25-018 Email.Chatbot_final.pdf

Request for Proposals

RFP # 25-018

Email and Chatbot Solution

Posted: April 15, 2025

Vendor Response Signature Page CCCS RFP 25-018 Email/Chatbot Solution

VENDORS: See the solicitation document below for the response deadline and other response submission information and requirements.

Vendors responding to this solicitation must fill out this page in its entirety, sign and return with vendor’s response. This page must bear a physical or electronic signature, as electronic signature is defined in the "Uniform Electronic Transactions Act", section 24-71.3-102 (8), evincing an intent by the vendor to be bound by its response. Failure to do so may disqualify the vendor response.

The undersigned understands and agrees that misrepresentation made in this response and/or subsequent discussions or information presented to the State may be deemed sufficient cause for the refusal by the State to execute a contract as a result, and that that later discovery of any omission or misrepresentation made in the solicitation response and/or subsequent discussions or information presented to the State may be grounds for the cancellation of an existing contract.

LEGAL COMPANY NAME (OFFEROR)

VENDOR INSERT: Full Legal Company Name

AUTHORIZED SIGNATURE

By: VENDOR INSERT: Name of Person Signing

TYPED/PRINTED NAME

VENDOR INSERT: Signer’s Full Name

TITLE

VENDOR INSERT: Title of Signer

PHONE NUMBER

VENDOR INSERT: Signer’s Phone Number

EMAIL ADDRESS

VENDOR INSERT: Signer’s Email Address

CONTACT FOR CLARIFICATIONS

VENDOR INSERT: Name of Contact

TITLE

VENDOR INSERT: Title of Contact

PHONE NUMBER

VENDOR INSERT: Contact Phone Number

EMAIL ADDRESS

VENDOR INSERT: Contact Email

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TABLE OF CONTENTS

TABLE OF CONTENTS

1. INTRODUCTION

A. General Information

B. Background

C. Overview and Goals

D. Sole Point of Contact

E. Schedule of Activities

F. Pre-Proposal Meeting

G. Start Date

H. Anticipated Contract Term

2. OFFEROR’S EXPERIENCE AND PERSONNEL

A. Organizational Experience

B. Organizational Personnel

3. REQUIREMENTS

A. Accessibility Requirements

B. Insurance Requirements

C. Mandatory Requirements

4. Scope of Work

A. Scope of Work and Deliverables

5. REQUESTED PROPOSAL FORMAT

6. EVALUATION METHODOLOGY

A. Evaluation Process

B. Evaluation Committee

C. Proposal Evaluation Criteria

D. Demonstrations and Discussions

E. Single proposal

F. Award

Appendices

Appendix A – Administrative Information

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Appendix B –– Vendor Disclosure Statement

Appendix C – Vendor Accessibility Disclosure Form

NOTE: A draft Contract/ Purchase Order terms is included as a separate document in the solicitation posting.

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1. INTRODUCTION

A. General Information

On behalf of the State of Colorado, the Colorado Community College System is seeking proposals from qualified vendors to provide an email campaign platform and a website chatbot for current and prospective students in Colorado Online courses.

B. Background

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

Colorado Online is a new consortium that enables students at any of the system’s 13 colleges to enroll in online courses taught at any other college in the system.

Colorado Online Headcount

Estimated future CO Online enrollments by semester

Spring 2025 22,893

Summer 2025 15,558

Fall 2025 26,776

CCCS is committed to facilitating access to its colleges’ instruction, communication, and business processes for the broadest possible audience. CCCS strives to employ principles of Universal Design and the use of the World Wide Web Consortium’s WCAG

2.2 AA standards in the design, development, implementation, and enhancement of all web-based information and services.

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C. Overview and Goals

The Colorado Community College System (CCCS) is issuing this solicitation for the purposes of providing an email client that will be used to email current students a variety of informational emails related to course information, course navigation, and available academic resources. Chatbot services will be provided for current and prospective students on the CCCS website (http://www.cccs.edu). The chatbot will provide answers to general inquiries and guide students to both general and specific information pages at the colleges.

D. Sole Point of Contact

i. The State’s sole point of contact for this solicitation is Terry Hindsman, Purchasing Manager, who may be reached via email at terry.hindsman@cccs.edu, or via phone at 720-858-2772.

ii. Because phone lines may not be consistently monitored, email is the preferred method of communication. The individual listed above is the sole point of contact for this solicitation. Initiating contact with anyone other than this individual may result in Offeror disqualification.

E. Schedule of Activities

iii. This Schedule of Activities is for information and planning purposes only.

