Appendix A Administrative Information.docx

HCPF Solicitation #:

RFP UHAA 2026000258

Home and Community Based Services Quality and Member Experience Monitoring Appendix A Administrative Information

TABLE OF CONTENTS

Official Means of Communication Solicitation Publication and Communications The solicitation referenced on the cover page of this document is issued for the State of Colorado by the Department of Health Care Policy and Financing (Department) and is posted on the Colorado Vendor Self Service (VSS) website at https://colorado.gov/VSS. See Section 2.1 below.

During this solicitation process, official communication with Offerors will be via notices on the Colorado VSS website. Notices may include modifications, addenda, responses to inquiries and the announcement of the apparent winning Offeror. It is the Offeror’s responsibility to periodically check the Colorado VSS website for notices, changes to solicitation content, changes to timelines or requirements, additional documents, or other amendments or notices that pertain to this solicitation.

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

Kate Allen Kate.Allen@state.co.us with a cc to HCPF_RFPQuestions@state.co.us All official communication must be done through the Department’s sole point of contact unless otherwise notified in writing by the Department. The individual listed above is the sole point of contact for this solicitation. Initiating contact with anyone other than this individual may result in Offeror disqualification.

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

Inquiry Deadline*: 09/17/26, 11:00 a.m. Mountain Time (MST/MDT) Proposal Submission Deadline: 10/13/2026, 3:00 p.m. Mountain Time (MST/MDT) Notice of Intent to Award Published (Estimated): 10/30/2026 *If a vendor wishes to attend a virtual public proposal opening, please notify the sole point of contact identified in Section 1.2 by the Inquiry Deadline and participation information will be shared with the vendor.

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 Colorado VSS website. The estimated vendor selection date and notification of award date is for informational purposes only and may vary significantly based on the number and size of proposals received.

It is the responsibility of the Offeror to ensure that the Department receives Offeror’s inquiries or before the Inquiry Deadline in compliance with the delivery method identified in Section 2.2 below.

It is the responsibility of the Offeror to ensure that the Department receives Offeror’s complete proposal package on or before the Proposal Submission Deadline in compliance with the delivery method identified in Section 4.5 below.

Colorado Vendor Self Service (VSS) Offerors may register in the Colorado Vendor-Self-Service option (VSS) in order to obtain solicitation documents and updates. Offerors may register free of charge at the following link: https://colorado.gov/vss or may click on “Public Access” at the VSS website to view solicitation documents and modifications without registering. The Colorado VSS Help Desk is available Monday through Friday 8:00 a.m. to 5:00 p.m. MT and can be reached by calling (303) 866-6464 or emailing VSSHelp@state.co.us. Offerors are highly encouraged but not required to register with VSS prior to or at the time the Offeror submits its response. The Department also recommends that interested vendors and Offerors check Colorado VSS on a regular basis throughout this solicitation process. The Department will not accept inquiries and/or proposals submitted through the Colorado VSS website. For proposal delivery instructions, please see Section 4.5 below.

Inquiries Offerors may submit written inquiries via email concerning this solicitation to obtain clarifications. The Department may not accept inquiries after the date and time indicated in the Schedule of Activities. Offerors’ inquiries shall be submitted to the Department by the date and time indicated in the Schedule of Activities. Inquiries received after the inquiry deadline may not be accepted.

Offerors shall submit all inquiries by electronic mail (e-mail) to the sole point of contact listed in Section 1.2 above with a cc to HCPF_RFPQuestions@state.co.us. The Department will not accept inquiries submitted through the Colorado VSS website. The e-mail should include the following:

This solicitation number and title listed in the e-mail subject line.

The section or line numbering in this solicitation that precedes the text on which the inquiry is based. Follow the numbering with the Offerors’ question(s) pertaining to that text in this solicitation.

Inquiries received by the Department by the Inquiry Deadline will be responded to by the Department via a modification posting on the Colorado VSS website. Offerors shall not rely on any verbal statements that alter any specification or other term or condition of the solicitation. Such changes are valid only if provided in writing by the Procurement Contact. Inquiries received after the Inquiry Deadline may not be included in the Department’s response.

Proposal Submission Deadline Proposals must be received on or before the Proposal Submission Deadline.

It is the responsibility of the Offeror to ensure that the Department receives Offeror’s complete proposal package on or before the Proposal Submission Deadline in compliance with the delivery method identified in Section 4.5 below.

