ACC DQ 27-1-7126 NASA Hub Independent Evaluator.pdf

Version 06.2026

Documented Quote

ACC DQ 27-1-7126

NASA Hub Independent Evaluator

Documented Quote Summary Sheet

The information found in this summary sheet is for reference purposes only. Vendors or other interested parties are cautioned to review the solicitation, including any later amendments, in its entirety and contact the listed Point of Contact with any questions.

1. POINT OF CONTACT- CRISTINA DUKE, ASSISTANT DIRECTOR OF PURCHASING, ACC

EMAIL: CRISTINA.DUKE@ARAPAHOE.EDU

2. IMPORTANT DATES:

A. Publication Date- 8/12/2026

B. Deadline for Questions- 8/17/2026

C. Quote Submission Deadline- 8/24/2026

3. OVERVIEW AND GOALS:

Arapahoe Community College (ACC) seeks an Independent Evaluator to lead a three-year mixed-methods evaluation of a NASA Aerospace Skilled Technical Workforce Hub

(NAS_Hub). Required: relevant advanced degree; substantial experience with federally funded post-secondary evaluations (preferably two-year institutions), NASA project experience, and peer-reviewed publications. Scope includes rigorous quantitative/qualitative assessment of recruitment, faculty PD effects, partner engagement, employer confidence, curriculum relevance, student pathways and outcomes, and enrollment trends. A NASA-templated Comprehensive Evaluation Plan is due within 30 days of award in collaboration with Project PI. Budget: Independent

Evaluator budget and deliverables: Year 1 — $40,000 for evaluation design, a

Comprehensive Evaluation Plan due within 30 days post-award, and Year 1 evaluation activities/report; Year 2 — $30,000 for ongoing evaluation activities and the Year 2 report; Year 3 — $40,000 for continued evaluation activities, the final evaluation report, and assistance drafting/submitting a research paper to reputable journals.

4. REQUIREMENTS:

A. In your submission, please provide information on the previous qualifications in the following areas, See section 4.C below.

mailto:cristina.duke@arapahoe.edu

• Has a proven track record in working with federally funded projects, specifically NASA grants.

• Is familiar with various evaluations design methodologies and tools.

• Please provide examples of previous work or case studies that align with the project.

B. CONTRACTOR PROJECT COSTS

• Submit proposal for how you would provide these services, cost, and timelines.

• Basis for Price Determination: the projected timeline and budget is for 3 years not to exceed $110,000. It is anticipated that more funds will be needed to complete tasks in year 1 and year 3.

• Contractor shall include a cost-reimbursement budget that explains the salary, benefits, travel, equipment, supplies, contractual, other, and indirect cost components of this work. Indirect costs must be kept to the minimum necessary to complete this work and should not exceed 10% of direct costs.

5. REQUESTED QUOTE FORMAT:

A. See section 4.C BELOW

6. QUOTE SUBMISSION INSTRUCTIONS:

B. Respondents shall submit Quotes via email to the Procurement Point of Contact identified above. The Quote submission email should include the subject line

“Quote submission from (Insert Respondent Name) for ACC DQ 27-1-7126 NASA

Hubs Independent Evaluator”

C. Ensure all requested attachments are included

D. A Quote received after the submission deadline may, at the sole discretion of the

State, be rejected without further consideration.

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TABLE OF CONTENTS

TABLE OF CONTENTS

1. SOLICITATION INFORMATION

A. Introduction

B. Background, Overview and Goals

C. Anticipated Term ......................................... Error! Bookmark not defined.

D. Schedule of Activities

E. Procurement Point of Contact

F. Respondent Inquiries ..................................... Error! Bookmark not defined.

2. REQUIREMENTS

A. Accessibility Requirements

B. Insurance Requirements

C. Mandatory/Minimum Requirements

3. SCOPE OF WORK/SPECIFICATIONS

4. QUOTE SUBMISSION INFORMATION

A. Email Quote Submission Instructions

B. Timeliness of Quote Submission

C. Quote Format and Content

D. Pricing

5. AWARD

A. Basis for Award (See Procurement Rule R-24-103-204-01)

B. Negotiations

C. Single Quote

D. Notice of Award

E. Documents After Award

6. GENERAL ADMINISTRATIVE INFORMATION

A. Colorado Vendor Self Service

B. Modifications and/or Supplemental Information to the Solicitation

C. Solicitation Cancellation and/or Rejection of Quotes

D. Modifications or Withdrawal of Quotes

E. Mistake and Minor Informalities in Respondent Quotes

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F. News Releases and Announcements