Schedules for Activities listed as “Estimated” may be subject to change depending on the needs of the State. All times are considered in Mountain

Time (MT), as adjusted for daylight savings.

iv. The date of publication for this solicitation on Colorado VSS is April 15, 2025.

a. Written inquiries must be submitted to terry.hindsman@cccs.edu no later than April 28, 2025; 5:00 PM. Please include the RFP number and title in the subject line.

b. The estimated date for the State’s responses to vendors’ written inquiries to be published on Colorado VSS is May 5, 2025.

http://www.cccs.edu/ mailto:terry.hindsman@cccs.edu

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c. All proposals must be submitted in the method described below no later than May 19, 2025; 2:00 PM.

d. A public opening of the proposals will be held virtually via WebEx on May

19, 2025; 2:15PM. So that CCCS can plan for attendance, if an Offeror wishes to attend the public proposal opening, please send an email to the Procurement Contact to RSVP at least one day prior to the date of the public proposal opening and include the name and email for the person who will attend. CCCS will respond to the attendee with a link to the meeting.

e. The estimated date for demonstrations from selected proposers is June

12, 2025.

f. The estimated date for the publication of an Intent to Award on

Colorado VSS is June 23, 2025.

No pre-proposal meeting

F. Pre-Proposal Meeting (Reserved)

G. Start Date

The desired Contract or Purchase Order start date is August 1st, 2025.

H. Anticipated Contract Term

i. The initial term of the awarded Contract is anticipated to begin on August 1st, 2025, and end on July 31, 2026. This Contract may be renewed for up to four

(4) additional one-year periods at the sole discretion of the State. The total duration of the Contract, including all options, is not anticipated to exceed five (5) years.

ii. The State may extend the Contract beyond the anticipated term in accordance with the Colorado Procurement Code, and in the event that the

State determines an extension is necessary.

iii. The State may, within its sole discretion, choose not to exercise any option or extension term in the Contract for any reason. If the State chooses not to

V111324 RFP 25-018 Email/Chatbot Page 6 of 14 exercise any option or extension term, it may re-procure the goods and/or services in its sole discretion.

2. OFFEROR’S EXPERIENCE AND PERSONNEL

A. Organizational Experience

i. Please demonstrate a minimum of 5 years’ experience with colleges and systems of similar size and scope.

B. Organizational Personnel

i. A team dedicated to the Colorado Online implementation and maintenance of both the email client and chatbot.

3. REQUIREMENTS

A. Accessibility Requirements

i. 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.

ii. Offerors will complete and submit the Appendix C Accessibility Disclosure

Form and VPAT as part of their proposal.

B. Insurance Requirements

The awarded Offeror will be required to submit a certificate(s) of insurance evidencing insurance coverage for, at minimum, the types and amounts of insurance as required by the Insurance provision in the Contract or Purchase Order

Terms and Conditions, included in this solicitation as an attachment, prior to execution of the Contract or Purchase Order.

C. Mandatory Requirements

i. Web-based solution.

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4. SCOPE OF WORK

A. Scope of Work and Deliverables

This Scope of Work describes the deliverables sought through this RFP and the scope of what the awarded Offeror will be expected to offer through the contract resulting from this RFP. The Scope of Work is intended to provide interested

Offeror’s with sufficient basic information to submit a proposal. It is not intended to limit a proposal’s content or exclude any relevant or essential data.

i. If student information is collected through the email client or chatbot, the proposal must address how the Vendor will ensure student privacy as defined under the Family Educational Rights and Privacy Act (FERPA).

ii. Email Client

a. The Email Client should provide space available to import contacts using CSV files without a limit on contacts per import.

b. Ability to send email campaigns to thousands of contacts per campaign.

c. Ability to personalize emails including image attachments, links, and drag-and-drop for email creation and updates.

d. Ability to create and save multiple email templates.

e. Smart analytics for email tracking, including engagement.

f. Verified email domain to allow contact responses.

iii. Chatbot

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a. Ability for staff to manage the availability of the chatbot and monitor all conversations.

b. Ability to set multiple tones of an AI response.

c. All chatbot sessions are to be archived for future reference for the duration of one (1) calendar year.

d. Ability for live staff chat and automated chatbot.

5. TECHNICAL CONSIDERATIONS

A. How are system patches, updates, upgrades handled/scheduled? How much notice will be given to CCCS and will they be scheduled with CCCS? What is the typical length of downtime required for patches, updates, and upgrades? How often is a security audit of the system conducted? What was the result of the last two security audits? Who conducted the security audits (internal or external audit)?

B. Explain the monitoring systems that are used to ensure system availability. The Vendor must guarantee that 99.9% system uptime will be achievable. In your proposal, explain how this will be accomplished. Explain how system availability (e.g., uptime/downtime) is determined. Explain how the system availability has been for the past month, six months, and year.

