Appendix A Administrative Info.docx

RFP Number: RFP DAAA 2026-0237 RFP Title: INDEPENDENT AUDITOR FOR THE HEALTHY SCHOOL MEALS FOR ALL PROGRAM

Appendix A

ADMINISTRATIVE INFORMATION

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CONTENTS

OFFICIAL MEANS OF COMMUNICATION

communicationS regarding this SOLICITATION This solicitation is issued for the State of Colorado by the Colorado Department of Education (“Department” or “CDE”) and is posted on the Vendor Self Service (VSS) website at www.colorado.gov/vss (click on “Public Access”). Throughout the solicitation process, official Department communication with Offerors will be via notices on the VSS website. Notices include modifications to the RFP, addenda, responses to inquiries, and announcement of the winning Offeror. It is the Offeror’s responsibility to check the VSS website for notices that pertain to this solicitation.

registration in VSS Offerors are requested to register with VSS at www.colorado.gov/vss. The VSS Help Desk is available Monday through Friday 8:00 am to 5:00 pm MT and can be reached by calling (303) 866-6464 or emailing VSSHelp@state.co.us.

Sole point of contact The Department’s sole point of contact for this solicitation is:

Angel Moriarty, Purchasing Agent CDE_Purchasing@cde.state.co.us

Other Department personnel, including potential evaluators, are not allowed to discuss this project or the RFP with Offerors. Contact with Department personnel other than the sole point of contact identified above regarding this RFP is strictly prohibited and could result in Offeror disqualification.

SCHEDULE OF ACTIVITIES

The schedule of key activities for this solicitation is as follows:

Renewal Years:

January 1, 2029 – December 31, 2029 January 1, 2031 – December 31, 2031 January 1, 2033 – December 31, 2033 January 1, 2035 – December 31, 2035

1NOTE: The Department reserves the right to revise the dates in this schedule. If revisions are made prior to the Proposal Submission Deadline, changes will be made via a modification to this solicitation posted on the CORE Web site.

vendor InquirIES Prospective Offerors should submit all inquiries by email to CDE_Purchasing@cde.state.co.us using the following format:

· The solicitation number and title in the email subject line; and

· A Word document attached to the email identifying the section number in the solicitation on which the inquiry is based, followed by the question(s) pertaining to that portion of the solicitation.

Inquiries received by the inquiry deadline listed in the table above will be responded to by the Department via the VSS website. Inquiries received after the inquiry deadline may not receive a response.

Offerors shall not rely on any verbal statements that alter any term or condition of the RFP. Changes are valid only if posted on the VSS website.

INTENT TO BID NOTIFICATION

Offerors planning on submitting a proposal in response to this solicitation are requested to provide a letter of intent to bid stating the Offeror’s intention of submitting a proposal. The letter of intent to bid should be submitted via the following link: https://cdepurchasing.app.box.com/f/49e1555772f94e268767c426058bb2a2 by the intent to bid notification deadline listed in the table above. Offerors should label the file upload: Vendor’s Name Intent to Bid RFP DAAA 2026-0237. This link will also be used for proposal submissions, so this is an opportunity for Offerors to familiarize themselves with the submittal process and to ensure that they do not have any firewalls or other technology that may prevent box.com submittals.

In the intent to bid, include the name of the vendor’s contact, e-mail, and phone number and a simple statement of Offeror’s intent to bid on the RFP.

Submission of a letter of intent to bid is not required as a condition for submitting a proposal, nor does it obligate an Offeror to submit a proposal.

Proposal Submission Deadline CDE is utilizing a new online solicitation submission application. To use this application, please go to the following link:

https://cdepurchasing.app.box.com/f/49e1555772f94e268767c426058bb2a2 Please note the following:

The amount of time that it takes to upload depends on the size of your ZIP file, Offeror’s server speed, and many other factors. CDE has seen documents take one hour or more depending on if there are imbedded graphics, videos, or other items that create large file sizes. Vendors need to start the upload process early to ensure CDE receipt prior to the submission deadline.

PUBLIC PROPOSAL OPENING

The public proposal opening will be conducted virtually. On the date and time listed in the table above, the Purchasing Agent will conduct a public opening.

