-Tax Booklets Final v2.pdf

Issue Date: April 26, 2017 Updated: May 8, 2017

Quote Due Date/Time: May 8, 2017, at 2:30: PM, MT* May 16, 2017, at 2:30 PM, MT

Direct Inquiries To: April Carlson Phone: 303-205-8403 Email: april.carlson@state.co.us

Deadline for vendor inquiries: May 1, 2017 10:30 AM

Quote Submission: Colorado Department of Revenue Purchasing and Contracts Services Division Attn: April Carlson **Email: april.carlson@state.co.us Address 1375 Sherman Street Room 336, Denver, CO 80203

Vendors: Check the Vendor Self Service System (VSS) at: https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService for any updates or modifications. In the event that it becomes necessary to revise any part of this Documented Quote, a modification notice will be posted on VSS. It is very important that vendors check VSS on a regular basis, as this is the sole method for communicating any changes. Modifications published on the VSS system take precedence over information in this Documented Quote.

Because of the limited competition expected from VSS vendors on this solicitation, the procuring agency intends to use both VSS and additional methods of vendor notification and may make the specifications available to non-registered vendors through additional means. However, quotes, bids, or offers submitted by non-registered VSS vendors will not be opened or considered (except as necessary to determine registration status) unless, after examination of quotes, bids, or offers submitted by VSS registered vendors, it is determined that there is not adequate competition among VSS registered vendors. If adequate competition (as defined in Colorado Procurement Rule R-24-103-101-01) exists among registered vendors, quotes, bids, or offers from non-registered vendors will not be considered. A vendor is considered registered if its registration is received in VSS prior to the solicitation opening date and time.

*While a minimum of 3 business days will be allowed for vendors to respond, the Department of Revenue (“Department” and/or “State”) may then, in its discretion, award upon a determination of adequate competition (minimum of 3 viable responses).

Purchasing and Contract Services Division Documented Quote # DOR17017/Tax Booklets https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService

**Physical copies are preferred. Documented Quote Number must appear on outside of package and in the subject line of email. Note that the Documented Quote Confirmation of Offer Page must be signed with your bid response.

There will be no scheduled public bid opening. Late responses and/or responses received following a determination of adequate competition may not be accepted by the Department. After bids have been evaluated a notice of the award will be posted on the VSS system.

A. Overview / Introduction

The State of Colorado, Department of Revenue (“Department” and/or “State”) is seeking bids for the purchase of the publication and delivery of annual tax booklets.

B. Administrative Information

1. Term of Award The resulting award will be for a period of one (1) year, from July 1, 2017 through June 30, 2018 with the option to renew for four (4) additional one-year periods at the sole discretion of the State.

The State is not responsible for any goods delivered or services performed by the vendor without a State issued purchase order or contract. The State reserves the right to add additional goods/services that would be a natural extension of this procurement.

2. Pricing Pricing will be firm for the initial term of the award. Price increases may, in the State’s discretion, be allowed per extension year. If requesting a price increase, vendor must submit a written request for price increase, along with justification, to the above listed purchasing agent thirty (30) calendar days prior to the current end date. In the event the prices have decreased, this decrease shall be immediately extended by the vendor to the State.

Unless otherwise specified, pricing/costs must be inclusive of administrative support, supplies, offices supplies, pagers, cell phones, parking fees, meals, lodging, rents, mileage, travel expenses, training, after hours or weekend time, insurance, use of subcontractors, overhead, profit, and costs for all other items consumed, utilized, and/or required by vendor’s staff or subcontractor’s staff.

Total costs proposed will be used in the evaluation of the vendor’s response. All hardware and software deemed necessary by the vendor shall also be included in the proposed costs. Items or costs not identified in the vendor’s pricing proposal will be the sole responsibility of the vendor.

3. Evaluation and Award The State may determine whether or not a response meets the State’s needs and pricing is fair and reasonable. The State may negotiate with vendor(s) to make response(s) acceptable. The State reserves the right to negotiate with any vendor to clarify its quote or to effect modifications that will: make the quote acceptable or make the quote more advantageous to the State. The State shall not disclose competing vendor quote information.

Award will be to the vendor whose response is most advantageous to the State, price/cost being the primary consideration. Other considerations may include, but may not be limited to:

experience/qualifications of vendors, past performance and delivery. The determination of whether the bid is acceptable and meets the minimum requirements of the Documented Quote is solely within the discretion of the Department. No formal evaluation system or methodology is required for any documented quote process.

Samples of paper and inks are required when submitting a bid. These samples will be part of the bid and will not be returned once an award is made. These samples will be mailed along with the bid to:

Colorado Department of Revenue Attn: April Carlson, DQ DOR17017 Tax Booklets 1375 Sherman St., Rm 336 Denver, CO 80203

The Department prefers to award to a single vendor; however, the Department reserves the right to make multiple awards from this Documented Quote if in the best interest of the Department.