C. Any data collected during the course of the engagement will be hosted and stored on the vendor’s premises, and archival storage for all data should not be limited.

The events stored on the hosted applications will be the property of CCCS and the ability to retrieve archived events should be provided.

D. The Contractor must have an environment that is a web-based application that runs on the Internet in full operation 99.999% of the time, is consistently accessible 24/7, easy to navigate, and is user-friendly.

E. Client-side software is not required. The solution is completely web-based.

F. A software license shall not be required by the CCCS to operate the online tutoring service. No client-side software should be required for the student to use the services.

G. Confirm that unlimited archive storage exists on vendor premises for email client and chatbot data.

H. Vendor will provide training materials and user guides online Colorado Online staff.

I. Vendor will provide ongoing technical support.

J. Provide a detailed implementation plan.

K. The system scales sufficiently over the expected lifetime of the solution to handle increases in stored content streaming capacity, and usage by the user community.

L. Sufficient uptime and outage communications.

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6. ADMINISTRATIVE CONSIDERATIONS

A. Please provide information on the functionality and usability of the reporting tools, and to what extent they can permit custom or ad hoc reports to be generated.

B. The Vendor will be required to provide comprehensive initial and on-going training sessions and materials to Colorado Online staff. The sessions will be conducted online.

C. Problem Escalation Procedure

i. The Vendor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the

Vendor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of CCCS within appropriate timeframes.

ii. Please describe how the following are addressed by your Problem Escalation

Procedure:

a. The process for establishing the existence of a problem;

b. The maximum duration that a problem may remain unresolved at each level in the Vendor’s organization before automatically escalating the problem to a higher level for resolution;

c. Circumstances in which the escalation will occur in less than the normal timeframe;

d. The nature of feedback on resolution progress, including the frequency of feedback, to be provided to the State contact;

e. Identification of, and contact information for, progressively higher levels of personnel in the Vendor’s organization who would become involved in resolving a problem;

f. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays, etc.) and on an emergency basis; and

g. A process for updating and notifying the Contract Monitor of any changes to the PEP.

h. The types of problems that are commonly covered by your PEP.

D. Email Client

i. Standard Vendor provided reports. Please list all available reports with a brief description.

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E. Chatbot

i. Standard Vendor provided reports. Please list all available reports with a brief description including usage reports by question type.

ii. Administrative access to archived chat sessions in the event of a dispute.

F. At the end of the awarded contract term, CCCS is required issue a new solicitation for these services. How would you be able to help with any transition period in the event that a new vendor is selected? What considerations does CCCS need to be aware of in terms of closing out the awarded contract?

7. REQUESTED PROPOSAL FORMAT

Proposals should cover the following areas, with an emphasis on how these areas relate to the evaluation criteria listed in Section 6 below. Proposals are to be in a single PDF document with tab sections as outlined below and to be no more than 50 pages not including administrative documents. Only proposals submitted via BidNet Direct

(www.bidnetdirect.com) will be accepted.

A. Tab A – Administrative Documents

i. Signed RFP Response Cover Sheet

ii. Completed W-9

iii. Vendor Disclosure Statement (Appendix B)

B. Tab B - Demonstrated Experience and Capabilities

i. Offeror’s Response- Offeror shall describe how the Offeror’s experience and capabilities make it the ideal candidate to perform the work. Describe experience with similar projects. Reference above of this solicitation regarding the desired organizational experience.

ii. Offeror’s Response- Offeror shall indicate key personnel who will be assigned to the project and describe their experience and qualifications. Reference above of this solicitation regarding the desired organizational personnel.

iii. Provide the management plan that supports the project requirements.

http://www.bidnetdirect.com/

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C. Tab C - Accessibility and Mandatory Requirements

Offeror’s Response- Offeror shall describe how their proposed solution will meet or exceed the accessibility and mandatory requirements detailed in this solicitation.

D. Tab D - Technical/Business Proposal

Offeror’s Response- Offeror shall describe how they will accomplish the Section 4

Scope of Work and Section 5 Technical Considerations detailed in this solicitation to include the following:

i. Identify any pertinent issues and potential problems. Identify any risks and how to mitigate them.

ii. provide the proposed approach for meeting the scope of work and requirements, including any applicable timelines. Address the ability to meet any required technical requirements.

E. Tab E – Administrative Concerns

Offeror’s Response - Offeror shall describe how they will address the considerations detailed in Section 6.

F. Tab F - Cost Proposal

Offerors shall submit with their proposals the proposed pricing that supports their response to the Scope of Work. The price proposal shall include your company’s pricing models and pricing narrative. Proposers shall outline pricing models and include a detailed pricing narrative that justifies its rates. The pricing narrative should explain how your company has structured its costs and how it proposes to charge the state for the work. Pricing must include all annual and one-time expenses, fees, materials and administrative costs for each year of the contract term.