The public proposal opening will disclose the names of all Offerors who have submitted a timely proposal in response to the RFP. No other information will be provided at the public proposal opening.

Offerors who would like to attend the public proposal opening must notify the Purchasing Agent at least two Business Days prior to the public proposal opening date. The Purchasing Agent will then provide the Offeror with information about how to virtually attend the public proposal opening.

In addition, following the proposal submission deadline, Offerors may request a list of names of all Offerors who timely submitted a proposal by emailing CDE_Purchasing@cde.state.co.us. Information regarding the contents of proposals and pricing will not be available until after issuance of a Notice of Intent to Award.

offeror INTerviews During the evaluation process, the evaluation committee may, at its discretion, request any one or all Offerors to attend a web-based (video conference), face-to-face, or phone interview. Alternatively, the Evaluation Committee may decide that interviews are not needed and may proceed to award the Contract without such activities.

Not all Offerors may be asked to attend such interviews. Offerors should not assume that they will have an opportunity for such activities, so they should submit their most favorable proposals in their initial written proposal. Offerors are cautioned to ensure that their proposals adequately convey the soundness of their approach and understanding of the requirements and specifications.

If the Evaluation Committee decides to conduct interviews, the selection of Offerors for such activities will be made at the sole discretion of the Evaluation Committee after review of Offerors’ written proposals and determination of a competitive score range based on the evaluation factors stated in the RFP. The Offerors whose proposals are deemed by the evaluation committee to be in the competitive range may be invited to interviews.

The participating Offeror’s interview team must include the proposed Project Lead identified in the proposal. Based on questions asked, additional Offeror personnel intended to be active, on-going participants in the project may be requested to attend. Such interviews will be at the Offeror's expense.

Evaluators will have an opportunity to review and update their scores for the evaluation criteria based on information presented during the interviews.

clarifications and PRICING The Department may seek clarifications from Offerors for the purpose of promoting understanding of the Offeror’s proposal or to clarify Department requirements of the solicitation or the contract. Changes to proposals following submission, if permitted, will be requested by the Department in writing from Offerors. However, Offerors will not be provided an opportunity for comprehensive proposal revisions.

The Department, in its sole discretion, may invite Offerors to submit a Best and Final Offer to the Department for consideration. Not all Offerors may be invited to provide a Best and Final Offer as it is based on the evaluators’ determination of a competitive score range. The Department will not disclose any pricing information submitted by competing Offerors. Best and Final Offers will be made at the Offeror’s expense.

GENERAL CONSIDERATIONS

dISCLAIMER on information in SOLICITATION All statistical and fiscal information contained within this solicitation and its appendices, and any amendments and modifications thereto, reflect the best and most accurate information available to the Department at the time of solicitation preparation. No inaccuracies in such data shall constitute a basis for legal recovery of damages or protests, either real or punitive, except to the extent that any such inaccuracy was a result of the intentional misrepresentation by the Department.

legislative and policy changes The subject matter of this RFP may be subject to federal or state legislative, regulatory, or policy changes. If any such changes occur prior to the proposal submission deadline, all Offerors will have an equal opportunity to modify their proposals to reflect such changes. If any changes occur after the proposal submission deadline, the Department reserves the right to negotiate proposal modifications with Offerors reflecting such legislative changes, but shall have no obligation to do so.

SOLICITATION CANCELLATION

The Department reserves the right to cancel this entire solicitation or individual phases at any time, without penalty.

Only one proposal received If only one bid or proposal is received in response to a solicitation, an award may be made to the single bidder or offeror if the procurement official finds that the price submitted is fair and reasonable and that other prospective bidders or offerors had reasonable opportunity to respond. 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 with the sole Offeror in accordance with Procurement Rule R-24-103-208-02. If responsiveness is a requirement for award, the proposal from the sole Offeror must be responsive before being considered for award. Otherwise, the proposal must be rejected. If the Department receives only one proposal, the Department reserves the right to cancel this solicitation and re-solicit.