The State will issue a purchase order or contract to the awarded vendor after award. A new purchase order or contract may be issued by the State for renewal periods.

C. Description of Goods and Services

BOOKLETS SPECIFICATIONS

The following specifications will be common to all booklets:

Page size: 8-1/2" x 11", open size 11"x 17" Stock: Instruction pages -35# Abitibi 80 White (or equivalent) Forms Pages: White 50 # No.3 White Offset (or equivalent) Ink: Black Binding: Saddle stitch Perforations: All forms contained in the booklets must be perforated vertically, 1/4" to 1/2" from binding. Forms when detached will be 8" x 11" to 8-1/4" x 11". A deep perforation must be used for easy tear-out.

NOTE: Vendors may choose to quote on only one paper type. If this is the case, paper must be White 50# No.3 White Offset (or equivalent).

Other specifications such as quantities, number of pages, perforations and additional or different PMS colors will be noted with each individual booklet specification.

All booklets/artwork will be furnished by Forms Department.

Item 1: Book 104 COLORADO INCOME TAX FORMS AND INSTRUCTIONS FOR 2017 BOOKLET (Appendix A)

• Booklet consists of 32 pages including cover.

As per copy furnished by Forms Development the cover and text ink is Black and two PMS colors: 181(Red/Brown) or CMYK 14, 94, 88, 51, Cool Gray 7, CMYK 22, 15, 11, 32 screens from 0% to 100%.

• The booklet must be bound in such a manner as to prevent bursting during the mailing process.

• All forms contained in the 104 booklet must be perforated vertically, 1/4" to 1/2" from binding

(approximately 11 sheets or 22 pages back-to-back forms). Forms when detached will be 8" x 11" to 8-1/4" x 11". A deep perforation must be used for easy tear-out.

• A return envelope is NOT required.

Item 2: Book 104 PTC COLORADO PROPERTY TAX CREDIT CLAIM FORM AND INSTRUCTIONS FOR 2017 BOOKLET WITH RETURN ENVELOPE. (104 PTC) (Appendix B)

• The booklet consists of 12 pages including cover.

• As per copy furnished by Forms Development cover ink is Black and two PMS colors:

181(Red/Brown) or CMYK 14, 94, 88, 51, Cool Gray 7, CMYK 22, 15, 11, 32 screens from 0% to 100%, and the text ink is two colors black and red CMYK 11,99,96,2. Each booklet must contain one pre-addressed return envelope.

• Of the total order, approximately 25,000 booklets will require addressing on the back cover of the booklet for mailing. Vendor must address cover of booklets for Standard Mail Carrier Route mailing and deliver to the United States Postal Service.

• The booklet must be bound in such a way as to prevent bursting during mailing.

• All forms within the 104PTC booklet will be perforated vertically, 1/4" to 1/2" from binding

(approximately 1 form). Form when detached will be 8" x 11" to 8-1/4 x 11". A deep perforation must be used for easy tear-out.

NOTE: Envelopes for this booklet will have separate artwork than all other booklets requiring envelopes.

Item 3: Book 112, CORPORATION INCOME TAX FORMS AND INSTRUCTIONS FOR 2017 (112 Corporation) (Appendix C)

• Booklets consist of 20 pages including cover ink is Black and two PMS colors: 181(Red/Brown) or CMYK 14, 94, 88, 51, Cool Gray 7, CMYK 22, 15, 11, 32 screens from 0% to 100%, text ink is black.as per copy furnished by Forms Development.

• The booklet must be bound in such a manner as to prevent bursting during the mailing process.

• All forms within the booklet are to be perforated vertically, 1/4" to 1/2" from binding

(approximately 7 forms). Forms when detached will be 8" x 11", to 8-1/4" x 11". A deep perforation must be used for easy tear-out.

• A return envelope is NOT required.

Item 4: Book 105, FIDUCIARY INCOME TAX FORMS AND INSTRUCTIONS FOR 2017. (105 Fiduciary) (Appendix D)

• Booklets consist of 20 pages including cover, ink is Black and two PMS colors: 181(Red/Brown) or CMYK 14, 94, 88, 51, Cool Gray 7, CMYK 22, 15, 11, 32 screens from 0% to 100%, text ink is black, as per copy furnished by Forms Development.

• Booklet must be bound in such a manner as to prevent bursting during the mailing process.

• All forms within the 105 booklet will be perforated vertically; 1/4" to 1/2" form binding (3 forms). Forms when detached will be 8" x 11" to 8-1/4" to 11". A deep perforation must be used for easy tear-out.

• A return envelope is NOT required.

Item 5: Book 106, PARTNERSHIP INCOME TAX FORMS AND INSTRUCTIONS for 2017. (106 Partnership) (Appendix E)

• Booklets consist of 20 pages including cover, ink is Black and two PMS colors: 181(Red/Brown) or CMYK 14, 94, 88, 51, Cool Gray 7, CMYK 22, 15, 11, 32 screens from 0% to 100%, text ink is black, as per copy furnished by Forms Development.

• The booklet must be bound in such a manner as to prohibit bursting during the mailing process.

• All forms within the 106 booklet will be perforated vertically; 1/4" to 1/2" form binding (total 3 forms). Forms when detached will be 8" x 11" to 8-1/4" to 11". A deep perforation must be used for easy tear-out.

• A return envelope is NOT required.

Item 6: Book 21, SEVERANCE TAX FORMS AND INSTRUCTIONS FOR 2017. (21 Severance) (Appendix F)

• Booklets consist of 12 pages including cover, ink is Black and two PMS colors: 181(Red/Brown) or CMYK 14, 94, 88, 51, Cool Gray 7, CMYK 22, 15, 11, 32 screens from 0% to 100%, text ink is black, as per copy furnished by Forms Development.

• Each booklet to contain, in addition to the above, one pre-addressed return envelope.

• The booklet must be bound in such a manner as to prevent bursting during mailing.

All forms contained in the booklet must be perforated vertically, 1/4" to 1/2" from binding (3 forms). Form when detached must be 8" x 11" to 8-1/4" x 11".

NOTE: Envelopes for this booklet will have separate artwork than all other booklets requiring envelopes.

ARTWORK PROCESSING AND COORDINATION

1. The vendor(s) are required to contact the Department immediately upon receipt of notice of award of bid to consult with the Department relative to forms composition prior to the setting up of forms specified herein. This will allow the vendor to become fully informed and to avoid, if possible, any alterations in the camera ready artwork submitted. No allowance will be granted for composition change in the event that the vendor does not comply with this specification.

2. The Department will furnish the vendor with final error free, camera-ready artwork generated as Adobe PDF files. The schedule of the artwork will be

a. October 10 of each year for booklets 105 Fiduciary, 106 Partnership, 112 Corporation, and 21 Severance

b. November 10 of each year for booklets 104 Individual and 104 PTC

3. Paper proofs and color keys (where applicable) must be returned to the address below.

Department of Revenue Forms Development Section Attn.: Antoinette Williams 1375 Sherman Street, Rm. 728 Denver, CO 80203

Delivery date for the proofs will be

a. October 19 of each year for booklets 105 Fiduciary, 106 Partnership, 112 Corporation, and 21 Severance

b. November 19 of each year for booklets 104 Individual and 104 PTC

EXPERIENCE

Experience in printing jobs of similar size and scope is required. Vendors will provide a description of past experience, along with their bid.

GENERAL SPECIFICATIONS FOR TAXABLE YEAR 2017

1. Quantities given in these specifications are estimates based upon previous years' usage. Due to pending legislation it is highly probable that quantities will vary. In the event that this is the case, vendors will agree that the price per thousand will remain the same. Final quantities for initial printing will be disclosed to the vendor no later than November 15 of each year.

2. Each vendor shall submit pricing for supplying additional quantities of the 104 Standard Book and the 104PTC Book (items 1 and 2 on Attachment A -Pricing Sheet), requested after the initial printing has been completed. The minimum reorder for anyone item will be 10,000. Delivery of such additional orders will be completed within seven (7) calendar days after written notification to furnish additional forms. The vendor shall include all shipping costs for the delivery of booklets to the following addresses in the bid prices.

Department of Revenue Loading Dock

Attn: Jon Svare 1375 Sherman Street Denver, CO 80203

Department of Revenue Loading Dock

Attn: Jon Svare 1881 Pierce Street Lakewood, CO 80214

3. Vendors will provide samples of paper to be used, along with their bid.

4. Vendors will provide samples of ink and paper colors, including white, along with their bid.

5. Envelopes that are to be supplied for all forms in this order are to be of the following type and construction:

a. Envelope must be standard #10 consisting of 24# bond paper, folded at the top and bottom. A self-mailer, bottom glued type envelope is acceptable. The envelope flap is to have sufficient glue to prevent opening during mailing. The envelope must be secured in the booklet in such a manner as to prevent loss during mailing but allow easy removal from the booklet. The envelope must have a security tint.

6. The Department will supply the vendor(s) with computer files for each of the booklets requiring mailing. The computer files will be transferred electronically via Secure File Transfer Protocol (SFTP). Record layout will be provided. Addressing requires a computerized system of printing variable information in black ink by jet spray or other method utilizing data from computer files.

Image characters must be upper case.

7. The Department will provide a computer test file with name, address and other variable information to be printed in the proper position on the booklets, as specified in Forms Specifications section of this bid.

8. Vendor will be responsible for all necessary programming to ensure that the variable information is printed properly on the books. The Department will furnish no later than November 15 of each year computer files for variable information and addressing in ZIP code sequence for live production.

a. It is the responsibility of the vendor, upon notification of the award, to contact the Department to arrange for proofing and test file deadlines. Samples of addressing containing test data must be provided to the Department before actual production run.

NOTE: The Department recognizes that some vendors may not have the in-house capabilities for computerized printing from computer files; therefore it is acceptable to subcontract the addressing of the booklets. However, pricing must be included in the price per thousand bids. If subcontracting is necessary, the vendor will have the full responsibility of coordinating printing with the contracted supplier. The vendor will notify the Department of its intent to subcontract the addressing of the booklets, at the time the bid is submitted. The subcontractor must be identified at the time of the bid. The Department reserves the right to approve or reject any and all subcontractors.

9. The vendor must implement the necessary safeguards to ensure the confidentiality of computer files. The files may not be used for any other purpose except for generation of the income tax booklets. In particular, the information on the computer file may not be sold, distributed, or otherwise used by the vendor or the vendor's assignees. The vendor has no proprietary rights to the data contained on the computer files and they must be permanently deleted 30 days after the completion of the mailing. This requirement will be part of the award between the vendor and the Department. The vendor, as a condition of such award, will be required to execute a statement that it is aware that the information contained on the computer file is confidential and that disclosure of such information may subject the vendor to legal action.

10. In the event that problems arise due to printing schedule, quality, etc. and it becomes necessary for a Department representative to visit the production facility, the actual cost for travel will be deducted from the vendor's final invoice. The decision to make a visit shall be at the sole discretion of the Department.

11. Although not a requirement, the Department would like the print shop to be located in the Denver Metro Area.

BOOKLETS DELIVERY

1. Initial Delivery of Booklets to the Department of Revenue

a. All deliveries to Department of Revenue, regardless of location, require a truck with a lift gate and a pallet jack. Deliveries cannot be over six (6) feet in height. All deliveries will be inside deliveries.

b. Booklets 104 Individual, 104 PTC, 112 Corporate, 105 Fiduciary, 106 Partnership, and 21 Severance in the minimum quantities stated in Appendix G – Delivery of Booklets, must be delivered to the addressed below no later than December 2 of each year. The forms must be boxed and labeled according to form number. Forms are to be boxed and palletized on pallets that are not larger than 35" x 48" (width by length) and there must not be an overhang on the width (overhang is acceptable on the length).

Department of Revenue Loading Dock Attn: Jon Svare 1375 Sherman Street Denver, CO 80203

c. The Department requires an appointment for making a delivery. The appointment should be set up at least 48 hours prior to delivery. Call the Forms Section at 303-866-5617 to schedule the delivery.

d. The vendor shall include all shipping costs for the delivery of booklets to the Department's locations at 1881 Pierce Street, Lakewood, CO 80214 and 1375 Sherman Street, Denver, CO 80203 in the unit prices bid. No additional shipping costs will be allowed for these two locations.

2. Mailing of 104 Individual and 104 PTC to Additional Locations

a. The Department requires the delivery of approximately 85,000 104 booklets and 15,000

104 PTC booklets to approximately 200 locations including Libraries, Post Offices and Motor Vehicle Offices throughout the State of Colorado. Above quantities are accurate based on the previous year's usage. However, these quantities are subject to change due to circumstances beyond the Department's control. Final locations and quantities will be disclosed to the Vendor no later than November 30, of each year.

b. Booklets are to be shipped via UPS or lowest available freight method. Inside delivery is required to these locations. Vendors are to bid based on full cartons of 180 for 104 books and 250 PTC booklets per box, cost to include all necessary materials required for shipping (boxes, pallets, labels, etc.). It is highly likely that some locations will require less than a full box of 180 or 250 booklets; however, for evaluation purposes only full box prices need to be submitted. The pricing sheet, which is provided as Attachment A – Pricing Sheet, will be used to submit this bid. The delivery to these locations must be completed no later than January 11, of each year.

3. Mailing of 104 PTC to Individual Addresses

a. Vendor is responsible for all mailings. The Department encourages the most economical mailing available from mailing point of origin. For vendor's control of the mailing process, mailings will be allowed from location of printing, subject to appropriate monitoring and control. Delivery of the 104 PTC booklets to taxpayers should go by Standard Carrier Route mailing, not before December 26 and not later than December 31 of each year. The Department will deposit postage into Bulk Mailing Permit #212 for in-state mail. The vendor must supply to the Department, copies of the USPS verification of mailing forms (3602's) within one (1) day of mailing via email to Julie Roybal at julie.roybal@state.co.us. Type of form and quantity mailed must be clearly shown on each form.

4. Deliveries of Remaining Booklets

a. Delivery of the remaining 104 Individual booklets after the initial delivery must be delivered to the address below no later than January 30 of each year.