Please contact the Department’s point of contact if you are unable to submit your proposal electronically.

Proposals received after the Proposal Submission Deadline will not be considered except as specifically permitted in the Colorado Procurement Code and its implementing rules.

List of Bidders Following the Proposal Submission Deadline, organizations may request a list of names of all Offerors who have submitted a proposal package that was received by the Proposal Submission Deadline by e-mailing the request to sole point of contact listed in Section 1.2 above with a cc to HCPF_RFPQuestions@state.co.us.

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.

Solicitation Cancellation In accordance with C.R.S. §24-103-301 and the related Procurement Rules, the Department may cancel this entire solicitation or individual phases, or any and all proposals may be rejected in whole or in part, without penalty, at any time before a Contract is executed, when it is in the best interest of the State. The reason and documentation supporting the decision to cancel the solicitation or reject proposal(s) shall remain confidential for the lesser of six months or until a Contract(s) is awarded by the Department. Reference Procurement Rule R-24-101-401-05. If the solicitation is cancelled after proposals are received, the proposals that have been opened shall be retained in the procurement record, or if unopened, they will be disposed of, or returned to the submitting Offeror’s upon request, at the submitting Offeror’s expense.

In the event that the Department receives only one proposal, the Department may determine that this was the result of insufficient competition. In this event, the Department reserves the right to cancel this solicitation and either enter into Competitive Negotiations with the sole Offeror or choose to re-solicit.

Proposal and Pre-Contract Costs Offerors are solely responsible for all costs incurred as a result of responding to this solicitation, which may include, but is not limited to, meetings, presentations, or negotiations. The Department is not liable for any costs incurred by Offerors prior to the issuance of a legally executed contract or commitment voucher. No property interest of any nature shall occur until a contract is awarded and signed by all concerned parties.

Offeror Registration in Colorado If Offeror is a business that is incorporated in the State of Colorado, then Offeror shall be properly registered to do business in the State with the Colorado Secretary of State. If Offeror is incorporated in a jurisdiction outside of the State of Colorado and will transact any business within the State of Colorado, Offeror shall register with the Colorado Secretary of State as required under C.R.S. §7-90-801. All Offerors who are required to register with the Colorado Secretary of State shall obtain a Certificate of Good Standing or Certificate of Existence prior to the execution of any contract resulting from this solicitation. Proof of such certification shall be provided upon request by the Department. Offerors do not need to submit these documents unless they are awarded this solicitation.

Offeror Identification The tax identification number provided on any forms related to this solicitation must be that of the Offeror responding to this solicitation. The Offeror must be a legal entity with the legal right to contract.

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 (C.R.S. §39-26-704). The Colorado State and Local Sales Tax Exemption Number is 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 Offeror 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 this proposal each Offeror certifies:

The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or with any competitor;

Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to opening, directly or indirectly to any other Offeror or to any 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 this proposal to be submitted certifies that:

1. They are the person in the Offeror’s organization responsible for the decision as to the prices being offered herein and that they have not participated and will not participate in any action contrary to this section; or

1. They are not the person in the Offeror’s organization responsible for the decision as to the prices being offered herein but that they have been authorized 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 they have not participated, and will not participate, in any action contrary to this section.

If any statement in this section of this document is not true for Offeror’s organization, the proposal will not be considered for award unless the Offeror furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the Department’s Procurement Official, or the Procurement Official’s designee, determines that such disclosure was not made for the purpose of restricting competition.

Insurance requirements The awarded Offeror(s), as applicable, will be required to submit a certificate(s) of insurance evidencing insurance coverage for, at minimum, the types and amounts of insurance as required by the Insurance provision in the Contract Terms and Conditions, included in this solicitation as Appendix B, prior to execution of the Contract. Offerors do not need to submit these documents unless the Offeror is awarded this solicitation.

Service Disabled Veteran Owned Small Businesses (SDVOSB) SDVOSB Offerors must submit documentation of certification issued through the U.S. Department of veteran’s affairs in their proposal. C.R.S. §24-103-905 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 Center for Verification and Evaluation within the United States department of veteran’s affairs. See www.vip.vetbiz.va.gov. Please identify the documentation of certification as an exhibit or otherwise make the documentation of certification plain and easily identifiable if Offeror submits a certification to the Department.

Offeror Assistance Any Offerors 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.