G. Tab F – References

Provide a minimum of three (3) current or former clients where work has been performed within the last five years who may be contacted with respect to your firm’s reputation for high quality of work, responsibility and efficiency. Include the name, address and telephone number of the executive in each organization

V111324 RFP 25-018 Email/Chatbot Page 12 of 14 who can speak knowledgeably about the quality, timeliness and cost of your work.

H. Tab G – Confidential Information (See Appendix A, Section 2.7)

I. Tab H – Exceptions or modifications to the Draft Contract terms

J. Tab I – Vendor Accessibility Disclosure (Appendix C) and Documentation

Provide the completed and signed form along with a VPAT.

8. EVALUATION METHODOLOGY

A. Evaluation Process

A comprehensive, thorough, complete and impartial evaluation of each proposal received will be conducted in accordance with §24-103-203(7), C.R.S, which states, “The award shall be made to the responsible Offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration the price and evaluation factors set forth in the request for proposal.”

B. Evaluation Committee

i. An Evaluation Committee will be established utilizing measures to ensure the integrity of the evaluation process. These measures include the following:

a. Selecting committee members who do not have a conflict of interest regarding this solicitation.

b. Facilitating the independent review of proposals.

c. Requiring the evaluation of the proposals to be based strictly on the content of the proposals.

d. Ensuring the fair and impartial treatment of all Offerors.

ii. The objective of the Evaluation Committee is to conduct reviews of the proposals that have been submitted, to hold frank and detailed discussions among themselves, and to recommend an Offeror for award.

C. Proposal Evaluation Criteria

i. The State will evaluate proposals to determine if each Offeror meets all mandatory qualification requirements; provided, however, that the State has

V111324 RFP 25-018 Email/Chatbot Page 13 of 14 the authority to waive non-material mandatory requirements in certain circumstances. Reference Procurement Rule R-24-103-301-03. The mandatory qualification requirements are scored on a Met/Not Met basis and only those proposals found to meet all mandatory requirements, other than non-material mandatory requirements waived by the State, can be considered for a

Contract resulting from this solicitation.

ii. Proposals will be evaluated by the Evaluation Committee using the evaluation criteria listed below. The evaluators will consider whether the Scope of Work requirements in the solicitation have been addressed, and they will review the capabilities of the Offeror, as well as the quality of the approach proposed, the price, and any other aspect determined relevant to the evaluation criteria.

iii. The evaluation criteria to be used in evaluating the proposals are as follows

(and are listed in no particular order):

a. Technical/Business Proposal.

b. Administrative Considerations.

c. Experience.

d. Pricing.

D. Demonstrations and Discussions

i. The Evaluation Committee may, if it deems necessary, request clarifications, conduct discussions or oral presentations, or request best and final offers. Per

R-24-103-203-03, discussions may be held with responsible offerors whose proposals are determined to be reasonably susceptible to be selected for award to:

a. Promote understanding of the state’s requirements and the offerors’ proposals; and

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b. Facilitate a contract that will be most advantageous to the state taking into consideration price and the other evaluation factors set forth in the request for proposals.

ii. The Evaluation Committee may adjust its scoring based on the results of such activities. However, proposals may be reviewed and determinations made without such activities. Offerors should be aware that the opportunity for further explanation might not exist; therefore, Offerors should ensure that their submission is complete, and are encouraged to submit their best possible proposal, including pricing.

E. Single proposal

If only one bid or proposal is received in response to a solicitation, an award may be made to the single bidder or offeror if the procurement official finds that the price submitted is fair and reasonable and that other prospective bidders or offerors had reasonable opportunity to respond. Reference Procurement Rule R-

24-103-201-02(d).

F. Award

i. A Notice of Intent to Award will be published on Colorado VSS.

ii. The award determination is ultimately a business decision that will reflect an integrated assessment of the relative merits of the proposals received, using the factors set forth in in this solicitation. The State intends to award

Contract(s) to the Offeror(s) whose proposal(s), conforming to the solicitation, will be most advantageous to the State, price and other factors considered.