PROPOSAL AND PRE-CONTRACT COSTS

The Department is not liable for any costs incurred by Offerors prior to issuance of a legally executed contract. No property interest of any nature shall occur until a contract is awarded and signed by all concerned parties.

awarded OFFEROR REGISTRATION IN COLORADO The Awarded Offeror must be registered to conduct business in Colorado with the Colorado Secretary of State (see http://www.sos.state.co.us) and obtain a Certificate of Good Standing or Certificate of Existence prior to the execution of any Contract resulting from this solicitation. The Awarded Offeror must be registered to do business in Colorado within 10 business days of receiving the Intent to Award. Proof of such certification shall be provided upon request by the Department.

performance outside of colorado Prior to contracting, the Awarded Offeror shall disclose in writing whether it anticipates any services under the Contract to be performed outside the United States or the State of Colorado, where such services will be performed under the Contract, including any subcontracts, and a statement setting forth why it is necessary or advantageous to go outside the United States or the State of Colorado to perform the Contract services or any subcontracts.

OFFEROR IDENTIFICATION

Offeror must be a legal entity with the legal right to contract. If an Offeror is owned or controlled by a parent company, the parent company’s name, main office address, and tax identification number shall be provided in the proposal. The tax identification number provided on any forms related to this solicitation must be that of the Offeror responding to this solicitation.

TAXES

The State of Colorado, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all state and local government use taxes under C.R.S. § 39-26-704 (Colorado State and Local Sales Tax Exemption Number 98-01159-0000). Offeror is hereby notified that when materials are purchased in certain political sub-divisions (for example in the City of Denver), the seller may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By submission of its proposal, Offeror certifies that:

· The prices in its proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition with any other Offeror or competitor;

· Unless otherwise required by law, the prices quoted in its proposal have not been knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to opening to any other Offeror or competitor; and

· No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

The person causing Offeror’s proposal to be submitted certifies that:

· She/he is the person in Offeror’s organization responsible for the decision as to the prices being offered in the proposal and that she/he has not participated and will not participate in any action contrary to this section; or

· She/he is not the person in the Offeror’s organization responsible for the decision as to the prices being offered in the proposal but that she/he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate in any action contrary to this section, and as their agent does hereby so certify; and she/he has not participated, and will not participate, in any action contrary to this section.

If any statement described in this section has occurred, Offeror’s proposal will not be considered for award unless Offeror furnishes a signed statement which: 1) sets forth in detail the circumstances of the disclosure; and 2) includes a statement by the head of Offeror’s organization or her/his designee that such disclosure was not made for the purpose of restricting competition.

conflicts of interest No person or business entity who was engaged by the Department to prepare the RFP, or had access prior to this solicitation to sensitive information related to this procurement process, including but not limited to requirements, statements of work, or evaluation criteria, will be eligible to submit or participate in any way in the submission of a proposal for this solicitation. The Department considers such engagement or access to be an organizational conflict of interest, which would cause such business entity or person to have an unfair competitive advantage.

Other conflicts of interest may include if an Offeror proposes as a Key Personnel an individual who previously worked at the Department. There may be mitigating factors that make this not a conflict, such as the length of time since the individual’s departure from the Department. However, Offerors must notify the Department prior to submitting a proposal, if they intend to list previous Department personnel as Key Personnel for CDE’s determination regarding conflict of interest.

This section is not an all-inclusive list of conflicts of interest, and other conflicts of interest may exist that may result in a cancellation of award or making an Offeror ineligible for award. An Offeror, by submitting a proposal, is certifying that there is no organizational conflict of interest. If an Offeror believes or is unsure if it has a conflict of interest, it must notify the Department prior to submitting a proposal.

If the Department determines that an organizational conflict of interest exists, the Department, in its discretion, may cancel the award. In the event that the Awarded Offeror was aware of an Organizational Conflict of Interest prior to the award of the Contract and did not disclose the conflict to the procuring agency, the Department may terminate the Contract for default.

venue All suits or actions related to this solicitation and the Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.

DEBARMENT AND SUSPENSION

By submitting a proposal in response to this solicitation, the Offeror certifies to the best of its knowledge and belief that it, its principals and proposed subcontractors:

1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions;

1. Have not within a three-year period preceding the proposal been convicted of or had a civil judgment rendered against them for any of the following: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

1. Are not presently under investigation for, indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in the previous paragraph; and

1. Have not within a three-year period preceding its proposal had one or more public (federal, state, or local) transactions terminated for cause or default.