Conflicts of interest The Offeror must disclose in its proposal any potential or actual conflict of interest in connection with a response to this solicitation. A conflict of interest may include, but is not limited to, access to any non-public information by the Offeror regarding the solicitation or its subject matter. The Offeror acknowledges that even the appearance of a conflict of interest may be harmful to the Department’s interests. The Offeror shall disclose in its proposal whether there currently is, or potentially could be, the appearance of a conflict of interest regarding this solicitation, its staff, any proposed subcontractors or partners, or any related business with the Department. Requirements set forth in this Section are continuing requirements throughout the solicitation process and, for the awarded Offeror, the Contract term, including any extensions. Reference §24-18-201, C.R.S., et seq. (Proscribed Acts Related to Contracts and Claims); §24-50-507, C.R.S. (Conflict of Interest); §18-8-301, C.R.S., et seq. (Bribery and Corrupt Influence); §18-8-401, C.R.S., et seq. (Abuse of Public Office); §6-4-101, C.R.S., et seq. (Colorado State Antitrust Act of 2023); §24-109-105, C.R.S. (Debarment and Suspension); Procurement Rule R-24-101-107-01 (Ethics); and the Procurement Conflicts of Interest State Controller Policy when evaluating and potential, actual, or apparent conflict of interest.

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:

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

Have not within a three-year period preceding the proposal been convicted of or had a civil judgment rendered against them for 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;

Are not presently under investigation for, indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in the previous bulleted item; and Have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default.

If the Offeror is unable to certify any of the statements in this certification, Offeror shall provide an explanation included as a separate attachment to the proposal as an Additional Attachment. The inability of the Offeror to provide the certification will not necessarily result in disqualification of the Offeror. The explanation will be considered in connection with the Department’s determination whether to award a contract to an Offeror.

Performance Disclosure The proposal shall fully disclose any negative contract matters related to the Offeror, the Offeror’s principal, and/or the Offeror’s affiliates for contracts or potential contracts in the last seven years. If applicable, the Offeror shall include a separate attachment to the proposal as an Additional Attachment and disclose the following:

Any formal or informal investigative, formal or informal audit, or similar findings or charges of fraud, malfeasance, anti-trust violation, civil violation, criminal activity, or fine, including any matter resolved or otherwise agreed to by settlement.

Any formal or informal corrective action plan(s) or similar remediation communication even if termed differently, formal or informal notices to cure, termination of contract for breach, or formal or informal audit findings concerning deficiencies in a contract with a local, special district (however termed in any applicable jurisdiction), state, or federal government agency.

Detailed information on all lawsuits for issues pertaining to contract performance, contract payments, or other contract obligations under an agreement with a local, special district (however termed in any applicable jurisdiction), state, or federal agency and the outcome of the lawsuit or settlement.

Any notification from a local, special district (however termed in any applicable jurisdiction), state, or federal agency regarding the local’s, special district’s, state’s, or federal agency’s decision not to extend and/or renew a contract when the option to do so existed and was available for the local, special district, state, or federal agency.

Any information or notice received by any means regarding concerns related to the Offeror, the Offeror’s principal, and/or the Offeror’s affiliates’ contract performance.

In accordance with 1 CCR 101-9:R-24-103-401-01, the Department may examine any additional information outside of the proposal to determine the Offeror’s responsibility.

Proposals Solicitation Compliance / Proposal Rejection Proposals will be accepted only for the entire Statement of Work as described within this solicitation except as specifically stated in the solicitation.

Estimated costs/prices will not be accepted. Proposed costs/prices must be firm. Pricing also must include any fees associated with the delivery of the goods or services, including, but not limited to, shipping and installation 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 or determined non-responsive. The Department reserves the right to reject any or all proposals 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. Such disqualification or determination may occur at any point following the Proposal Submission Deadline.

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

Best and final offers may be requested and considered, at the Department’s option and request, as part of the evaluation process.

General Instructions Offeror should adhere to the format prescribed and content required for proposal responses. Offeror’s proposal response and attachments shall:

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

Comply with all applicable provisions of C.R.S. §§24-85-101, et seq., and the Accessibility Standards for Individuals with a Disability, as established by the Governor’s Office of Information Technology (OIT), pursuant to C.R.S. §24-85-103(2.5). See https://oit.colorado.gov/standards-policies-guides/guide-to-accessible-web-services/accessible-pdfs-and-documents. Contractor shall also comply with 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. See https://oit.colorado.gov/accessibility.