G. Not a Legally Binding Offer

H. Respondent Quote Content

I. Quote Response Material Ownership

J. Certification of Independent Price Determination

K. Submission of Confidential or Proprietary Information

L. Modifications to the State Contract

M. Ethics and Conflicts of Interest

N. Protested Solicitations and Awards

O. Performance Outside of Colorado

P. Service Disabled Veteran Owned Small Businesses (SDVOSB) (ref. §24-103-905, C.R.S., et seq

Q. Vendor Assistance

APPENDIX A ……………………………………………………….…………………………………………………………18

APPENDIX B……………………………………………………………………...……………………………….…………19

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1. SOLICITATION INFORMATION

A. Introduction

On behalf of the State of Colorado, Arapahoe Community College is issuing this Documented Quote (DQ) for a NASA Hub Independent Evaluator

B. Background, Overview and Goals

ACC seeks to engage an Independent Evaluator (IE) to conduct evaluation of a

NASA Aerospace Skilled Technical Workforce Hub (NAS_Hub) project. Minimum requirements for an IE includes experience in evaluating federally funded grant projects in a post-secondary setting, preferably with two-year institutions of higher education and including experience with NASA grant funded projects. An IE must have a relevant advanced degree, and have a successful track record of published, peer-reviewed results from prior evaluations.

The Independent Evaluator should also have substantial experience in designing and implementing program evaluations for federally funded projects. Our project requires expertise in creating effective and reliable evaluations strategies to gather and meaningful data and assess project implementation.

While some of the evaluation design details may change upon the engagement of a professional expert evaluator, the scope of the engagement will be premised upon the following quantitative and qualitative research questions:

• How successful are recruitment efforts in attracting students to the program, particularly from local high schools and workforce centers?

• To what extent does participation in professional development activities improve faculty/instructor knowledge and confidence in teaching the NASA and

CSI curriculum?

• How engaged and invested are project partners?

• How confident are local aerospace industry employers in the ability of CSI to adequately meet workforce needs?

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• To what extent is the new curriculum meaningful and engaging to students?

• Do participating students plan to continue their aerospace education and/or seek employment in the industry?

• Are participating students confident in their ability to pursue an aerospace career?

• Are students enrolled in the courses persisting, succeeding, and completing?

• Are students demonstrating knowledge and skill gains from pre- to post-completion of individual courses?

• Are there increases in enrollment over the course of the project?

• Are students successful in their certificate or degree program as evidenced by grade average, persistence, retention, and completion?

The IE is also expected to complete a Comprehensive Evaluation Plan (CEP) within

30 days of award following a specific template provided by NASA. The CEP must provide an overview of the project, evaluation design and methodology (including evaluation questions similar to above), project timeline, and risk mitigation strategy. The IE is expected to complete the CEP in a timely fashion while working closely with the project PI.

The CEP will create clear expectations for all stakeholders, ensure the Project is meeting stated expectations, and allow Project leaders to quickly identify, address, and learn from implementation gaps, ensuring the Project is implemented consistently and with fidelity in each project year. The CEP and annual evaluation reports will provide contextual information to enable the evaluator and the

Project stakeholders to understand and explain positive or negative findings and allow course corrections as needed to boost Project effectiveness and impact.

Minimum anticipated deliverables related to evaluation for this grant are as follows:

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Within 30 days of this Award: Evaluation design; Create CEP for submission by PI no later than October 1, 2026.

BUDGET

• Year 1: IE estimated at $40,000 in year 1 for evaluation design, comprehensive evaluation plan (60 days post-award), and evaluation activities including year-1 evaluation report.

• Year 2: IE estimated at $30,000 in year 2 for evaluation activities including year- 2 evaluation report.