If Offeror is unable to certify any of the statements above, Offeror must provide an explanation in a separate attachment to the proposal. The inability of Offeror to certify the above statements will not necessarily result in disqualification of the Offeror. Offeror’s explanation provided with the proposal will be considered in connection with the Department’s determination whether to award the contract to Offeror.

non-discrimination The Offeror shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.

Contract Performance Disclosure Offeror’s proposal shall fully disclose and explain any serious problems for the Offeror, its principals, and affiliates related to contracts or potential contracts in the last seven years. If applicable, the Offeror shall include a separate attachment to the proposal and disclose the following:

1. Any investigation, audit, or findings or charges of fraud, malfeasance, anti-trust violation, civil violation, criminal activity or fine including those agreed to by settlement;

1. Any formal notices to cure or formal audit findings concerning contractor deficiencies in a contract with a local, state or federal government agency; and/or

1. Detailed information on all lawsuits pertaining to contract performance, payments, or other obligations under an agreement with a local, state or federal agency and the outcome of the lawsuit or settlement.

PROPOSALS

SOLICITATION COMPLIANCE / PROPOSAL REJECTION

Failure of an Offeror to comply with or meet all requirements or respond to all requests for information within this solicitation may result in Offeror’s proposal being disqualified. The Department reserves the right to reject any proposal for non-compliance, to waive informalities and minor irregularities in proposals received, and to accept any portion of a proposal or complete proposals if deemed in the best interest of the State. Disqualification may occur at any point following the proposal submission deadline.

Estimated costs/prices will not be accepted. Proposed costs/prices must be firm, fixed prices in United States funds. Proposals must include all related costs, surcharges, travel expenditures, etc. Any costs not included as part of the proposal will be disallowed.

Offerors shall submit only one proposal in response to this solicitation. The Department may, in its sole discretion, disqualify an Offeror’s proposal from evaluation if the Offeror submits more than one proposal and/or alternative proposals.

proposal Offerors should adhere to the format prescribed and content required for proposal responses as described in this solicitation. Proposals shall consist of the following:

1. RFP Coversheet Submit a completed Request for Proposal Cover Sheet, signed by an individual who is legally authorized to bind the Offeror to the proposal (the coversheet is after the table of contents in the RFP).

2. Executive Summary The Executive Summary should provide an overall understanding of the proposal and Offeror’s approach to the Work described in the solicitation. The Executive Summary should include the name, phone number and email address for Offeror’s contact person for the proposal, and Offeror’s VSS number.

3. Table of Contents Include headings and page numbers that denote the major sections of the proposal and attachments.

Offerors shall fill out Appendix E – Offeror’s Technical Proposal, including the following:

· Offeror’s full and complete response to all Offeror’s Response questions listed in Appendix E – Technical Proposal. Offeror’s completed Appendix E shall be responsive, succinct, self-explanatory and well organized on pages that are consecutively numbered in a consistent numbering format. There is no page limit for proposal responses; however, the Department does not desire nor encourage excessive responses; unnecessary tables, graphs, photographs or marketing materials; or attachments that have not been requested.

· All additional documents requested in the solicitation as attachments to Appendix G.

· Offeror’s pricing proposal as requested in the chart in Appendix D. Pricing must be inclusive of all Offeror costs, administrative support costs, office supplies, cell phones, parking fees, meals, lodging, mileage, travel expenses, training, after hours or weekend time, insurance, overhead, profit, and costs for all other items consumed, utilized, and/or required by Offeror and its staff.

6. Contract modifications

· If Offeror is requesting red-lines to the draft contract, included as Appendix B, Offeror must include those redlines in the proposal package. See Section 5.4 for more information.

7. Additional Attachments As Applicable If applicable, the following attachments:

· Conflict of interest statement pursuant to Section 3.11 of this document;

· Debarment and suspension statement pursuant to Section 3.13 of this document; and/or

· Contract performance disclosure pursuant to Section 3.15 of this document.

PROPOSAL PACKAGE AND COPIES

Offeror’s proposal package shall consist of all of the following:

A zip folder uploaded at the following link: https://cdepurchasing.app.box.com/f/49e1555772f94e268767c426058bb2a2 pursuant to the information listed in Section 2.3 of this Appendix A.