Present writing that is responsive, succinct, self-explanatory and well organized on pages that are consecutively numbered in a consistent numbering format.

Be concise but provide complete responses. 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.

Include attachments, as specified within the solicitation documents. Present attachments that are labeled with wording related to the requirement or topic covered within that attachment.

Address “OFFEROR’S RESPONSE” items from throughout the solicitation as follows:

Display the complete text of each item labeled throughout the solicitation with the bold font wording “OFFEROR’S RESPONSE” followed by its number. The “OFFEROR’S RESPONSE” text should appear in bold font in the proposal.

Provide Offeror’s full and complete response to each numbered “OFFEROR’S RESPONSE”. Offeror’s responses should be placed directly after the numbered “OFFEROR’S RESPONSE” it is addressing and should contain Offeror’s full and complete response to that particular numbered “OFFEROR’S RESPONSE”.

NOTE: The Evaluation Committee expects Offeror’s full and complete response to be placed directly following the repeated numbered “OFFEROR’S RESPONSE” text from the solicitation. Offerors should not expect the Evaluation Committee to review anything but Offeror’s response directly following the repeated numbered “OFFEROR’S RESPONSE” text from the solicitation.

Complete Submission A complete submission shall include the following:

Technical and Cost Proposal The Technical and Cost Proposal shall consist of the following:

Table of Contents The Table of Contents shall include headings that denote the major sections in the proposal. In addition, each attachment should be separate.

Executive Summary The Executive Summary shall be factual and succinctly cover the core aspects of Offeror’s staffing, methodologies, and approaches to fulfill the Statement of Work within the solicitation.

The name, phone number and e-mail address for the Offeror’s contact person for the Offeror’s proposal, and the Offeror’s CORE VSS number shall be included at the end of the Executive Summary.

W-9 (Appendix C in this solicitation) A W-9 shall be completed and signed.

Technical Proposal Responses The Technical Proposal Responses shall consist of Offeror’s full and complete response to all numbered “OFFEROR’S RESPONSE” items with the exception of any numbered “OFFEROR’S RESPONSE” items that specifically asks for a response pertaining to Offeror’s cost or pricing quote to fulfill the Statement of Work within the solicitation.

Technical Proposal Attachments, if applicable Any attachments that are requested or required within the Statement of Work or any attachment deemed applicable by Offeror in response to a numbered “OFFEROR’S RESPONSE” item.

Cost Proposal Responses Offeror’s full and complete response to any numbered “OFFEROR’S RESPONSE” item that specifically asks for a response pertaining to Offeror’s cost or pricing quote to fulfill the Statement of Work within the solicitation.

Offeror’s Cost Proposal Attachments, if applicable Any attachments that are requested or required within the Statement of Work or any attachment deemed applicable by Offeror in response to a numbered “OFFEROR’S RESPONSE” item that specifically asks for a response pertaining to Offeror’s cost or pricing quote.

Additional Attachments Additional Attachments shall consist of Offeror’s Response, as applicable, to any of the following:

Conflicts of Interest (see Section 3.11 of this document) Debarment and Suspension (see Section 3.12 of this document) Contract Performance Disclosure (see Section 3.13 of this document) Contract Terms and Conditions (see Section 5.4 of this document) Offeror Response Signature Page: Offerors responding to this solicitation must fill out this section in its entirety, sign, and return it with Offeror’s response. This page must bear a physical or electronic signature, as electronic signature is defined in the "Uniform Electronic Transactions Act", section 24-71.3-102 (8), evincing an intent by the vendor to be bound by its response. Failure to do so may disqualify the vendor response.

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

LEGAL COMPANY NAME (OFFEROR): Full Legal Company Name

AUTHORIZED SIGNATURE

By: Name of Person Signing for Contractor TYPED/PRINTED NAME : Signer’s Full Name

TITLE

PHONE NUMBER

EMAIL ADDRESS

CONTACT FOR CLARIFICATIONS: Name of Contact

TITLE

PHONE NUMBER

EMAIL ADDRESS

If the Offeror has no responses to any of these items, then the Offeror may, in its discretion, either not submit a response for that item or submit a statement for each of the above items stating that it has no response to that section.

Financial Information Financial Information consisting of a statement from the Offeror’s Chief Financial Officer that the Offeror has the financial strength to maintain the contract if awarded. The Department may request true copies of the Offeror’s most recent audited annual financial statements. DO NOT submit financial statements with your proposal. If requested from the Department, the information may be used to assist the Department in making its determination of Offeror’s responsibility in accordance with C.R.S. §24-103-401. Any statements requested by the Department must be prepared by a Certified Public Accountant and meet the Generally Accepted Accounting Principle (GAAP) standards.

Offeror determines that any part(s) of the VPAT does not apply, if applicable.

Proposal Package and Copies An Offeror’s proposal shall consist of all of the following:

1. Exact and complete copy of the Technical Proposal, titled with the Offeror’s name and “Technical Proposal”.

Exact and complete copy of the Additional Attachments, titled with the Offeror’s name and “Additional Attachments”.

A document containing the Financial Information (as specified in Section 4.3(3) in this Appendix A).

Proposal Submission The complete proposal, including all required documents, must be received by the Proposal Submission Deadline via the following link:

https://cohcpf.app.box.com/f/ffb2b437b35d42e18ab240fd0d39bbb3 If you have any issues with submitting your proposal, please contact the solicitation sole point of contact. The Department will not accept proposals submitted through the Colorado VSS website or in hard copy. Please identify the Offeror’s name at the beginning of each file name. Proposals received after the submission deadline shall not be opened and shall be rejected as a late proposal, unless otherwise permitted by the Procurement Official in accordance with Procurement Rule R-24-103-201-10. Responsibility for ensuring that an Offeror’s proposal is received on time rests with the Offeror. Reasonably foreseeable problems inherent in the delivery of a proposal are not extraordinary circumstances permitting acceptance of late proposals.

Confidential / Proprietary Information Submission The Offeror may request any restrictions on the use or inspection of material contained within the Offeror’s proposal package submitted in response to this solicitation. Any request for confidentiality for items submitted in the proposal package shall be submitted by the Offeror in writing along with the Offeror’s proposal.

For a request for confidentiality for items included in the proposal package submitted in response to this solicitation, the Offeror shall provide a separate document with all confidential/proprietary information redacted. The separate document should be labeled with the Offeror’s name, “Confidential/Proprietary,” and the solicitation number. The request must be received by the Proposal Submission Deadline along with the Offeror’s Proposal. All requests for confidentiality submitted in response to this solicitation shall include a letter indicating what portion of the Colorado Open Records Act, §24-72-200.1, et seq., as amended, applies to the suggested confidential/proprietary information. The Offeror must also specifically state what elements of the proposal or other submission or disclosure would be considered confidential/proprietary. For each element of the proposal, other submission, or disclosure that the Offeror considers confidential/proprietary, the Offeror must provide a rationale explaining how the information is confidential/proprietary. If the information is a trade secret, the rationale must also include why the Offeror believes such information is a trade secret. Rationales that conclusively label information as a trade secret without substantiation or explanation will not be accepted.

Financial Information submitted in response to this solicitation will be held confidential without additional justification from the Offeror so long as it is properly redacted in the Offeror’s Confidential/Proprietary submission, except to the extent that such information is already publicly available, such as in the case of publicly held companies.

The Offeror will be informed in writing via email as to the decision on the confidentiality request as soon as practicable. If any of the requested redactions are denied, the Offeror will have the opportunity to: 1) resubmit its proposal to only include redactions approved by the Department; 2) choose to withdraw its proposal; or 3) protest the decision of the Department as described in Section 5.2.

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.

With respect to the confidentiality of items submitted or disclosed to the Department after the proposal submission deadline, including but not limited to during any negotiations related to this solicitation or as part of a best and final offer, the Department shall determine, in its sole discretion, whether to permit or restrict confidential items. If such confidential information is permitted by the Department, any request for confidentiality for items submitted or disclosed to the Department after the proposal submission deadline shall be submitted as directed by the Department’s point of contact listed in this Appendix.

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.

Modification or Withdrawal of Proposals Proposals may be modified or withdrawn by the Offeror prior to the Proposal Submission Deadline. Withdrawal of an Offeror’s proposal following the proposal submission deadline and prior to award, may be allowed, in the Department’s discretion. Withdrawal of an Offeror’s proposal after award is not allowed. Reference Procurement Rules R-24-103-201-08 and R-24-103-201-09.

Binding Offer By submitting a proposal, the Offeror confirms that their proposal shall remain a firm offer for at least 180 days, unless otherwise specified in this solicitation. Reference Procurement Rule R- 24-103-201-11(d). 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.

Proposals may be reviewed by any person after the “Notice of Intent to Award” announcement has been issued, subject to the terms of the Colorado Open Records Act, as amended and any confidential/proprietary status granted by the Department per Section 4.6 of this document.

Risk Assessment and Responsiveness Evaluation Factor Evaluators will assess the degree of risk associated with the Offeror’s proposal, including but not limited to risks related to accessibility compliance, including analysis of any VPAT, if applicable; contractual terms; prior performance; and organizational reliability. The State may consider the extent to which the proposal indicates potential risks that could affect successful performance of the resulting contract. Factors may include, but are not limited to:

Exceptions, redlines, or proposed contract modifications that may affect legal, financial, or operational risk.

Accessibility compliance risks as identified in the Offeror’s VPAT (Voluntary Product Accessibility Template), if applicable, or other general accessibility compliance risks.

Disclosures of corrective actions, lawsuits, or compliance issues identified under Appendix A § 3.13.

Identified weaknesses, ambiguities, or omissions in the Offeror’s proposal that could increase the risk of unsuccessful performance or noncompliance with federal or state grant requirements.

Any other proposal elements that reasonably indicate potential performance or compliance risk.

Award and Contract Notice of Intent to Award The award determination is ultimately a business decision that will reflect an integrated assessment of the relative merits of the proposals received, using the factors set forth in this solicitation. Upon approval of the Evaluation Committee’s recommendation for award, the Department will issue a “Notice of Intent to Award” announcement to all Offerors that will state the Department’s intent to make an award to the selected Offeror. The award will also be published on the Colorado VSS website.

Protested Solicitations and Awards Any actual or prospective Offeror or contractor who is aggrieved in connection with this solicitation or award of a contract may submit a protest. The protest shall be submitted via e-mail not later than 3:00 P.M. Mountain Time (MST/MDT) on the 10th Business Day after such aggrieved person knows, or should have known, of the facts giving rise thereto.

To be considered, the protest should be submitted electronically to:

Alicia Severn, Procurement Director alicia.severn@state.co.us with a cc to HCPF_RFPQuestions@state.co.us Proposal Content Acceptance The contents of the proposal of the successful Offeror, including persons specified to implement the project, will become contractual obligations in the contract. 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, the Department, at its sole discretion, may elect to cancel the existing award announcement and make an award to the next most advantageous Offeror.

Requests for Changes to Contract Terms and Conditions As described in the solicitation, the contracting document resulting from this solicitation will be substantially similar to the draft contract attached to the solicitation as an appendix. Requests for changes, additions, or exceptions to the standard terms and conditions must be submitted as Additional Attachments. The request must include: (1) a redline version of the contract attached as an appendix showing the changes, additions, or exceptions desired; (2) a listing of all changes, additions, or exceptions desired; (3) an explanation of why Offeror is requesting each change, addition, or exception; and (4) the specific effect the proposed change, addition, or exception will have on the Offeror’s ability to perform the requirements of this solicitation. The Department reserves the right to reject any and all changes, additions, or exceptions the Offeror proposes to the draft contract and/or exhibits attached to the solicitation as appendices, in the Department’s sole discretion. If an Offeror normally seeks counsel on contract terms, the Offeror should do so before submitting a response to this RFP. In the event such Offeror requests violate State law, regulation, or policy, or would otherwise not be justifiable as being in the best interest of the State, the Department may make a determination that an Offeror’s proposal is disqualified and the Offeror’s response may be eliminated from further consideration. Note that the Department is subject to the State Controller’s Policies, including the State Controller’s Policy on Model Contracts, § 2, requiring that modifications of the draft contract include the minimum modifications and changes necessary to achieve the Department’s objectives. https://osc.colorado.gov/financial-operations/osc-policies-guidance/contract-policies.

News Releases Offerors shall not issue news releases pertaining to this solicitation or intent to award prior to execution of the contract or without prior written approval by the Department.

Contact Funding The Contract resulting from this solicitation 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 this solicitation or a subsequent Contract, if any, 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 this solicitation or a subsequent Contract, if any, without liability, including liability for termination cost.

Appendix A, Administrative Information Solicitation #: RFP UHAA 2026000258 image1.png