Department of Revenue Stockroom Attn: Jon Svare 1881 Pierce Street Lakewood, CO 80214.

b. Complete delivery of the 104 PTC booklets after the initial delivery, must be delivered to the address below no later than January 30 of each year.

Department of Revenue Stock Room Attn: Jon Svare 1881 Pierce Street Lakewood CO 80214

c. Complete delivery of the income tax booklets not in the initial delivery for 112 Corporate, 105 Fiduciary, 106 Partnership, and 21 Severance must be delivered to the address below no later than January 30 of each year.

Department of Revenue Loading Dock Attn: Jon Svare 1375 Sherman Street Denver, CO 80203

d. The forms must be boxed and labeled according to form number. Forms are to be boxed and palletized on pallets that are not larger than 35" x 48" (width by length) and there must not be an overhang on the width (overhang is acceptable on the length).

e. All deliveries to Department of Revenue regardless of location require a truck with a lift gate and a pallet jack. Deliveries cannot be over six (6) feet in height. All deliveries will be inside deliveries.

f. The Department requires an appointment for making a delivery. The appointment should be set up at least 48 hours prior to delivery. Call the Forms Section at 303-866-5617 to schedule the delivery.

DAILY LATE FEES

Failure of the vendor to deliver booklets by the due date will result in a daily late fee of 5% per the total price bid for each booklet, plus a daily interest rate of 0.016438%.

LISTING OF APPENDICES

Appendix A thru F – Tax Book Cover Designs Appendix G - Delivery of Booklets

D. Additional Terms and Conditions The vendor is voluntarily submitting this offer and acknowledges that it is consistent and in compliance with the State’s included specifications, Purchase Order Terms and Conditions attached to this Documented Quote, except as replaced, modified, or supplemented by the Department in this Documented Quote.

At a minimum, work delivered/performed must meet industry standards and best practices in all areas including documentation, performance, auditing, and security as related to area of responsibility. All work delivered/performed must meet State and Department standards.

The State may, in its sole discretion, require background checks of any or all of the vendor’s employees or subcontractors who may have access to the State’s information and/or other confidential items. Background checks may include criminal reviews, as well as financial and credit reviews. These reviews may occur at any time during the term of the purchase order, including any extensions.

LICENSES/PERMITS Vendor certifies that, at the time of issuance of the purchase order or contract, it and its employees have in effect all necessary licenses, certifications, approvals, insurance, permits, etc., required to properly and legally perform the services covered by the purchase order or contract. Vendor warrants that it will maintain all necessary licenses, certifications, approvals, insurance, permits, etc. required to properly and legally perform this work, without reimbursement by the State or other adjustment in contract price. Additionally, all employees of vendor performing services under the purchase order or contract shall hold the required licenses or certification, if any, to perform their responsibilities. Vendor further certifies that, if it is a foreign corporation or other entity, it currently has obtained and shall maintain any applicable certificate of authority to do business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewable of necessary licenses, certifications, approvals, insurance, permits, etc. required for vendor to properly perform the work, shall be grounds for termination of the purchase order or contract by the State for default.

REPRESENTATIONS, WARRANTIES, AND PERFORMANCE STANDARDS Vendor shall perform the services described in this Documented Quote in accordance with the highest standard of care, skill and diligence provided by a professional person or company in performance of work similar to the service. The vendor warrants that (a) services provided under this award shall meet the descriptions in this Documented Quote, (b) there are no pending or threatened suits, claims, or actions of any type with respect to the services provided and (c) the services shall be free and clear of any liens, encumbrances, or claims arising by or through the vendor or any party related to the vendor.

CONFIDENTIALITY OF STATE RECORDS AND INFORMATION The vendor shall provide and maintain a secure environment that ensures confidentiality of all State records and information wherever located. No State information of any kind shall be distributed or sold to any third party or used by the vendor or its agents in any way, except as authorized by the purchase order or contract and as approved by the State. State information shall not be retained in any files or otherwise by the vendor or its agents, except as set forth in the purchase order or contract and approved by the State. Disclosure of State records or information may be cause for legal action against the vendor or its agents. Defense of any such action shall be the sole responsibility of the vendor.

The vendor acknowledges that it may come into contact with confidential information in connection with the resulting purchase order or contract or in connection with the performance of its obligations under this award, including but not limited to personal or State, information of individuals or incidents of a sensitive nature. It shall be the responsibility of the vendor to keep all State records and information confidential at all times and to comply with all Colorado State and Federal laws, rules and regulations concerning the confidentiality of information. Any request or demand for information in the possession of the vendor made by a third party who is not an authorized party to the purchase order or contract shall be immediately forwarded to the State.

The vendor shall notify all of its agents, employees, subcontractors and assigns who will come into contact with State information that they are subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of the requirements before they are permitted to access information or data.