• Year 3: IE estimated at $40,000 in year 3 for evaluation activities including final evaluation report and assistance with research paper and submission to relevant, reputable journals for dissemination.

C. Anticipated Term

i. The anticipated term of the Contract or Purchase Order resulting from the award of this solicitation is from the date of award (effective upon execution) through June 30, 2029, contingent on continued NASA grant funding and satisfactory performance.

ii. The State is not responsible for any goods delivered or services performed by the awarded Respondent without a State issued Contract or Purchase Order.

D. Schedule of Activities

i. 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 stated in Mountain Time

(MT), as adjusted for daylight savings.

a. The date of publication for this solicitation on Colorado VSS is 8/12/26

b. Written inquiries must be submitted to cristina.duke@arapahoe.edu no later than 8/17/26 12:00 PM MST.

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c. The estimated date for the State’s responses to vendors’ written inquiries to be published on Colorado VSS is 8/19/26 E.O.D.

d. All quotes must be submitted in the method described below no later than 8/24/26 12:00 PM MST.

e. The estimated date for award selection and notification is 8/25/26

E.O.D.

f. The estimated Contract or Purchase Order start date is 8/31/26

E. Procurement Point of Contact

i. The State’s sole point of contact for this solicitation is Cristina Duke, Assistant Director of Purchasing, who may be reached via email at cristina.duke@arapahoe.edu.

F. Respondent Inquiries

i. Respondents may submit written inquiries via email concerning this solicitation to obtain clarifications. The State, in its sole discretion, may or may not accept inquires received after the date and time indicated on the

Schedule of Activities.

ii. Send all inquiries to the Procurement Point of Contact listed above. Inquiries should be clearly marked with the solicitation number and title. Where appropriate, inquiries should include references to any relevant Section and paragraph of the solicitation.

iii. Responses to Respondent inquiries will be published on Colorado VSS collectively, as an amendment to the solicitation. Respondents 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.

2. REQUIREMENTS

A. Accessibility Requirements

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i. All work performed as a result of this solicitation must comply with all applicable provisions of §§24-85-101, C.R.S., et seq., and the Accessibility

Standards for Individuals with a Disability, as established by the Office Of

Information Technology pursuant to §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.

B. Insurance Requirements

The awarded Respondent will be required to submit a certificate(s) of insurance evidencing insurance coverage for 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 Appendix B, prior to execution of the

Contract or Purchase Order.

C. Mandatory/Minimum Requirements

i. Mandatory requirements

• Hold a relevant advanced degree.

• Demonstrate a successful track record of published, peer-reviewed results from prior evaluations.

• Have experience evaluating federally funded grant projects in a post-secondary setting.

• Have experience with NASA grant-funded projects.

• Demonstrate expertise to create effective, reliable evaluation strategies that collect meaningful data and assess project implementation.

ii. Preferred requirements

• Have substantial experience designing and implementing program evaluations for federally funded projects.

• Have experience working with two-year institutions of higher education (e.g., community colleges).

3. SCOPE OF WORK/SPECIFICATIONS

i. conduct evaluation of a NASA funded three-year NexGen STEM (NGS) project

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ii. complete a Comprehensive Evaluation Plan (CEP) within 30 days of award following a specific template provided by NASA

iii. provide an overview of the project, evaluation design and methodology

(including evaluation questions similar to above), project timeline, and risk mitigation strategy.

iv. create clear written goals and expectations for all stakeholders, ensure the

Project is meeting stated expectations, and allow Project leaders to quickly identify, address, and learn from implementation gaps, ensuring the Project is implemented consistently and with fidelity in each project year.

v. Provide annual evaluation reports that provide contextual information to enable the evaluator and the Project stakeholders to understand and explain positive or negative findings and allow course corrections as needed to boost

Project effectiveness and impact.

4. QUOTE SUBMISSION INFORMATION

A. Email Quote Submission Instructions

i. Respondents shall submit Quotes via email to the Procurement Point of

Contact identified above. The Quote submission email should include the subject line “Quote submission from (Insert Respondent Name) for ACC DQ

27-1-7126 NASA Hub Independent Evaluator”

ii. Quotes should be included as one or more attachments of commonly accessible file types.

B. Timeliness of Quote Submission

A Quote received after the submission deadline may, at the sole discretion of the

State, be rejected without further consideration.

C. Quote Format and Content

Submissions must be emailed and must include the following information and organized in the format shown below with a max of 15 pages double-sided (8.5x11, 11-pt font), excluding Appendix A. Appendix A must include the signature of approved offeror and acknowledgement of addendum. Email with attachments cannot exceed 25mb.

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1. Appendix A

2. Pricing and Timeline

• Submit a 3-year proposal not to exceed $110,000 total.

• Provide a schedule of work and major milestones for each year.

3. Qualifications (address all items below)

• Proven track record on federally funded projects, specifically NASA grants.

• Familiarity with evaluation design methodologies and tools; describe approaches used.

• Minimum requirements: relevant advanced degree; experience evaluating federally funded grants in post-secondary settings (preferably two-year IHEs);

experience with NASA-funded projects; successful record of peer-reviewed, published evaluation results.

• Substantial experience designing and implementing program evaluations for federally funded projects.

• Provide 2–3 examples or brief case studies aligned to this project (include client, role, methods, outcomes, and links/citations to publications if available).

4. Comprehensive Evaluation Plan (CEP)

• Confirm use of NASA CEP template and delivery within 60 days of award.

• Provide a high-level CEP outline (sections, methods, timeline, risk mitigation) and inputs needed from ACC/PI.

5. Past Performance and Publications

• List 3–5 relevant evaluations (federal and NASA preferred) with client references.

• Include at least 1 peer-reviewed publication from prior evaluations

(citation/link).

6. Compliance

• Confirm ability to meet insurance requirements and to execute ACC/NASA terms, data security, and confidentiality.

• Disclose any conflicts of interest (or state none).

D. Pricing

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

Purchase Order.

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

7. AWARD

1. Basis for Award (See Procurement Rule R-24-103-204-01)

i. This solicitation and the resulting Contract(s) or Purchase Order(s) will be awarded to the Respondent(s) responsible whose acceptable Quote is determined to be the most advantageous to the State, with price/cost being the primary consideration. Other considerations may include, but are not limited to, sample quality, and lead time for delivery.

ii. “Acceptable” means that the goods or services submitted in the Respondent’s

Quote will meet the state’s needs, and that the price is fair and reasonable.

The determination of whether a Respondent’s Quote is acceptable is solely within the State’s discretion.

2. Negotiations

The State may negotiate with any Respondent to clarify the Respondent’s Quote or to effect modifications that will make the Quote Acceptable or more advantageous to the State; however, any requirements identified in this solicitation may not be negotiated. Reference Procurement Rule R-24-103-204-01(d).

3. Single Quote

If only one Quote is received in response to this solicitation, an award may be made to the single Respondent if the procurement official finds that the price submitted is fair and reasonable and that other prospective Respondents had reasonable opportunity to respond to the solicitation. If the price submitted is not fair and reasonable and there is not adequate time for re-solicitation, the procurement official may enter into competitive negotiations in accordance with

Procurement Rule R-24-103-208-02.

4. Notice of Award

A notice of the intent to award will be announced on Colorado VSS.

5. Documents After Award

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Prior to Contract or Purchase Order execution, the awarded Respondent must provide the State with proof of Good Standing with the Colorado Secretary of State and an insurance certificate documenting coverage as required by the Contract or

Purchase Order.

8. GENERAL ADMINISTRATIVE INFORMATION

1. 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.

a. 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.

B. Modifications and/or Supplemental Information to the Solicitation

i. 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.

ii. It is the Respondent’s sole responsibility to check Colorado VSS 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.

C. Solicitation Cancellation and/or Rejection of Quotes

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 http://www.colorado.gov/vss

Version 02.2026 Documented Quote Page 12 of 17 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 Respondent upon request at the

Respondents’ expense.

D. Modifications or Withdrawal of Quotes

A Respondent may modify or withdraw its Quote by written notice to the

Procurement Contact prior to the established Quote submission deadline.

Withdrawal of a Respondent’s Quote following the Quote submission deadline and prior to award, may be allowed, in the State’s discretion. Withdrawal of a

Respondent’s Quote after award is not allowed. Reference Procurement Rules R-

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

E. Mistake and Minor Informalities in Respondent Quotes

In certain circumstances, a Respondent may correct a mistake(s) in its Quote and/or the State may waive minor informalities. Reference Procurement Rule R-

24-103-201-08.

F. News Releases and Announcements

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

State.

G. Not a Legally Binding Offer

Neither this solicitation nor a Respondent’s Quote submitted in response to this solicitation constitute a legally binding offer. Reference Procurement Rule R- 24-

103-204-01(b).

H. Respondent Quote Content

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The contents of the Quote of the awarded Respondent 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 Respondent to accept these obligations may result in cancellation of the award to that

Respondent.

I. Quote Response Material Ownership

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

State.

J. Certification of Independent Price Determination

By submitting a Quote, the Respondent 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 Respondent. 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 Respondents. No attempt has been made or will be made by the Respondent 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.

K. 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. A Respondent 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 Respondent 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

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iii. The Respondent 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 Respondent’s request is exempt from disclosure in accordance with §24-72-204, C.R.S., and shall inform the Respondent in writing of his or her determination. If the Respondent does not agree with the determination, the Respondent 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 Respondent information, which may be part of the evaluation/negotiation process and for which a Respondent claims confidentiality, is subject to the same requirements and processes identified above.

L. Modifications to the State Contract

i. A draft Contract or the State Purchase Order terms and conditions is included in Appendix B to this solicitation.

ii. Respondents 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 a Respondent normally seeks counsel on Contract terms, they are advised to do so before submitting a Quote in response to this solicitation.

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iii. In the event that a Respondent’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 make a determination that a

Respondent’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.

M. Ethics and Conflicts of Interest

i. The Respondent 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 Respondent regarding the solicitation or its subject matter.

ii. The Respondent acknowledges that even the appearance of a conflict of interest may be harmful to the State’s interests. The Respondent 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 Respondent, 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).

N. 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

Version 02.2026 Documented Quote Page 16 of 17 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 Arapahoe Community

College 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 via email to cristina.duke@arapahoe.edu

O. Performance Outside of Colorado

Awarded Respondent, 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. Service Disabled Veteran Owned Small Businesses (SDVOSB) (ref. §24-103-905, C.R.S., et seq

i. SDVOSB Respondents must submit documentation of certification issued through the U.S. Small Business Administration in their Quote. §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 SDVOSB by the United States Small

Business Administration.

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Q. Vendor Assistance

Any vendors needing support responding to solicitations may contact the Colorado

Supplier Diversity Navigator in the Statewide Equity Office's Supplier Diversity program. Services provided include assistance with responding to solicitations, interpretation of solicitation documents, technical assistance referrals, availability of resources, construction assistance, and free business directory listings and verifications through the Colorado Supplier Diversity Directory. The office can be reached during normal business hours by calling 303-866-5765 or emailing

DPA_SupplierDiversityHelp@state.co.us.

https://dhr.colorado.gov/sd https://dhr.colorado.gov/sd https://dhr.colorado.gov/supplier-diversity/colorado-supplier-diversity-directory mailto:DPA_SupplierDiversityHelp@state.co.us

Documented Quote Page 18

MUST BE COMPLETED

WITH DOCUMENTED QUOTE (DQ)

APPENDIX A

Vendor/Name Terms State of Colorado Terms and Conditions Only.

Address Phone Fax E-mail Address Signature/Date

Printed Name Of Signature Using the Federal Government definition, does your firm qualify as:

a small business YES NO a minority business YES NO If YES, state ethnicity:

a woman owned business YES NO A service disabled veteran owned business

YES NO (provide appropriate documentation as spelled out in the bid)

A member of the State of Colorado VSS system YES NO Colorado VSS# Federal Identification # Acknowledgement of All Addenda Please Initial:

State of Colorado Purchase Order Tenn s and Condit ions I OSC

State of Colorado Purchase Order Terms and Conditions Effective Date: 3/21/2025

Table of Contents:

• Purchase Order Terms and Conditions

• Addendum 1: Additional Terms & Conditions for Information Technotoay

• Addendum 2: Additional Terms & Conditions for Federal Provisions

Purchase Order Terms and Conditions

Section 1: Offer/ Acceptance.

