Version 02.2026

Documented Quote

AHEC 27500-D

Interior and Exterior Signage for the Community College of Denver

Boulder Creek Health and Science Center

Version 02.2026 Documented Quote Page 1 of 16

TABLE OF CONTENTS

TABLE OF CONTENTS

1. SOLICITATION INFORMATION

A. Introduction

B. Background, Overview and Goals

C. Anticipated Term

D. Schedule of Activities

E. Procurement Point of Contact

F. Respondent Inquiries

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

Appendix A - State of Colorado Purchase Order Terms and Conditions

EXHIBITS

Exhibit A - Interior and Exterior Signage (images and design intent)

Exhibit B - Construction Drawings

Exhibit C - Signage Quote Spreadsheet

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1. SOLICITATION INFORMATION

A. Introduction

On behalf of the State of Colorado, the Auraria Higher Education Center is issuing this Documented Quote for Interior and Exterior Signage for the Community

College of Denver, Boulder Creek Health and Science Center.

B. Background, Overview and Goals

The Community College of Denver (CCD), in partnership with the Auraria Higher

Education Center (AHEC), is constructing the Boulder Creek Health & Science

Center, a new facility dedicated to supporting CCD’s expanding Health and Science programs. Construction began in January 2025 and is anticipated to be completed in December 2026. The facility will provide state-of-the-art learning environments for programs including Nursing, Dental Hygiene, Veterinary Technology, Radiologic

Technology, Surgical Technology, Health and Wellness, and Phlebotomy. In addition to specialized laboratories and instructional spaces, the building will include a teaching kitchen, student collaboration areas, lounge spaces, faculty offices, classrooms, and wellness-focused amenities.

The purpose of this solicitation is to select a qualified signage vendor to furnish and install the interior and exterior signage for the Boulder Creek Health &

Science Center. The project includes five (5) exterior signs and one (1) interior feature sign that will support building identification.

C. Anticipated Term

i. The anticipated term of the Purchase Order resulting from the award of this solicitation is from Purchase Order issuance date, through installation, which is anticipated to occur in late September 2026 through early October 2026.

ii. CCD is not responsible for any goods delivered or services performed by the awarded Respondent without a CCD issued 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

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a. The date of publication for this solicitation on BidNet and Colorado VSS is 08/03/2026.

b. Written inquiries must be submitted to tommy.duran@ahec.edu no later than 08/07/2026 at 2:00 p.m.

c. The estimated date for CCD’s responses to vendors’ written inquiries to be published on BidNet and Colorado VSS is 08/11/2026.

d. All quotes must be submitted in the method described below no later than 08/17/2026 at 2:00 p.m.

e. The estimated date for award selection and notification is 08/26/2026.

f. The estimated Purchase Order issuance date is 08/27/2026.

E. Procurement Point of Contact

i. The sole point of contact for this solicitation is Tommy Duran, Purchasing

Agent, who may be reached via email at tommy.duran@ahec.edu.

F. Respondent Inquiries

i. Respondents may submit written inquiries via email concerning this solicitation to obtain clarifications. CCD, 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 inquires will be published on BidNet and 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 mailto:tommy.duran@ahec.edu mailto:tommy.duran@ahec.edu

Version 02.2026 Documented Quote Page 5 of 16 condition of the solicitation. Such changes are valid only if provided in writing by the Procurement Contact.

2. REQUIREMENTS

A. Accessibility Requirements

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 Purchase Order Terms and Conditions, included in this solicitation as Appendix A, prior to execution of the Purchase Order.

C. Mandatory/Minimum Requirements

i. Respondents shall have successfully completed a minimum of three (3) projects within the last five (5) years involving the fabrication and installation of interior and exterior signage packages for higher education, K-

12 educational, governmental, municipal, healthcare, or similarly complex institutional facilities.

a. Respondents shall provide project descriptions, project values, completion dates, and client references, including contact information, for each project submitted.

ii. Respondents shall demonstrate through past project photos, experience fabricating and installing illuminated and non-illuminated signage, including

Version 02.2026 Documented Quote Page 6 of 16 exterior building-mounted signage, monument signage, and interior identification signage.

iii. Respondents shall provide an example set of shop drawings from a past project to show their ability to produce shop drawings, coordinate electrical requirements, and perform field verification necessary to support fabrication and installation.

iv. Respondents shall maintain all licenses, registrations, and insurance required to perform signage work within the State of Colorado.

v. Respondents shall provide a narrative of a past project where they performed signage installation work on occupied campuses, educational facilities, construction sites, or similarly active environments requiring coordination with facility operations, public access, general contractors, and safety requirements.

vi. Responds shall state that they are capable of meeting project timelines.

vii. Respondents shall include a description of their overall approach to the work.