Unless otherwise expressly pre-approved in writing by the State, all employees, officers, staff, temporary employees and/or subcontractor(s) of the vendor involved in the performance of any aspect of this work shall execute and be bound by a Statement of Confidentiality, in the form of Attachment C. The signed Statements of Confidentiality shall be provided by the vendor to the State upon the State’s request.

CONFLICT OF INTEREST/GIFTS GRATUITIES During the term of this award, the vendor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the vendor’s obligations under this award.

Additionally, the vendor acknowledges that in governmental contracting, even the appearance of a conflict of interest is harmful to the interests of the State. Therefore, the vendor shall refrain from any practices, activities or relationships that could reasonably be considered to be in conflict with the full performance of vendor’s obligations to the State in accordance with the terms and conditions of this award, without the prior written approval of the State.

In the event that the vendor is uncertain whether the appearance of a conflict of interest may reasonably exist, the vendor shall submit to the State a full disclosure statement setting forth the relevant details for the State’s consideration and direction. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict shall be grounds for termination of the award.

The vendor shall not, by itself or through any officer, director, employee, agent, partner, subcontractor or other representative, offer, give, grant, or otherwise deliver any gift, gratuity, or anything of monetary or non-monetary value to any employee of the State or to any member of his/her immediate family or anyone living in his/her household. Failure by the vendor to ensure compliance with this provision may result, in the State’s sole discretion, in immediate termination of the purchase order or contract.

PRESS CONTACTS/NEWS RELEASES The vendor shall not initiate any press and/or media contact nor respond to press/media requests regarding this award and/or any related matters concerning the State without the prior written approval of the State.

KEY PERSONNEL The vendor shall notify the State in writing of any key personnel changes as soon as the Vendor is aware of the changes. The State shall have the final approval of any personnel the vendor intends to perform services pursuant to the award. Such approval shall not be unreasonably withheld or delayed.

The State reserves the right to require the removal of any vendor staff providing services pursuant to award of this Documented Quote. The State shall have the final approval of any personnel the vendor intends to perform services pursuant to the purchase order or contract. Such approval shall not be unreasonably withheld or delayed.

INTELLECTUAL PROPERTY INDEMNIFICATION The vendor shall indemnify, hold harmless and defend, at vendor’s sole expense, the State and its employees and agents, against any and all loss, cost, expense or liability, including but not limited to attorney fees, court costs and other legal expenses and damages, arising out of a claim that any goods or services, software or Work Product as defined in Section 4 (“Product”) provided by the vendor under the purchase order or contract, or the use thereof, infringes a patent, copyright, trademark, trade secret or any other intellectual property right.

i. The vendor’s obligation hereunder shall not extend to the combination of the Product with any other product, system or method, unless the Product or system is (a) provided by the vendor or vendor’s subsidiaries or affiliates, (b) specified by the vendor to work with the Product, or (c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function or (d) reasonably expected to be used in combination with such other product, system or method.

NON-EXCLUSIVE RIGHTS It is understood and agreed by the vendor that the State does not grant the vendor exclusive rights to provide the products and/or services under this award. The State reserves the right to contract with and purchase products and services from persons and entities other than the vendor, as may be in the best interest of the State. This award shall remain in full force and effect should the State enter into other contracts for the same or similar goods and services as provided under this award.

STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to vendor under the purchase order or contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this section applies.

Vendor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102- 206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system.

Vendor’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of the purchase order or contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of vendor’s performance shall be part of the normal contract administration process and vendor’s performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of vendor’s obligations under the purchase order or contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of vendor’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the purchase order or contract term. Vendor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress.

Should the final performance Evaluation and Review determine that the vendor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Revenue, and showing of good cause, may debar vendor and prohibit vendor from bidding on future contracts. Vendor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of vendor by the Executive Director, upon a showing of good cause.

DOCUMENTED QUOTE VENDOR RESPONSE FORMAT

The purpose of this section is to specify a format for vendor responses.

A. CONFIRMATION OF OFFER FORM – complete and sign the attached Documented Quote –

Confirmation of Offer form

B. SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB)

C.R.S. Section 24-103-211 sets a Service-Disabled Veteran Owned Small Business (SDVOSB) goal of at least 3% of all contracts by dollar value be awarded to SDVOSBs who must be incorporated or organized in Colorado or they must maintain a place of business or have an office in Colorado and must be officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Department of Veterans Affairs. See www.vip.vetbiz.gov. By responding to this solicitation, the successful vendor certifies that it shall comply with the provisions of C.R.S. Section 24-103-211.

Only SDVOSBs that meet minimum specifications can be considered for the percentage preference.

SDVOSBs must submit documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs in their response to the solicitation.

C. PRICING – Provide your fee schedule, in the format set forth in Attachment A. Provide any discounted pricing that may be available if an award longer than one year is accepted.