RFP 25-018 1

Title: Email/Chatbot Appendix A

RFP APPENDIX A- ADMINISTRATIVE INFORMATION

TABLE OF CONTENTS

TABLE OF CONTENTS 1

1. General Information

A. Cooperative Purchasing

B. Colorado Vendor Self Service

C. Offeror inquiries

D. Modifications and/or Supplemental Information to the Solicitation

E. Public Opening of Proposals

F. Pricing

G. Documents After Award

H. Incurring Costs

I. Confidentiality of Solicitation Process

J. Solicitation cancellation and/or Rejection of Offeror Proposals

K. News Releases and Announcements

L. Protested Solicitations and Award

2. Offeror proposal information

A. Proposal Submission Deadline

B. General Information for the Proposal Response

C. Timeliness of Proposal Submission

D. Legally Binding Offer

E. Offeror Proposal Content

F. Certification of independent price determination

G. Proposal Response Material Ownership

H. Submission of Confidential or Proprietary Information

I. Online Proposal Submission Instructions

J. Modifications or Withdrawal of Proposals

K. Mistakes and Minor Informalities in Offeror Proposals

L. Modifications to State Contract

M. Conflicts of Interest and Ethics

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N. Service Disabled Veteran Owned Small Businesses (SDVOSB)

O. Performance Outside of Colorado or the United States

P. Vendor Assistance

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1. GENERAL INFORMATION

A. Cooperative Purchasing

Reserved

B. Colorado Vendor Self Service

i. This solicitation is being published on Colorado Vendor Self Service (Colorado

VSS), so that Offerors who have an interest may submit a proposal in accordance with the terms of this solicitation.

ii. Vendors can self-register for this system free of charge or may click on “Public

Access” on the website to view solicitation documents and modifications without registering. Vendors are encouraged but not required to register prior to or at the time they submit their response. The State also recommends that interested vendors check Colorado VSS on a regular basis throughout this solicitation process.

iii. CCCS will require awarded vendors to register with ColoradoVSS.

iv. CCCS is also posting on the Rocky Mountain BidNet Direct system as a secondary posting for submissions. All proposals must be submitted via BidNet Direct.

C. Offeror inquiries

i. Offerors may submit written inquiries via email concerning this solicitation to obtain clarifications. The State may not accept inquiries after the date and time indicated in the Schedule of Activities. Send all inquiries to the

Procurement Contact identified in the Schedule of Activities within the main body of this RFP. Inquiries must be clearly marked with the RFP number and title. Where appropriate, inquiries should include references to any relevant

Section/paragraph of the solicitation.

ii. Responses to Offeror’s inquiries will be published collectively, as a modification on Colorado VSS. Offerors shall not rely on any verbal statements that alter any specification or other term or condition of the solicitation. Such changes are valid only if provided in writing by the Procurement Contact.

http://www.colorado.gov/vss

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D. Modifications and/or Supplemental Information to the Solicitation

iii. Any modifications, amendments or supplemental information to the solicitation will be published on Colorado VSS. A modification notice will be published on

Colorado VSS in the event that it becomes necessary to revise any part of this solicitation.

iv. It is the Offeror’s sole responsibility to check Colorado VSS on a regular basis, prior to the proposal submission deadline, as this is the primary means for communicating any clarifications or changes to solicitation content, timeline and/or requirements.

E. Public Opening of Proposals

A public proposal opening will be held virtually. Additional information regarding the public opening, including the date, time, and format of the opening, can be found in the Schedule of Activities within the main body of this RFP.

F. Pricing

v. Proposed pricing must remain firm during the initial term of the Contract.

vi. Pricing must include any fees associated with the delivery of the goods or services, including, but not limited to, shipping and installation.

G. Documents After Award

Prior to Contract execution, the awarded Offeror must provide the State with Proof of Good Standing with the Colorado Secretary of State and an insurance certificate documenting coverage according to the Model Contract found as an attachment to this solicitation. Offerors do not need to submit these documents unless they are awarded this solicitation.

H. Incurring Costs

Offerors are solely responsible for all costs incurred as a result of responding to this solicitation, which may include, but is not limited to, meetings, presentations, or negotiations.

I. Confidentiality of Solicitation Process

vii. Following the proposal submission deadline, individuals/entities may request from the Procurement Contact a list of the names of the responding Offerors.

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All other information related to the solicitation process will remain confidential until award.

viii. Following the Notice of Intent to Award, all Offeror proposals will be open to public inspection with the exception of information determined by the State to be a trade secret or confidential or proprietary. Reference §24-72-200.1 et seq., C.R.S., as amended, Colorado Open Records Act.

J. Solicitation cancellation and/or Rejection of Offeror Proposals

ix. In accordance with §24-103-301, C.R.S., and the related Procurement Rules, the State may cancel this solicitation, or any and all proposals may be rejected in whole or in part, without penalty, at any time before a Contract is executed, when it is in the best interest of the State. The reason and documentation supporting the decision to cancel the solicitation or reject proposal(s) shall remain confidential for the lesser of six months or until a Contract(s) is awarded by the State. Reference Procurement Rule R-24-101-401-05.

x. If the solicitation is cancelled after, proposals are received, the proposals that have been opened shall be retained in the procurement record, or if unopened, they will be disposed of, or returned to the Offerors upon request, at the

Offerors’ expense.

K. News Releases and Announcements

Offerors shall not issue any news releases, communications or announcements of any kind pertaining to this solicitation, without prior written approval by the State.

L. Protested Solicitations and Award

An aggrieved party may file a protest concerning a material issue(s), at any phase of solicitation, including but not limited to, specifications, award or a disclosure of information marked confidential in the proposal. The protest shall be submitted to the Colorado Community College System Official within ten (10) business days after such aggrieved person knows, or should have known, of the facts giving rise thereto.

Reference §24-109-102, C.R.S., as amended, and Procurement Rule R-24-109-102-

01, et seq. Protests should be submitted in writing via email to Terry Hindsman, Procurement Official at terry.hindsman@cccs.edu.

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2. OFFEROR PROPOSAL INFORMATION

A. Proposal Submission Deadline

See the Schedule of Activities within the main body of this RFP.

B. General Information for the Proposal Response

i. Offerors are encouraged to review the solicitation and any related appendices and attachments in their entirety to assure understanding of and compliance with the requirements that may be included in these documents.

ii. A proposal should be thorough, but not exhaustive, and it should address the requirements set forth in this solicitation and should provide sufficient details to allow the Evaluation Committee to determine whether the proposal demonstrates an understanding of the State’s requirements and contracting terms and conditions; the ability to meet the State’s needs, including the experience and resources necessary to carry out the work; and costs that are reasonable and consistent with the industry.

iii. The Offeror’s proposal and all attachments shall Comply with the standards of

Section 508 of the Rehabilitation Act of 1973, (29 USC § 794). The Offeror may not have an opportunity to re-draft their proposal and attachments to make them accessible to persons with vision impairments after the proposal submission deadline and in the event that the Department has evaluator(s) serving on an Evaluation Committee requiring accessibility, the Department may disqualify an Offeror’s proposal from evaluation.

C. Timeliness of Proposal Submission

i. Proposals received after the submission deadline shall not be opened and shall be rejected as a late proposal, unless otherwise permitted by the Procurement

Official in accordance with Procurement Rule R-24-103-201-10.

ii. Responsibility for ensuring that an Offeror’s proposal is received on time rests with the Offeror. Reasonably foreseeable problems inherent in the delivery of proposal are not extraordinary circumstances permitting acceptance of late proposals.

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D. Legally Binding Offer

An Offeror’s proposal submitted in response to this solicitation shall constitute a binding offer. The signature of the Offeror shall indicate acknowledgment of this condition. Signature shall be that of a person legally authorized to execute contractual obligations. The proposal, including pricing, shall allow for a minimum of 180 calendar days for acceptance by the State, unless otherwise specified in this solicitation. Reference Procurement Rule R- 24-103-201-11(d).

E. Offeror Proposal Content

The contents of the proposal of the awarded Offeror will become contractual obligations under the awarded Contract. Failure of the awarded Offeror to accept these obligations may result in cancellation of the award to that Offeror.

F. Certification of independent price determination

By its signature on the cover page, the Offeror certifies that the prices and other terms in the proposal have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the proposal by any other competing Offerors. For purposes of this paragraph, "consultation, communication, agreement with, or knowledge" does not include knowledge of prices or terms gained through availability of established price lists or catalogues made available to the public by the competing Offerors. No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a proposal for restricting competition. Reference §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992) as amended.

G. Proposal Response Material Ownership

All material submitted in response to this solicitation becomes the property of the

State.

H. Submission of Confidential or Proprietary Information

iii. The State of Colorado is subject to the requirements of §24-72-200.1, C.R.S., et seq., Colorado Open Records Act.

iv. An Offeror may submit, as a part of its proposal, a written request for classification of certain portions of the proposal as a trade secret or other

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confidential or proprietary information. Material for which the Offeror is requesting confidentiality shall be readily identifiable and separated from other portions of the proposal to facilitate public inspection of the non-confidential portion of the proposal. Commingling of confidential and non-confidential information is not acceptable. Neither price information nor any information that will be included in a resulting Contract will be considered confidential.

v. The Offeror must include the rationale for any request to classify portions as a trade secret or confidential or proprietary, including references to the authority that allows for such treatment.

vi. In no event shall an entire proposal be classified as confidential. 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.

vii. Any additional Offeror information, which may be part of the evaluation/negotiation process and for which an Offeror claims confidentiality, is subject to the same requirements and processes identified above.

I. Online Proposal Submission Instructions

i. For this solicitation, proposals will be accepted using an online submission application. Hard copy submissions will not be accepted. To use the online submission application, access the bid posting at BidNet Direct only. DO NOT submit your proposal via ColoradoVSS. Please note the following:

a. CCCS will not accept an e-mail, fax or other electronic response (Dropbox, Google Docs, Box.com, etc.) to this Request for Proposal..

b. Offerors should use the following naming convention for files submitted electronically: vendor name_bid title.