3. SCOPE OF WORK/SPECIFICATIONS

i. The selected vendor shall provide all labor, materials, equipment, supervision, fabrication, coordination, and installation services necessary to furnish and install the project signage package for the Community College of

Denver, Boulder Creek Health & Science Center.

The scope includes the fabrication and installation of a total of six (6) signs, consisting of five (5) exterior signs and one (1) interior sign, as identified in the solicitation documents.

CCD will provide available branding assets, including vector logo files, for use in the fabrication of the signage. The selected vendor shall be responsible for developing all required shop drawings, fabrication drawings, mounting details, and other documentation necessary to manufacture and install the signage in accordance with the project requirements.

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ii. Exhibit A includes conceptual signage layouts, renderings, and design intent information illustrating the required appearance of each sign. Exhibit B includes relevant construction drawings and building information to assist respondents in understanding site conditions, mounting locations, and installation requirements.

iii. The selected vendor shall:

a. Fabricate all signage in accordance with the requirements identified in the solicitation documents, including Exhibits.

b. Prepare and submit shop drawings for review and approval by CCD, or

CCD authorized representative, prior to fabrication.

c. Verify field conditions and dimensions necessary for successful fabrication and installation.

d. Coordinate with the CCD project team regarding installation requirements and sequencing.

e. Furnish and install all signage, including required mounting hardware, supports, fasteners, and related accessories.

f. Provide and install any required blocking, attachment systems, and structural support components necessary for a complete installation.

g. Coordinate electrical connections for illuminated signage. Junction boxes for backlit signage locations will be provided by others; however, the selected vendor shall coordinate electrical requirements and connections necessary for proper operation of the signage.

h. Deliver a complete, operational, and fully installed signage package.

i. Be responsible for reviewing all project documents and site conditions and shall include all work necessary to provide a complete and functional signage installation, whether specifically identified herein or reasonably inferable from the resulting Purchase Order and accompanying exhibits to this document.

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4. QUOTE SUBMISSION INFORMATION

A. Email Quote Submission Instructions

i. Respondents shall submit Quotes via BidNet or via email to the Procurement

Point of Contact identified above. If sending the Quote submission via email, please include the subject line “Quote submission from (Insert Respondent

Name) for AHEC 27500-D, Interior and Exterior Signage for the CCD, Boulder Creek Health and Science Center

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 CCD, be rejected without further consideration.

C. Quote Format and Content

i. Respondents must include with their quotes the following: Cover Letter with

Company and Contact Information. Documentation required to fulfil minimum requirements outlined in section 2.C. Respondents shall submit costs using

Exhibit C.

D. Pricing

i. Proposed pricing must remain firm during the term of the Purchase Order.

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

iii. Unit pricing for additional work. Respondents shall provide hourly labor rates and any applicable unit pricing that may be used for owner-directed changes or additional signage not included in the base scope.

iv. No hidden fees. Any costs not specifically identified in the quote shall be deemed included in the respondent’s submitted pricing.

v. The Quote submitted shall exclude all applicable federal excise or manufacturers’ taxes and all state sales and use taxes.

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vi. Alternates. If proposing any voluntary value-engineering options or material substitutions, please provide narrative describing proposed changes. Pricing shall be provided sparately from the base bid and clearly identified as an alternate.

5. AWARD

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

i. This solicitation and any resulting Purchase Order will be awarded to the responsible Respondent whose acceptable Quote is determined to be the most advantageous to CCD, with price/cost being the primary consideration..

While the primary consideration will be cost, Respondent’s demonstrated quality, relevant experience, ability to successfully deliver similar projects, and capacity to meet CCD’s schedule requirements will also be evaluated.

CCD will also consider the quality of submitted project examples, references, and overall approach to the work.