· Offerors must ensure that the entire proposal is included on the zip file. The materials in the zip file are what will be provided to the evaluation committee.

· For documents which Offeror is proposing have confidential information redacted (See Section 4.4), Offeror must provide a separate zip folder of the entire proposal with confidential information redacted (see Section 4.4). The zip folder must also contain a written statement indicating what portion of the Colorado Open Records Act, C.R.S. Title 24, Article 72, Part 2, applies to the suggested confidential/proprietary information which would allow for the material to be exempted from CORA. The letter must also specifically state what elements of the proposal are to be considered confidential/proprietary.

PROCEDURE FOR SUBMISSION OF CONFIDENTIAL / PROPRIETARY INFORMATION

When submitting a proposal, the Offeror may request restrictions on the use or inspection of material contained within the proposal if allowable pursuant to the Colorado Open Records Act, C.R.S. Title 24, Article 72, Part 2.

Via a separate zip folder, if requesting confidentiality of information, Offeror must provide:

· A written statement indicating what portion of the Colorado Open Records Act, C.R.S. Title 24, Article 72, Part 2, applies to the suggested confidential/proprietary information which would allow for the material to be exempted from CORA. The letter must also specifically state what elements of the proposal are to be considered confidential/proprietary.

· The entire proposal with all confidential/proprietary information redacted.

The zip folder should start with the solicitation type, solicitation number, and vendor name, followed by Confidential (e.g., “RFP DAAA 2026-0237, Vendor Name Confidential…”).

Therefore, if submitting a proposal with items redacted, Offeror must upload two ZIP folders via the process in Section 2.3. One original version with NO redactions. And one ZIP folder with the letter and the entire proposal with the confidential/proprietary information redacted via the same process as listed in Section 2.3; however, with Confidential in the title of the zip folder.

Submitting one zip folder that comingles confidential/proprietary information with other proposal documents will nullify the confidential/proprietary status and will remove any restrictions on the use or inspection of the material.

Neither a proposal in its entirety nor the proposal cost/price information will be granted confidential/proprietary status. Any information that will be included in any Contract resulting from this solicitation cannot be considered confidential.

After award, the proposals will be open to public inspection pursuant to the Colorado Open Records Act, subject to any continued prohibition on the disclosure of confidential data.

The Department will make a written determination as to the apparent validity of any written request for confidentiality. The written determination will be sent to the Offeror. The Offeror may protest the decision per Procurement Rule 24-101-401-03.

MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the Offeror prior to the Proposal Submission Deadline.

BINDING OFFER

By submitting a proposal, Offeror confirms that their proposal shall remain a firm offer for 180 days. Acknowledgment of this condition is indicated by submission of the Offeror’s proposal.

PROPOSAL MATERIALS OWNERSHIP

All products and materials submitted in response to this solicitation become the property of the State of Colorado at the proposal submission deadline, unless otherwise noted in this solicitation. This RFP does not commit the Department to award a Contract or to pay any costs incurred in the preparation of a proposal. All costs incurred by an Offeror in responding to this RFP shall be borne by the Offeror.

Proposals may be reviewed by any person after the Notice of Intent to Award has been issued, subject to the terms of C.R.S. Title 24, Article 72, Part 2 and any confidential/proprietary status granted by the Department.

proposal accessibility requirements Offeror’s proposal should be accessible and be able to be read by a screen reader. Any documents, materials, communications, or other information submitted by Offeror during the proposal submission and evaluation process for this solicitation must comply with the accessibility requirements stated in C.R.S. §§ 24-85-101, et seq. and the Draft Contract attached to this solicitation.

By submitting a proposal in response to this solicitation, Offeror certifies that, if awarded the Contract resulting from this solicitation, Offeror shall ensure that all products, services, and/or Work performed or provided by Offeror under the Contract will comply with the accessibility requirements stated in C.R.S. §§ 24-85-101, et seq. and the Draft Contract attached to this solicitation.

AWARD and contract

NOTICE OF INTENT TO AWARD

Upon approval of the Evaluation Committee’s recommendation for award, the Department will issue a Notice of Intent to Award to all Offerors that will state the Department’s intent to make an award to the selected Offeror(s). The Notice of Intent to Award will also be published on the VSS website.