RFP 25-018 9

c. The solicitation submission application typically uploads proposals pretty quickly. Offerors are advised to submit proposals no later than one hour prior to the solicitation deadline to ensure the proposal has been received.

d. When proposals are submitted correctly, the application provides the opportunity to download submission confirmation. If you suspect there is any technical issue with the submission process, please notify the BidNet

Direct technical support team immediately.

ii. The solicitation submission application is only for proposal submission. All inquiries, questions, comments, or concerns should be submitted to the

Procurement Contact via email and not through the solicitation submission application unless otherwise stated in this document.

J. Modifications or Withdrawal of Proposals

An Offeror may modify or withdraw its proposal by written notice to the

Procurement Contact prior to the established proposal submission deadline.

Withdrawal of an Offeror’s proposal following the proposal submission deadline and prior to award, may be allowed, in the State’s discretion. Withdrawal of an

Offeror’s proposal after award is not allowed. Reference Procurement Rules R-24-

103-201-08 and R-24-103-201-09.

K. Mistakes and Minor Informalities in Offeror Proposals

In certain circumstances, an Offeror may correct a mistake(s) in its proposal and/or the State may waive minor informalities. Reference Procurement Rule R-24-103-201-

08.

L. Modifications to State Contract

i. A draft Contract is included with this solicitation and posted as a separate document.

ii. Offerors are instructed to review the attached draft Contract and submit any proposed modifications or redlines with their proposal. The decision to reject, accept, or further negotiate any requested changes will be at State’s

RFP 25-018 10

discretion. If an Offeror normally seeks counsel on Contract terms, they are advised to do so before submitting a proposal in response to this solicitation.

iii. In the event an Offerors requested modifications violate State law, regulation, or policy, or would otherwise not be justifiable as being in the best interest of the State, the State may make a determination that an Offeror’s proposal is no longer responsive and therefore ineligible for award.

M. Conflicts of Interest and Ethics

i. The Offeror must disclose in its proposal any potential or actual conflict of interest in connection with a response to this solicitation. A conflict of interest may include, but is not limited to, access to any non-public information by the

Offeror regarding the solicitation or its subject matter.

ii. The Offeror acknowledges that even the appearance of a conflict of interest may be harmful to the State’s interests. The Offeror shall disclose in its proposal whether there currently is, or potentially could be, the appearance of a conflict of interest regarding this solicitation, its staff, any proposed subcontractors or partners, or any related business with the State.

iii. Requirements set forth in this Section are continuing requirements throughout the solicitation process and, for the awarded Offeror, the Contract term, including any extensions. Reference §24-18-201, C.R.S., et seq. (Proscribed

Acts Related to Contracts and Claims); §24-50-507, C.R.S.(Conflict of Interest);

§18-8-301, C.R.S., et seq. (Bribery and Corrupt Influence); §18-8-401, C.R.S., et seq. (Abuse of Public Office); §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992); §24-109-105, C.R.S .(Debarment and Suspension); and Procurement

Rule R-24-101-107-01 (Ethics).

N. Service Disabled Veteran Owned Small Businesses (SDVOSB).

SDVOSB Offerors must submit documentation of certification issued through the U.S.

Department of veteran’s affairs in their proposal. §24-103-905 C.R.S. sets a 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

RFP 25-018 11

SDVOSB by the Center for Verification and Evaluation within the United States department of veteran’s affairs.

O. Performance Outside of Colorado or the United States

Awarded Offeror, per Section 24-102-206, C.R.S., prior to contracting shall disclose in a written statement whether it anticipates performing or subcontracting any services under the contract, where such subcontracted services will be performed under the contract, including any subcontracts, and whether any subcontracted services under the contract or any subcontracts are anticipated to be performed outside the United States or the state. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the vendor shall provide in its written statement a provision setting forth why it is necessary or advantageous to go outside the United States or the state to perform the contract or any subcontracts.

P. Vendor Assistance

Any vendors needing support responding to solicitations may contact the Colorado

Supplier Diversity Navigator at the Statewide Equity Office of Supplier Diversity.

Services provided include assistance with responding to solicitations, interpretation of solicitation documents, technical assistance referrals, availability of resources, and bond assistance through the Construction Statewide Bond Assistance Program.

