7. Exhibit G - General Administrative Information.pdf

Exhibit G - Administrative Information.

TABLE OF CONTENTS

1. GENERAL ADMINISTRATIVE INFORMATION

A. SECURITY PROVISIONS

B. TRAINING REQUIREMENTS

C. PRISON RAPE ELIMINATION ACT

D. HIPAA COMPLIANCE

E. COOPERATIVE PURCHASING

F. CONFIDENTIALITY OF SOLICITATION PROCESS

G. COLORADO VENDOR SELF SERVICE AND BIDNETDIRECT.COM//CDOC

H. MODIFICATIONS AND/OR SUPPLEMENTAL INFORMATION TO THE SOLICITATION

I. RFP CANCELATION/REJECTION OF QUOTE(S)

J. MODIFICATIONS OR WITHDRAWAL OF QUOTES

K. MISTAKES AND MINOR INFORMALITIES IN OFFEROR QUOTES

L. NEWS RELEASES AND ANNOUNCEMENTS

M. LEGAL BINDING OFFEROR

N. OFFEROR PROPOSAL CONTENT

O. QUOTE RESPONSE MATERIAL OWNERSHIP

P. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

Q. SUBMISSION OF CONFIDENTIAL OR PROPRIETARY INFORMATION

R. MODIFICATIONS TO STATE CONTRACT

S. ETHICS AND CONFLICTS OF INTEREST

T. PROTESTED SOLICITATIONS AND AWARDS

U. PERFORMANCE OUTSIDE OF COLORADO

V. SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB) (REF. §24-103-905,

C.R.S., ET SEQ.)

W. PREFERENCES

X. VENDOR ASSISTANCE

1. GENERAL ADMINISTRATIVE INFORMATION

A. Security Provisions

i. All CDOC correctional facilities have significant security requirements, which make it necessary for the contractor to communicate and coordinate work with CDOC staff for the efficient delivery of goods and services.

ii. All Contractor personnel who come onto CDOC property shall be subject to a CDOC criminal background check and shall be receive prior CDOC approval and shall be required to sign a “Consent to Search Authorization” form before CDOC shall permit access to any correctional facility.

iii. Approved individuals shall be subject to search of person or vehicle at any time while in any CDOC facility or on CDOC grounds.

iv. In the event of a facility disturbance or event, CDOC may temporarily detain the entry and exit of all traffic from the facility. All reasonable efforts shall be made to release the Contractor’s personnel and any equipment as quickly as possible while maintaining the security of the CDOC facility.

v. Cell phones, cameras, tablets, and laptops will be restricted on all CDOC properties. Accommodations may be made if prior approval is requested at least 4 days in advance, subject to the discretion of the individual facility. East Canon Correctional Prison Complex does not allow cell phones, cameras, tablets, and laptops past checkpoint without prior authorization.

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

B. Training Requirements

i. Offeror’s staff providing services at CDOC facilities must agree to complete the required CDOC training and abide by all Departmental rules and regulations, including those of each facility in which they provide services. This may include, but is not limited to: Prison Rate Elimination Act (PREA) guidelines and procedures, computer usage policies and regulations, HIPAA regulations, CDOC Administrative Regulations, Consent to Search and Contraband policies and Divisions and Facility Operational directives and memoranda.

Required training may be reimbursed at the hourly rates, but is not guaranteed to be reimbursed. Offender staff must have completed training prior to reporting to work for CDOC.

ii. Additional training requirements may include:

a. Offeror staff must successfully complete Use of Force training and thirty-two (32) hours/four (4) days of Defensive Tactics (DT) training. This training must be completed in person. If Contractor’s staff should fail to successfully pass the class (initial or refresher) they will not be eligible to work at CDOC.

b. Use of Force, and DT are valid for one (1) year from date of completion.

Offeror staff are required to complete CTI online training and in-person DT training refreshers annually within one (1) year of the date of the previous DT course.

c. In the event Offeror staff who are on assignment with CDOC fall out of compliance with CDOC mandatory annual online training and in person DT refresher training.

d. Contractor is required to send an electronic copy of the initial CTI and DT training certificate of completion to the principal representative or designee in the Contract if awarded every year thereafter if staff are on active assignment.

C. Prison Rape Elimination Act If applicable the Offeror shall comply with the Final rule of the Prison Rape Elimination Act (PREA) of June 20, 2012 (federal Law 34 U.S.C. 30301) and all applicable PREA standards and the agency’s policies.

D. HIPAA Compliance If applicate the Offeror shall comply with the HIPAA Business Associate Agreement (Attachment B).

E. Cooperative Purchasing In accordance with §24-110-201, C.R.S., and all applicable regulations, the award under this solicitation will be for one or more cooperative purchasing agreements available for use by the contracting state agency, other state agencies, state institutions of higher education, political subdivisions (e.g., cities, counties, schools) and eligible non-profit entities (certified pursuant to §24-110-207.5 C.R.S.) under the terms, conditions and rates set forth in the Contract or Purchase Order. Each agency or entity ordering goods or services under the Contract or Purchase Order will be responsible for all costs and expenses incurred in connection with its orders.

F. Confidentiality of Solicitation Process

i. Following the proposal submission deadline, individuals/entities may request from the Procurement Contact a list of the names of the responding Offerors. All other information related to the solicitation process will remain confidential until award.

ii. Following the Notice of Intent to Award, all Offerors proposals will be open to the 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.

G. Colorado Vendor Self Service and Bidnetdirect.com//cdoc

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

(Colorado VSS) at www.colorado.gov/vss, and Bidnetdirect.com//cdoc, so that Offerors who have an interest may submit the Requested Information to bidnetdirect.com//cdoc in accordance with the terms of this solicitation.

ii. Offerors can self-register for Colorado VSS and BidnetDirect.com//cdoc free of charge. On Colorado VSS you may click on “Public Access” on the website to view solicitation documents and modifications without registering. Offerors are encouraged but not required to register prior to or at the time they submit their response. The State also recommends that interested Offerors check Colorado VSS and Bidnetdirect.com//cdoc on a regular basis throughout the solicitation process.

H. Modifications and/or Supplemental Information to The Solicitation

i. Any modifications, amendments or supplemental information to the solicitation will published on Colorado VSS and Bidnetdirect.com//cdoc. A modification notice will be published on Colorado VSS and Bidnetdirect.com//cdoc in the event that it becomes necessary to revise any part of this solicitation.

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

I. RFP Cancelation/Rejection of Quote(s)

i. In accordance with §24-103-301, C.R.S., and the related Procurement Rules, the

State may cancel this solicitation, or any and all Quotes may be rejected in whole or in part, without penalty, at any time before a Contract or purchase order 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 Quote(s) shall remain confidential for the lesser of six months or until a Contract or purchase order is awarded by the State. Reference Procurement Rule R-24- 101-401-05.

ii. If the solicitation is canceled after, Quotes are received, the Quotes that have been opened shall be retained in the procurement record, or if unopened, they will be disposed of, or returned to the Offeror upon request at the Offerors’ expense.

J. Modifications or Withdrawal of Quotes An Offeror may modify or withdraw its Quote by written notice to the Procurement Contact prior to the established Quote submission deadline. Withdrawal of an Offeror’s Quote following the Quote submission deadline and prior to award, may be allowed, in the State’s discretion. Withdrawal of an Offeror’s Quote 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 Quotes In certain circumstances, an Offeror may correct a mistake(s) in its Quote and/or the State may waive minor informalities. Reference Procurement Rule R-24-103-201-08.

L. 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.

M. Legal Binding Offeror

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 personal legally authorized to execute contractual obligations. The bid, 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).

N. Offeror Proposal Content The contents of the Quote of the awarded Offeror and any modifications to the Quote negotiated by the State included in the resulting Contract or Purchase Order will become contractual obligations. Failure of the awarded Offeror to accept these obligations may result in cancellation of the award to that Offeror

O. Quote Response Material Ownership All material submitted in response to this solicitation becomes property of the State.

P. Certification of Independent Price Determination By submitting a Quote, the Offeror certifies that the prices and other terms in the Quote have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the Quote by any other competing Offeror. 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 Quote for restricting competition. Reference §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992) as amended.

Q. Submission of Confidential or Proprietary Information

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

ii. An Offeror may submit, as a part of its Quote, a written request for classification of certain portions of the Quote as a trade secret or other confidential or proprietary information. Material for which the Offeror is requesting confidentiality shall be readily identifiable and separated from other portions of the Quote to facilitate public inspection of the non-confidential portion of the Quote. Commingling of confidential and non-confidential information is not acceptable. Neither price information nor any information that will be included in a resulting Contract or purchase order will be considered confidential.

iii. 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.

iv. A complete redacted Quote response should also be included along with an unredacted Quote and confidentiality justification.

v. In no event shall an entire Quote 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.

vi. 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.

R. Modifications to State Contract

i. A draft Contract or the State Purchase Order terms and conditions is included in

Exhibit H to this solicitation.

ii. Offerors are instructed to review the attached draft Contract and submit any proposed modifications or redlines with their Quote. The decision to reject, accept, or further negotiate any requested changes will be at State’s discretion. If an Offeror normally seeks counsel on Contract terms, they are advised to do so before submitting a Quote in response to this solicitation.

iii. In the event that an Offeror’s 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 decide that an Offeror’s Quote is no longer acceptable and therefore ineligible for award. The section of the Contract identified as the Colorado Special Provisions are considered non-negotiable.

S. Ethics and Conflicts of Interest

i. The Offeror must disclose in its Quote 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 Quote 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 or Purchase Order 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).

T. Protested Solicitations and Awards

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 Quote. “Material issue” means a nontrivial defect in the solicitation or award that would prejudice the outcome of the procurement. The presence of multiple nonmaterial issues in a solicitation or award does not constitute a material issue unless the aggrieved party can establish that those nonmaterial issues together would prejudice the outcome of the procurement.” The protest shall be submitted to the CDOC Procurement Official within three (3) 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 to the following:

Tina Fay Associate Director of Procurement Tina.m.fay@state.co.us

U. Performance Outside of Colorado 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. Please see Exhibit E.

V. Service Disabled Veteran Owned Small Businesses (SDVOSB) (Ref. §24-103-905, C.R.S., Et Seq.)

i. SDVOSB Offerors must submit documentation of certification issued through the appropriate United States agency in their Proposal. §24-103-905 C.R.S. sets a SDVOSB goal of at least three (3) percent of all contracts by dollar value by awarded to SDVOSB’s 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 Verification and Evaluation within the appropriate United States Agency that verifies that the business is a service-disabled veteran-owned small business.

ii. Verified SDVOSB Offers shall receive a preference of 5% on their Quote. This preference applies only to the Quote price, and the SDVOSB Offeror must still meet all other requirements of this solicitation.

W. Preferences A. Low Tie Bids (see §24-103-902, C.R.S., Et Seq.)

If two or more responsible, responsive bids are tied as the lowest bids, the State shall follow the procedures as described in §24-103-902, C.R.S., et seq., which provide a preference to resident bidders.

B. Environmentally Preferable Purchasing (See §24-103-904, C.R.S., Et Seq.)

Offerors responding to this solicitation may seek to qualify for the preference and governmental bodies conducting this solicitation shall award a contract or purchase order to an Offeror who offers environmentally preferable products subject to the conditions in the Code and Procurement Rules.

C. Resident Bidder Preference (See §24-103-906 C.R.S., Et Seq.)

i. Except as otherwise provided, a Colorado resident bidder shall be allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident.

ii. If it is determined by the State that compliance with this section may cause denial of federal moneys which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.

D. Preference for State Agricultural Products (See §24-103-907 C.R.S., Et Seq.)

In a solicitation for agricultural products, the State shall provide a preference to a resident bidder as described in §24-103-907 C.R.S., et seq.

E. Recycled Plastics Preference (See §24-103-909 C.R.S., Et Seq)

i. A bidder who has used recycled plastics in the manufacture of the commodity or supplies described in this bid shall be allowed a preference of up to five (5) percent for finished products that contain no less than ten (10) percent recycled plastics.

ii. If it is determined by the State that compliance with this section may cause denial of federal moneys which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.

X. 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 solicitation, 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.