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

Quote will meet CCD’s needs, and that the price is fair and reasonable. The determination of whether a Respondent’s Quote is acceptable is solely within

CCD’s discretion.

B. Negotiations

CCD 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

CCD; however, any requirements identified in this solicitation may not be negotiated. Reference Procurement Rule R-24-103-204-01(d).

C. 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

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Procurement Official may enter into competitive negotiations in accordance with

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

D. Notice of Award

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

E. Documents After Award

Prior to 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 Purchase Order

Terms and Conditions.

6. GENERAL ADMINISTRATIVE INFORMATION

A. Colorado Vendor Self Service and BidNet Registration

All solicitations issued by the Auraria Higher Education Center (AHEC) either on its behalf, or on behalf of the Institutions we serve, will be posted on the following websites:

Colorado VSS: Colorado Vendor Self Service and the Rocky Mountain E-

Purchasing System (aka BidNet): https://www.bidnetdirect.com/colorado

Solicitation details for goods and services, as well as construction notices on

Colorado VSS and BidNet, are public. Registration is not required for Colorado

VSS; however, registration for BidNet is required and there is no cost unless the “push” notification option is selected. CCD also recommends that interested vendors check BidNet or 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 BidNet and Colorado VSS. A modification notice will be published on BidNet and 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 BidNet or Colorado VSS on a regular basis, prior to the Quote submission deadline, as these are the https://prd.co.cgiadvantage.com/PRDVSS1X1/Advantage4 https://www.bidnetdirect.com/colorado

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C. Solicitation Cancellation and/or Rejection of Quotes

i. In accordance with §24-103-301, C.R.S., and the related Procurement Rules, CCD may cancel this solicitation, or any and all Quotes may be rejected in whole or in part, without penalty, at any time before a Purchase Order is executed, when it is in the best interest of CCD. 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

Purchase Order is awarded by CCD. 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 CCD’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. Mistakes and Minor Informalities in Respondent Quotes

In certain circumstances, a Respondent may correct a mistake(s) in its Quote and/or CCD 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 CCD.

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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

The contents of the Quote of the awarded Respondent and any modifications to the Quote negotiated by CCD included in the resulting 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 CCD.

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. CCD 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

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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 Purchase Order Terms and Conditions

i. The State Purchase Order Terms and Conditions are included in Appendix A to this solicitation.

ii. Respondents are instructed to review the attached Purchase Order Terms and

Conditions and submit any proposed modifications or redlines with their

Quote. The decision to reject, accept, or further negotiate any requested changes will be at CCD’s discretion. If a Respondent normally seeks counsel

Version 02.2026 Documented Quote Page 14 of 16 on contractual terms, they are advised to do so before submitting a Quote in response to this solicitation.

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 CCD, CCD may make a determination that a Respondent’s

Quote is no longer acceptable and therefore ineligible for award.

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 CCD’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

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 information marked confidential in the Quote. “Material issue” means a nontrivial

Version 02.2026 Documented Quote Page 15 of 16 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 Community College of

Denver 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 stacy.tino@ahec.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.

mailto:stacy.tino@ahec.edu

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Q. 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, construction bond assistance through the Construction Statewide

Construction Bond Readiness Education Program, 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://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= 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= https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_supplier-2Ddiversity_colorado-2Dsupplier-2Ddiversity-2Ddirectory&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=lJCgtcQ4bpjUYTb-DL2vTiTtjs5tP9GdjxCxohJukG4cRYarpnnyVjmEkozBFRPl&s=nq-3ZxXvzK0CyjE_Sukw4DfkzHfxneqrfzbnzxsO-hw&e= mailto:DPA_SupplierDiversityHelp@state.co.us

Adopted July 1, 2023

Auraria Higher Education Center (AHEC) Purchase Order Terms and Conditions

1. Offer/Acceptance. This Purchase Order, together with these terms and conditions (including, if applicable, Addendum 1: Additional Terms and Conditions for Information Technology, 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 AHEC 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. AHEC shall not be responsible or liable for goods or services delivered or performed prior to issuance of this PO.

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) the Purchase Order document; (b) these Terms and Conditions (including, if applicable, Addendum 1: Additional Terms and Conditions for Information Technology below); and (c) any attachments, exhibits, specifications, or appendices, whether attached or incorporated by reference. Any terms and conditions included on Vendor’s forms or invoices not included in this PO are void.