The office can be reached during normal business hours by calling 303-866-5765 or emailing DPA_SupplierDiversityHelp@state.co.us.

https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_statewide-2Dequity-2Doffice_supplier-2Ddiversity&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=AHk9LQL8xQKwtYW6AlMhIpKhc64M4gHnBm1wvGiKqhU&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_supplier-2Ddiversity_construction-2Dand-2Dbond-2Dassistance&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=zAjgTZu5BkDViYCi42ZSaaEFbnZ4EzaMtQulSrBPsw8&e= mailto:DPA_SupplierDiversityHelp@state.co.us

RFP 25-018 12

2.1 FERPA COMPLIANCE

The awarded vendor shall comply with the Family Education Rights and Privacy Act

(FERPA) in its collection and use of Student Education Records. If Contractor will have access to Student Education records as defined under FERPA, the Contractor acknowledges that for the purpose of this Contract it will be designated as a “school official” with “legitimate educational interests” in the Student Education Records, as those terms have been defined under FERPA and its implementing regulations, and the

Contractor agrees to abide by the limitations and requirements imposed on school officials. The Contractor will use the Student Education Records only for the purpose of fulfilling its duties under this Contract for the State’s benefit and will not share such data with or disclose it to any third party except as provided for in this Contract, required by law, or authorized in writing by the State. Contractor will return or destroy Student

Educational Records within a reasonable time upon completion of this Contract, in accordance with the provisions of FERPA.

Appendix B

APPENDIX B

VENDOR DISCLOSURE STATEMENT

Contract Performance Outside the United States or Colorado

Colorado Revised Statute 24-102-206

To the extent the vendor has not disclosed the following information in the Statement of

Work, this form shall be completed and returned to the contracting agency. This applies to all state contracts and solicitation for services executed after August 3, 2007.

Vendor Name: _____________________________________

Are any services under the contract or any subcontracts anticipated to be performed outside the United States or Colorado?

Yes ___ No ___

If “Yes”, please complete the following three questions:

1. Where will the services be performed under the contract, including any subcontracts?

(List country(ies) and/or state(s).)

2. What is the total percentage of contract performance outside US or Colorado?

3. Explain why it is necessary or advantageous to go outside of the United States or the

State of Colorado to perform the contract or any subcontracts.

Not required for contracts to which the State is a party under:

• Medicare

• The “Colorado Medical Assistance Act”, Articles 4 to 6 of Title 25.5 CRS

• The “Children/s Basic Health Plan Act”, Article 8 of Title 25.5, CRS

The “Colorado Indigent Care Program”, Part I of Article 4 of Title 25.5, CRS

Appendix C

CCCS Vendor Accessibility Disclosure Form

A. Purpose

CCCS is committed to facilitating access to its services, programs, and activities, including instruction, communication, and business processes, for the broadest possible audience. CCCS strives to employ principles of Universal Design and meet or exceed the requirements of the Governor’s Office of Information Technology Rules Establishing Technology Accessibility Standards in the design, development, implementation, and enhancement of its information and communication technology.

B. Scope

This procedure applies to the Colorado Community College System, including its Colleges (CCCS or System).

This procedure applies to information and communication technology (ICT) which includes, but is not limited to, websites, instructional materials, online services, software applications, multimedia content, and kiosks that are developed or maintained by entities within CCCS. The System must ensure that ICT is accessible for use by faculty, staff, students, prospective students, and the public.

This procedure does not apply to unauthorized web pages published by students or employees, which are not used to conduct CCCS business or instructional activities.

Furthermore, this procedure does not apply to third-party content linked to a CCCS website, unless the third-party site or web content is used to allow members of the public to participate in or benefit from CCCS services, programs, or activities.

C. Accessibility Procedure

Board Policy (BP) 3-125, Electronic Communication Policy SP 19-60c – Digital Accessibility

D. Vendor Information

Vendor Name:

DBA:

Vendor Contact:

Email:

Vendor Address:

City/State/Zip:

Phone:

E. Product Information

i. Product 1

Product Name: Version: Released:

ii. Product 2

Product Name: Version: Released:

https://cccs.edu/about/governance/policies-procedures/sp-19-60c-digital-accessibility/

F. General Responsibility

These products or applications are WCAG 2.1 Level AA compliant.

These products or applications are not WCAG 2.1 Level AA compliant and the vendor is working towards being compliant.

If either box above is checked, please fill out a VPAT and return with this form.

These products or applications are not WCAG 2.0 Level AA compliant and the vendor is not working towards being compliant.

G. Certification

I certify that the information set forth in or attached to this Vendor Accessibility Disclosure

Form is true and correct to the best of my knowledge. I further understand that making any false statements in this form or any attachment may negatively impact our company from being awarded pursuant to the procurement process.

Signature:

X

Name:

Date:

For CCCS Use Only

Project Name: Email/Chatbot

Contract #:

Solicitation #: 25-018 http://www.itic.org/dotAsset/9893d84b-efc7-460a-97ed-851477def5c4.docx