D. REFERENCES - Include with your response up to three business references for which your firm has provided goods and/or completed similar services. Please include the company name, contact person, address, telephone number and date and description of goods provided/service performed for each listed reference.

E. Indicate if any services under the resulting PO, including subcontracts, are anticipated to be performed outside the United States or Colorado. If so, identify where the services will be performed and explain why these services will be performed outside of the United States or Colorado.

http://www.vip.vetbiz.gov/

STATE OF COLORADO

DEPARTMENT OF REVENUE

Documented Quote – Confirmation of Offer

Purchasing and Contracts Services Division

Attn: April Carlson 1375 Sherman Street, Room 336, Denver, CO 80203

Physical copies are preferred. Documented Quote Number must appear on outside of package and in the subject line of email. Note that the Documented Quote Confirmation of Offer Page must be signed with your bid response.

The following information is submitted in response to Documented Quote # DOR17017/Tax Booklets.

The below named vendor is voluntarily submitting this offer and acknowledges that it is consistent and in compliance with the State’s included specifications, Purchase Order Terms and Conditions attached to this Documented Quote, except as replaced, modified, or supplemented by the Department in this Documented Quote.

COMPANY NAME: _________

ADDRESS: __________________________________________________________

CITY: _____________________________ STATE: ________ ZIP+4: ___________

F.E.I.N. **: ___________________________________________________________

DELIVERY DATE: _____________________________________________________

PAYMENT TERMS: ____________________________________________________

SIGNATURE: _________________________________________________________

Signer must be authorized / qualified to bind vendor.

TYPED/PRINTED NAME: ______________________________________________

TITLE: ___________________________________________________________

PHONE: (_______) _________________ FAX: (_______) __________________

EMAIL ADDRESS: _____________________________

1. For a vendor’s bid to be considered responsive, the vendor must be currently registered on VSS: https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService by the due date/time specified by the State for receipt of quotes.

2. Quoted Prices - All prices must be bid delivered, F.O.B. Destination. All bids shall be considered firm fixed price offers.

3. The State is not responsible for any goods delivered or services performed without a State issued purchase order or contract.

4. The State is not liable for any sales, use, excise, property or other taxes imposed by any federal, state or local government tax authority. The

State of Colorado tax exemption number is 98-02565. The State is also not liable for any taxes of the Contractor for franchise or related to the income of the Contractor. No taxes of any kind shall be charged to the State.

Service Disabled Veteran Owned Small Businesses (SDVOSBs)

1. C.R.S. Section 24-103-211 sets a Service-Disabled Veteran Owned Small Business (SDVOSB) goal of at least 3% of all contracts by dollar value be awarded to SDVOSBs who must be incorporated or organized in Colorado or they must maintain a place of business or have an office in Colorado and must be officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Department of Veterans Affairs. See www.vip.vetbiz.gov.

2. By responding to this solicitation, the successful vendor certifies that it shall comply with the provisions of C.R.S. Section 24-103-211.

Only SDVOSBs that meet minimum specifications can be considered for the percentage preference.

3. SDVOSBs must submit documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs in their response to the solicitation.

http://www.vip.vetbiz.gov/

1. Offer/Acceptance. If this purchase order (“PO”) refers to vendor’s bid or proposal, this PO is an ACCEPTANCE of vendor’s OFFER TO SELL in accordance with the terms and conditions of the “solicitation” identified in vendor’s bid or proposal. The solicitation includes an RFP, IFB, or any other form of order by buyer. If a bid or proposal is not referenced, this PO is an OFFER TO BUY, subject to vendor’s acceptance, demonstrated by vendor’s performance or written acceptance of this PO. Any COUNTER-OFFER TO SELL automatically CANCELS this PO, unless a change order is issued by buyer accepting a counter-offer. This PO shall supersede and control over any vendor form(s) or part(s) thereof included in or attached to any bid, proposal, offer, acknowledgment, or otherwise, in the event of inconsistencies or contradictions, regardless of any statement to the contrary in such form(s) or parts thereof. 2. Safety Information. All chemicals, equipment and materials proposed and/or used in the performance of this PO shall conform to the requirements of the Occupational Safety and Health Act of 1970. Vendor shall furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals, equipment or hazardous materials at the time of delivery.

3. Changes. Vendor shall furnish products and/or services strictly in accordance with the specifications and price set forth for each item. This PO shall not be modified, superseded or otherwise altered, except in writing signed by purchasing agent and accepted by vendor. Each shipment received or service performed shall comply with the terms of this PO, notwithstanding invoice terms or acts of vendor to the contrary, unless this PO has been modified, superseded or otherwise altered in accordance with this section.