PROTESTED SOLICITATIONS AND AWARDS

Any aggrieved party in connection with the solicitation or award of the Contract resulting from this RFP may protest. “Aggrieved party” means any actual or prospective bidder, offeror, or contractor who believes that he or she has suffered a denial of legal rights under this code in connection with the solicitation or award of a contract. “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 aggrieved party should protest to Sarah Fischman, Purchasing and Contracts Director, via email to CDE_Purchasing@cde.state.co.us. The protest must be submitted via email within ten business days after such aggrieved party knows, or should have known, of the facts giving rise to the protest.

PROPOSAL CONTENT ACCEPTANCE

An Offeror shall identify clearly and thoroughly any variation between its proposal and the Department’s RFP requirements. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP. By submitting a proposal the Offeror affirms its acceptance of the terms and requirements of the RFP.

The contents of the proposal of the successful Offeror, including persons specified to implement the project, will become contractual obligations if acquisition action ensues. Failure of the successful Offeror to accept these obligations in a contracting instrument may result in cancellation of the award and such Offeror may be removed from consideration for future solicitations.

A contract will be offered to the successful Offeror and, upon successful completion of negotiations, will be signed by both parties.

Should the contract not be completed and agreed to by both parties within 30 calendar days following the issuance of a draft contract to the successful Offeror for review, through no fault of the Department’s, the Department, at its sole discretion, may elect to cancel the existing award announcement and make an award to the next most advantageous Offeror CONTRACT TERMS and CONDITIONS The draft contract to be executed is included as an appendix to this solicitation (see Appendix B). The Special Provisions of the Draft Contract shall not be negotiable.

In addition, Exhibit C, Education Data Privacy Provisions as included in the Draft Contract is based on C.R.S. §§ 22-16-101, et al. Per this statute, the Department cannot enter or renew a Contract with any Offeror that refuses to comply with the requirements of the statute. As such, most of the provisions of Exhibit C in the Contract are not negotiable. By submitting a proposal, the Offeror confirms its willingness to agree to the language in Exhibit C. Awarded Offeror shall comply to existing privacy/security standards established by the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Section 1232g; 34 CFR Part 99), the Student Data Transparency and Security Act (C.R.S. §§ 22-16-101, et al.), and any other applicable laws, and to the Department’s data privacy and security policies.

By submitting a proposal, the Offeror confirms its willingness to enter a contracting document containing the terms and conditions or substantially similar terms and conditions to the draft contract and the requirements of this solicitation without exception, deletion, qualification, or contingency.

If Offeror is not willing to accept all terms and conditions, Offeror should provide a redlined version of the draft contract and/or the statement of work, along with a written statement explaining the reasons for the redlines and requested changes with the proposal submission and the specific affect it will have on the Offeror’s ability to perform the requirements of this solicitation.

No changes to the contract will be considered unless the Offeror proposed specific, alternative language. Failure to submit alternative language shall be deemed a waiver of any rights to subsequently modify the contract. If Offeror normally seeks counsel on contract terms and conditions, please do so before submitting a response to this RFP. The Department may, at its discretion, contact Offerors regarding contract changes prior to or during the evaluation process or after a notice of intent to award has been made. Failure to resolve changes to the contract within five business days from the Department’s first contact with Offeror regarding the exceptions may preclude the Department’s further consideration of Offeror’s proposal.

The Department will not accept any proposals that are conditional on acceptance of modified terms and conditions.

NEWS RELEASES

News releases pertaining to this solicitation or intent to award shall NOT be made prior to execution of the Contract or without prior written approval by the Department.

Contract Funding The Contract is subject to and contingent upon the continuing availability of federal and state funds for the purpose hereof. The Offeror recognizes that it is to be paid, reimbursed or otherwise compensated with federal and state funds provided to the Department for the purposes of contracting for the services provided herein. The Offeror expressly understands and agrees that all its rights, demands and claims to compensation arising under the Contract are contingent upon receipt of such funds by the Department. In the event that the Department does not receive such funds or any part thereof, the Department may immediately terminate the Contract without liability, including liability for termination cost.

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