This Purchase Order, together with these terms and conditions (including, if applicable , Addendum 1: Additional Terms and

Conditions for Information Technology, and Addendum 2: Additional Terms and Conditions for Federal Provisions, below), and any other attachments, exhibits, specifications , or appendices, whether attached or incorporated by reference (collectively the "PO" ) shall represent the entire and exclusive agreement between the State and the Vendor. If this 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 this PO. 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 accepting the counter-offer is issued in accordance with §4 accepting a counter-offer. The State shall not be responsible or liable for goods or services delivered or performed prior to issuance of this PO.

Section 2: Order of Precedence.

In the event of a conflict or inconsistency within this PO, such conflict or inconsistency shall be resolved by giving preference to the documents in the following order of priority:

A. If applicable, Addendum 2: Additional Terms and Conditions for Federal Provisions , below;

B. the Purchase Order document;

C. these Terms and Conditions (including, if applicable, Addendum 1: Additional Terms and Conditions for Information

Technology below) ; and

D. any attachments, exhibits, specifications, or appendices, whether attached or incorporated by reference.

E. Any terms and conditions included on Vendor's forms or invoices not included in this PO are void .

Any terms and conditions included on Vendor's forms or invoices not included in this PO are void.

Section 3: Safety Information.

All chemicals, equipment, and materials proposed 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.

Section 4: Changes.

https://osc.colorado.gov/state-of-colorado-purchase-order-tenn s-and-conditi ons#T &Cs[3/28/2025 I I : 14 :55 AM]

APPENDIX B

State of Colorado Purchase Order Tenns and Conditions I OSC

Vendor shall furnish goods or services in strict 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 the State and accepted by Vendor. If this PO is for goods only and Vendor has not delivered the goods prior to the expiration of this PO, but Vendor delivers all of the goods to the

State only after expiration of this PO, then the State, in its sole discretion, may accept the goods under this PO by extending this

PO and delivering the modification to Vendor; however, regardless of anything to the contrary, if the State does not extend this

PO for any reason then the goods delivered after expiration of this PO shall be deemed rejected, Vendor shall arrange the return of all delivered goods at Vendor's sole expense, and the State shall have no liability for any such goods.

Section 5: Delivery.

Unless otherwise specified in this PO, delivery shall be FOB destination, freight prepaid and allowed. The State is relying on the promised delivery date and any installation or service performance set forth in this PO as material and basic to the State's acceptance. If Vendor fails to deliver or perform as and when promised, the State, 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.

Section 6: Rights to Materials.

[Not Applicable to POs issued either in whole or in part for Information Technology, as defined in CRS § 24-37.5-102(2);

which shall be governed by Addendum 1 §B.] Unless specifically stated otherwise in this PO, all materials, including without limitation supplies, equipment, documents, content, information, or other material of any type, whether tangible or intangible

(collectively "Materials"), furnished by the State to Vendor or delivered by Vendor to the State in performance of its obligations under this PO shall be the exclusive property of the State. Vendor shall return or deliver all Materials to the State upon completion or termination of this PO.

Section 7: Reporting.

If Vendor is served with a pleading or other document in connection with an action before a court or other administrative decision-making body, and such pleading or document relates to this PO or may affect Vendor 's ability to perform its obligations under this PO, Vendor shall , within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State. Vendor shall disclose, in a timely manner, in writing to the State all violations of federal or state criminal law involving fraud, bribery, or gratuity violations potentially affecting this PO. The State may impose any remedies available, which may include, without limitation, suspension or debarment.

Section 8: Conflicts of Interest.

Vendor acknowledges that with respect to this PO, even the appearance of a conflict of interest is harmful to the State 's interests. Absent the State 's prior written approval, Vendor shall refrain from any practices, activities, or relationships that reasonably may appear to be in conflict with the full performance of Vendor's obligations to the State hereunder. If a conflict or appearance of a conflict of interest exists, or if Vendor is uncertain as to such, Vendor shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration . Failure to promptly submit a disclosure statement or to follow the State's direction with respect to the actual or apparent conflict constitutes a breach of this PO. Vendor acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Vendor further acknowledges that

State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this PO.

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State of Colorado Purchase Order Tenns and Conditi ons I OSC

Section 9: Warranties.

All provisions and remedies of the Colorado Uniform Commercial Code, CRS, Title 4 ("UCC") , relating to implied or express warranties for goods are incorporated herein, in addition to any warranties contained in this PO.

Section 10: Inspection and Acceptance.

The State's final acceptance of goods or services is contingent upon completion of all applicable inspection procedures. All goods delivered shall be newly manufactured and the current model, unless otherwise specified . The State shall have the right to inspect goods or services provided under this PO at all reasonable times and places. The State shall be the sole judge in determining "equals" with regard to conformance with the specifications outlined in this PO for quality, price, and performance.

If any of the goods or services do not conform to this PO, the State, at its sole discretion, may require Vendor to either:

A. replace the goods specified by the State or

B. perform the services again , without additional payment from the State.

When defects in the quality or quantity of goods or services cannot be corrected by replacement or re-performance, the State may:

A. require Vendor to take necessary action to ensure that future performance conforms to this PO and

B. equitably reduce the payment due Vendor to reflect the reduced value of the goods or services performed.

These remedies do not limit the remedies otherwise available in this PO, at law, or in equity.

Section 11: Taxes.

The State is exempt from federal excise taxes and from State and local sales and use taxes.

Section 12: Payment.

The State shall not pay Vendor any amount for performance under this PO in excess of the Document Total set forth on the

Purchase Order document. The State shall pay Vendor for all amounts due within 45 days after the State 's receipt of goods or services and acceptance of a correct invoice of amount due. Amounts not paid by the State within 45 days of the State's acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th 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 the State's obligation to pay all or a portion of the amount due. Vendor shall invoice the State separately for interest on delinquent amounts due, referencing the delinquent payment, number of day's interest to be paid, and applicable interest rate. The State may benefit from any early payment discount offered by Vendor by making payment within the timeframes required by Vendor to be eligible for such discount. If

Vendor offers an early payment discount, then the discount shall be shown on Vendor 's invoices to the State, and if the State makes payment on the invoice within the time frame for the discount, Vendor shall either:

A. accept the payment amount less the appropriate discount or

B. refund the discount back to the State.

Except as specifically agreed in this PO, Vendor shall be solely responsible for all costs, expenses, and other charges it incurs in connection with its performance under this PO.

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State of Colorado Purchase Order Tenn s and Conditions I OSC

Section 13: Assignment.

Vendor's rights and obligations under this PO shall not be transferred or assigned without the prior, written consent of the State and execution of a new PO. Any attempt at assignment or transfer without such consent and new PO shall be void. Any new PO approved by the State shall be subject to the same terms and conditions as those set forth in this PO.

Section 14: Subcontracts.

Unless otherwise specified in this PO, Vendor shall not enter into any subcontract in connection with its obligations under this PO without the prior, written approval of the State. Vendor shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by Vendor in connection with this PO shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this PO.

Section 15: Severability.

The invalidity or unenforceability of any provision of this PO shall not affect the validity or enforceability of any other provision of this PO, which shall remain in full force and effect, provided, that the parties can continue to perform their obligations in accordance with the intent of this PO.

Section 16: Survival of Certain PO Terms.

Any provision of this PO that imposes an obligation on a party after termination or expiration of this PO shall survive the termination or expiration of this PO and shall be enforceable by the other party.

Section 17: Third Party Beneficiaries.

Except for the parties' respective successors and assigns, this PO does not and is not intended to confer any rights or remedies upon any person or entity other than the parties. Enforcement of this PO and all rights and obligations hereunder is reserved solely to the parties. Any services or benefits which third parties receive as a result of this PO are incidental to this PO, and do not create any rights for such third parties.

Section 18: Waiver.

A party's failure or delay in exercising any right , power, or privilege under this PO, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege.

Section 19: Indemnification. [Not Applicable to Inter-governmental POs]

Vendor shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the " Indemnified Parties") , against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to any act or omission by Vendor, or its employees, agents, https ://osc.colorado.gov/state-of-colorado-purchase-order-tenns-and-conditi ons#T &Cs[3/28/2025 11 • 14: 55 AM] subcontractors, or assignees in connection with this PO. This shall include, without limitation, any and all costs, expenses, claims, damages, liabilities, court awards and other amounts incurred by the Indemnified Parties in relation to any claim that any work infringes a patent, copyright, trademark, trade secret, or any other intellectual property right or any claim for loss or improper disclosure of any confidential information or personally identifiable information.

Section 20: Notice.

All notices given under this PO shall be in writing, and shall be delivered to the contacts for each party listed on the Purchase

Order document. Either party may change its contact or contact information by notice submitted in writing to the other party without a formal modification to this PO.

Section 21: Insurance.

Except as otherwise specifically stated in this PO, Vendor shall obtain and maintain insurance as specified in this section at all times during the term of this PO:

A. workers' compensation insurance as required by state statute, and employers' liability insurance covering all Vendor employees acting within the course and scope of their employment;

B. Commercial general liability insurance written on an Insurance Services Office occurrence form , covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: $1 ,000,000 each occurrence; $1 ,000,000 general aggregate; $1 ,000,000 products and completed operations aggregate; and $50,000 any one fire ; and

C. Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of

$1 ,000,000 each accident combined single limit. If Vendor will or may have access to any protected information, then

Vendor shall also obtain and maintain insurance covering loss and disclosure of protected information and claims based on alleged violations of privacy right through improper use and disclosure of protected information with limits of $1,000,000 each occurrence and $1 ,000,000 general aggregate at all times during the term of this PO. Additional insurance may be required as provided elsewhere in this PO. All insurance policies required by this PO shall be issued by insurance companies with an AM Best rating of A-VIII or better. This insurance requirement shall not apply if this PO is solely for goods, as determined by the State, unless specifically stated otherwise in this PO or any attachment or exhibit to this PO. If Vendor is a public agency within the meaning of the Colorado Governmental Immunity Act , then this section shall not apply and

Vendor shall instead comply with the Colorado Governmental Immunity Act. The State shall be named as additional insured on all commercial general liability policies required of Vendor. All insurance policies secured or maintained by Vendor in relation to this Purchase Order shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Vendor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers.

Section 22: Termination Prior to Vendor Acceptance.

If Vendor has not begun performance under this PO, the State may cancel this PO by providing written notice to the Vendor.

Section 23: Termination for Cause.

A. If Vendor refuses or fails to timely and properly perform any of its obligations under this PO with such diligence as will ensure its completion within the time specified in this PO, the State may notify Vendor in writing of non-performance and, if https: //osc.colorado.gov/state-of-colorado-purchase-order-tenns-and-conditions#T &Cs[3/28/2025 11 : 14:55 AM] not corrected by Vendor within the time specified in the notice, terminate Vendor's right to proceed with this PO or such part thereof as to which there has been delay or a failure. Vendor shall continue performance of this PO to the extent not terminated.

B. Vendor shall be liable for excess costs incurred by the State in procuring similar goods or services and the State may withhold such amounts as the State deems necessary.

C. If after rejection , revocation , or other termination of Vendor's right to proceed under the UCC or this clause, the State determines for any reason that Vendor was not in default or the delay was excusable, the rights and obligations of the State and Vendor shall be the same as if the notice of termination had been issued pursuant to termination under §24.

Section 24: Termination in Public Interest.

The State is entering into this PO for the purpose of carrying out the public interest of the State, as determined by its Governor, General Assembly, or Courts. If this PO ceases to fu rther the public interest of the State as determined by its Governor, General

Assembly, or Courts, the State, in its sole discretion, may terminate this PO in whole or in part and such termination shall not be deemed to be a breach of the State's obligations hereunder.