4. Delivery. Unless otherwise specified in the solicitation or this PO, delivery shall be FOB destination. Buyer is relying on the promised delivery date, installation, and/or service performance set forth in vendor’s bid or proposal as material and basic to buyer’s acceptance. If vendor fails to deliver or perform as and when promised, buyer, in its sole discretion, may cancel its order, or any part thereof, without prejudice to its other rights, return all or part of any shipment so made, and charge vendor with any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of the essence.

5. Intellectual Property. Any software, research, reports, studies, data, photographs, negatives or other documents, drawings or materials (collectively “materials”) delivered by vendor in performance of its obligations under this PO shall be the exclusive property of buyer. Ownership rights shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the materials. Vendor shall comply with all applicable Cyber Security Policies of the State of Colorado (the “State”), or buyer, as applicable, and all confidentiality and non-disclosure agreements, security controls, and reporting requirements.

6. Quality. Buyer shall be the sole judge in determining “equals” with regard to quality, price and performance. All products delivered shall be newly manufactured and the current model, unless otherwise specified.

7. Warranties. All provisions and remedies of the Colorado Uniform Commercial Code, CRS, Title 4 (“CUCC”), relating to implied and/or express warranties are incorporated herein, in addition to any warranties contained in this PO or the specifications.

8. Inspection and Acceptance. Final acceptance is contingent upon completion of all applicable inspection procedures. If products or services fail to meet any inspection requirements, buyer may exercise all of its rights, including those provided in the CUCC. Buyer shall have the right to inspect services provided under this PO at all reasonable times and places.

"Services" as used in this section includes services performed or tangible material produced or delivered in the performance of services. If any of the services do not conform to PO requirements, buyer may require vendor to perform the services again in conformity with PO requirements, without additional payment. When defects in the quality or quantity of service cannot be corrected by re-performance, buyer may (a) require vendor to take necessary action to ensure that future performance conforms to PO requirements and (b) equitably reduce the payment due vendor to reflect the reduced value of the services performed. These remedies do not limit the remedies otherwise available in this PO, at law, or in equity.

9. Cash Discount. The cash discount period will start from the later of the date of receipt of acceptable invoice, or from date of receipt of acceptable products/services at the specified destination by an authorized buyer representative.

10. Taxes. Buyer and the State are exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No. 84-730123K] and from all State and local government sales and use taxes [CRS, Title 39, Article 26, Parts I and II]. Such exemptions apply when materials are purchased for the benefit of State, except that in certain political subdivisions (e.g., City of Denver) vendor may be required to pay sales or use taxes even though the ultimate product or service is provided to buyer. Buyer shall not reimburse such sales or use taxes.

11. Payment. Buyer shall pay vendor for all amounts due within 45 days after receipt of products or services and a correct notice of amount due. Interest on the unpaid balance shall begin to accrue on the 46th day at the rate set forth in CRS §24-30-202(24) until paid in full. Interest shall not accrue if a good faith dispute exists as to buyer’s obligation to pay all or a portion of the amount due. Vendor shall invoice buyer separately for interest on delinquent amounts due, referencing the delinquent payment, number of day’s interest to be paid, and applicable interest rate.

12. Vendor Offset. [Not Applicable to Inter-governmental POs] Under CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action.

13. Assignment and Successors. Vendor shall not assign rights or delegate duties under this PO, or subcontract any part of the performance required under this PO, without the express, written consent of buyer. This PO shall inure to the benefit of and be binding upon vendor and buyer and their respective successors and assigns. Assignment of accounts receivable may be made only upon written notice furnished to buyer.

14. Indemnification. If any article sold or delivered under this PO is covered by a patent, copyright, trademark, or application therefore, vendor shall indemnify and hold harmless buyer from any and all loss, liability, cost, expenses and legal fees incurred on account of any claims, legal actions or judgments arising out of manufacture, sale or use of such article in violation or infringement of rights under such patent, copyright, trademark or application. If this PO is for services, vendor shall indemnify, save, and hold harmless buyer, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related expenses, incurred as a result of any act or omission by vendor, or its employees, agents, subcontractors or assignees, arising out of or in connection with performance of services under this PO.

15. Independent Contractor. Vendor shall perform its duties hereunder as an independent contractor and not as an employee. Neither vendor nor any agent or employee of vendor shall be deemed to be an agent or employee of buyer. Vendor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through buyer and buyer shall not pay for or otherwise provide such coverage for vendor or any of its agents or employees. Unemployment insurance benefits will be available to vendor and its employees and agents only if coverage is made available by vendor or a third party. Vendor shall pay when due all applicable employment, income, and local head taxes incurred pursuant to this PO. Vendor shall not have authorization, express or implied, to bind buyer to any agreement, liability or understanding, except as expressly set forth herein. Vendor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by buyer, and (c) be solely responsible for its acts and those of its employees and agents.

16. Communication. All communication concerning administration of this PO, prepared by vendor for buyer’s use, shall be furnished solely to purchasing…