3. Safety Information. All chemicals, equipment and materials proposed and/or used in the performance of this PO shall conform to the requirements of the Occupational Safety and Health Act of 1970. Vendor shall furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals, equipment or hazardous materials at the time of delivery.

4. Changes. 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 AHEC 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 AHEC only after expiration of this PO, then AHEC, 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 AHEC 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 AHEC shall have no liability for any such goods.

5. Delivery. Unless otherwise specified in the solicitation or this PO, delivery shall be FOB destination. AHEC is relying on the promised delivery date, and any installation or service performance set forth in this PO as material and basic to AHEC’s acceptance. If Vendor fails to deliver or perform as and when promised, AHEC, 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.

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 AHEC to Vendor or delivered by Vendor to AHEC in performance of its obligations under this PO shall be the exclusive property of AHEC. Vendor shall return or deliver all Materials to AHEC upon completion or termination of this PO.

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 AHEC of such action and deliver copies of such pleading or document to AHEC. Vendor shall disclose, in a timely manner, in writing to AHEC all violations of federal or state criminal law involving fraud, bribery, or gratuity violations potentially affecting this PO. AHEC may impose any remedies available, which may include, without limitation, suspension or debarment.

8. Conflicts of Interest. Vendor acknowledges that with respect to this PO, even the appearance of a conflict of interest is harmful to AHEC’s interests. Absent AHEC’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 AHEC hereunder. If a conflict or appearance of a conflict of interest exists, or if Vendor is uncertain as to such, Vendor shall submit to AHEC a disclosure statement setting forth the relevant details for AHEC’s consideration. Failure to promptly submit a disclosure statement or to follow AHEC’s direction with respect to the actual or apparent conflict constitutes a breach of this PO.

Vendor acknowledges that all AHEC employees are subject to the ethical principles described in §24-18-105, C.R.S. Vendor further acknowledges that AHEC employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this PO.

9. Warranties. All provisions and remedies of the Colorado Uniform Commercial Code, C.R.S., Title 4 (“UCC”), relating to implied or express warranties are incorporated herein, in addition to any warranties contained in this PO.

10. Inspection and Acceptance. AHEC’s final acceptance is contingent upon completion of all applicable inspection procedures. All goods delivered shall be newly manufactured and the current model, unless otherwise specified. AHEC shall have the right to inspect goods or services provided under this PO at all reasonable times and places. AHEC 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 PO requirements, as determined in AHEC’s sole discretion, AHEC may require Vendor to either (a) replace the goods specified by AHEC or (b) perform the services again, without additional payment from AHEC. When defects in the quality or quantity of goods or services cannot be corrected by replacement or re-performance, AHEC may (c) require Vendor to take necessary action to ensure that future performance conforms to this PO and (d) 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.

11. Taxes. AHEC is exempt from federal excise taxes and from State and local sales and use taxes. AHEC shall not be liable for the payment of any excise, sales, or use taxes imposed on Vendor. A tax exemption certificate will be made available upon Vendor’s request.

12. Payment. AHEC shall not pay Vendor any amount for performance under this PO in excess of the Total set forth on the Purchase Order document.

AHEC shall pay Vendor for all amounts due within 45 days after AHEC’s receipt of goods or services and acceptance of a correct invoice of amount due. Amounts not paid by AHEC within 45 days of AHEC’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 AHEC’s obligation to pay

Appendix A all or a portion of the amount due. Vendor shall invoice AHEC separately for interest on delinquent amounts due, referencing the delinquent payment, number of day’s interest to be paid, and applicable interest rate. AHEC 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 AHEC, and if AHEC makes payment on the invoice within the timeframe for the discount, Vendor shall either

(a) accept the payment amount less the appropriate discount or (b) refund the discount back to AHEC. 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.

13. Assignment. Vendor’s rights and obligations under this PO shall not be transferred or assigned without the prior, written consent of AHEC and the 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 AHEC shall be subject to the same terms and conditions as those set forth in this PO.

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 AHEC. Vendor shall submit to AHEC a copy of each such subcontract upon request by AHEC. 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.

15. Severability. The invalidity of or unenforceability of any provision of this PO shall not affect the validity of 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.

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.

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.

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.

19. Indemnification [Not Applicable to Intergovernmental POs] Vendor shall indemnify, save, and hold harmless AHEC, its employees, Board members, 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, 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.

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 formal modification to this PO.

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 AHEC, 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. AHEC and the State of Colorado shall be named as additional insured on all commercial general liability policies required of Vendor. Coverage required of Vendor shall be primary and noncontributory over any insurance or self-insurance program carried by the Auraria Higher Education Center and the State of Colorado. All insurance policies secured or maintained by Vendor in relation to this PO shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Vendor or AHEC and the State of Colorado, its agencies, institutions, organizations, officers, agents, employees, and volunteers.

22. Termination Prior to Vendor Acceptance. If vendor has not begun performance under this PO, AHEC may cancel this PO by providing written notice to the Vendor.

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, AHEC may notify Vendor in writing of nonperformance and, if 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 AHEC in procuring similar goods or services and AHEC may withhold such amounts as AHEC deems necessary. (c) If after rejection, revocation, or other termination of Vendor's right to proceed under the UCC or this clause, AHEC determines for any reason that Vendor was not in default or the delay was excusable, the rights and obligations of AHEC and Vendor shall be the same as if the notice of termination had been issued pursuant to termination under §24.

24. Termination in Public Interest. AHEC is entering into this PO for the purpose of carrying out the public policy of the State, as determined by AHEC, its Governor, General Assembly, or Courts. If this PO ceases to further the public policy of AHEC, or the State, as determined by its Governor, General Assembly, or Courts or by AHEC, AHEC, 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 AHEC’s obligations hereunder. This section shall not apply to a termination for cause, which shall be governed by §23. AHEC shall give written notice of termination to Vendor specifying the part of the PO terminated and when termination becomes effective. Upon receipt of notice of termination, Vendor shall not incur further obligations except as necessary to mitigate costs of performance. For services or specially manufactured goods, AHEC shall pay (a) reasonable settlement expenses, (b) the PO price or rate for supplies and services delivered and accepted, (c) reasonable costs of performance on unaccepted supplies and services, and (d) reasonable profit for the unaccepted work. For existing goods, AHEC shall pay (e) reasonable settlement expenses, (f) the PO price for goods delivered and accepted, (g) reasonable costs incurred in preparation for delivery of the undelivered goods, and (h) a reasonable profit for the preparatory work. AHEC’s termination liability under this section shall not exceed the total PO price. As a condition for payment under this section, Vendor shall submit a termination proposal and reasonable supporting documentation, and cost and pricing data as requested by AHEC.

25. Funds Availability. Financial obligations of AHEC payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. If this PO is funded in whole or in part with federal funds, this PO is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. AHEC represents that it has set aside sufficient funds to make payment for goods delivered in a single installment, in accordance with the terms of this PO.

26. Governmental Immunity. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq., the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, C.R.S. §24-30-1501, et seq. No term or condition of this PO shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in these statutes.

27. Independent Contractor. Vendor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Vendor nor any agent or employee of Vendor shall be deemed to be an agent or employee of AHEC or the State. Vendor shall not have authorization, express or implied, to bind AHEC to any agreement, liability or understanding, except as expressly set forth herein. Vendor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through AHEC and AHEC shall not pay for or otherwise provide such coverage for Vendor or any of its agents or employees. Vendor shall pay when due all applicable employment, income taxes, and local head taxes incurred pursuant to this PO. Vendor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by AHEC, (c) disclose to AHEC if they are a PERA retiree prior to performing contracted duties in order for AHEC to properly report information, and if applicable, withhold contributions from payment of services to PERA, and (d) be solely responsible for its acts and those of its employees and agents.

28. Compliance with Law. Vendor shall comply with all applicable federal and state laws, rules, and regulations in effect or hereinafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

29. Choice of Law, Jurisdiction and Venue. [Not Applicable to Inter-governmental POs] Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this PO. The UCC shall govern this PO in the case of goods unless otherwise agreed in this PO. Any provision included or incorporated herein by reference, which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this PO shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. Any provision incorporated herein by reference which purports to negate this or any other provision in this PO in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise.