Appendix A RFP Administrative Information V2.pdf

Appendix A RFP # DOR17002/Scratch

RFP ADMINISTRATIVE INFORMATION

1. Issuing Office

This RFP is issued by the State of Colorado (State) for the benefit of DOR. DOR

Purchasing Director, Sherri Gibson, is to be the sole point of contact concerning this

RFP. All official communication must be done through Sherri Gibson.

2. Invitation to Submit Proposals

Offerors who have an interest may submit a proposal in accordance with the terms of the

RFP. The State no longer “contacts” prospective contractors about solicitations. Rather, notices are posted on the VSS (Colorado Vendor Self Service: (Colorado VSS ) system.

Offerors who have an interest may submit a proposal in accordance with terms of this

RFP. Because of the limited competition expected from VSS vendors on this solicitation, the procuring agency intends to use both VSS and additional methods of vendor notification and may make the specifications available to non-registered vendors through additional means. However, quotes, bids, or offers submitted by non-registered VSS vendors will not be opened or considered (except as necessary to determine registration status) unless, after examination of quotes, bids, or offers submitted by VSS registered vendors, it is determined that there is not adequate competition among VSS registered vendors. If adequate competition (as defined in Colorado Procurement Rule R-24-103-

101-01) exists among registered vendors, quotes, bids, or offers from non-registered vendors will not be considered. A vendor is considered registered if its registration is received in VSS prior to the solicitation opening date and time.

C.R.S. Section 24-103-211 sets a Service-Disabled Veteran Owned Small Business

(SDVOSB) goal of at least 3 percent 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 Veteran Enterprise within the U.S. Department of Veterans Affairs. See www.vip.vetbiz.gov. By responding to this solicitation, the successful Offeror certifies that it shall comply with the provisions of C.R.S. Section 24-

103-211. Only SDVOSBs that meet minimum specifications can be considered for the percentage preference. SDVOSBs must submit documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs in their response to the solicitation.

https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService http://www.vip.vetbiz.gov/

3. Purpose

This RFP provides offerors with sufficient information to enable them to prepare and submit proposals for consideration by the State to satisfy the need for expert assistance in the completion of the goals in this RFP.

4. Scope

This RFP contains instructions governing the proposal to be submitted and the material to be included therein; mandatory requirements which must be met to be eligible for consideration; and other requirements to be met by each proposal. The State reserves the right to add additional goods/services or future technology that would be a natural extension of this procurement over the term of the award.

5. Schedule of Activities and Timeline

ACTIVITY

DATE / TIME

(Mountain Time)

A. RFP Publication. RFP Notice published on VSS. October 28, 2016

B. Inquiries. See Section 6, Inquiries, for the process on submitting inquiries.

Offerors are encouraged to send as many inquiries as possible in Round 1.

Round 1: November 2, 2016

5:00 PM MST

Round 2: November 23, 2016

5:00PM MST

C. PROPOSAL SUBMISSION DEADLINE

Submit seven (7) copies: one (1) original and six (6) copies plus an electronic copy.

December 1622, 2016

2:00 PM MST

D. Oral Presentations / Site Visits (if required) January 30 – February 10, 2017

(estimated)

E. Selection of Apparent Successful Contractor(s), posting on VSS of “Notice of Intent to Make Award” March 23, 2017 (estimated)

F. Financial/Security Admissions for Apparent Successful

Contractor(s) due to Lottery March 31, 2017 (estimated)

G. Computer Generated Media/Algorithms delivered to

Lottery for testing March 31, 2017 (estimated)

H. Complete Financial/Security Checks April 7, 2017 (estimated)

I. Complete Algorithm acceptance testing April 7, 2017 (estimated)

Initial contract period July 1, 2017 through June 30, 2023 with the option to renew for up to two (2) additional two-year periods.

July 1, 2017 or date contract is executed, whichever is later, through June 30, 2023, with possible renewals through June 30, 2027.

6. Inquiries

Contractors may make written inquiries (via email) concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Send all inquiries to DOR Purchasing Director, Sherri Gibson, at Sherri.Gibson@state.co.us.

The subject line of the email must be clearly marked with Inquiries must be clearly marked with “RFP DOR17002/Scratch”.

Responses to offeror's inquiries will be published, in a timely manner, as a modification on VSS. Offerors shall not rely on any verbal statements that alter any specification or other term or condition of the RFP. Such changes are valid only if provided in writing by

DOR Purchasing Director.

7. Pre-Proposal Conference

A Pre-Proposal Conference will NOT be held. Reference Section 6 for process to submit inquiries.

8. Modifications or Withdrawal of Proposals

Proposals may be modified or withdrawn by a contractor prior to the established due date and time.

9. Proposal Submission

Proposals must be received on or before the date and time indicated in the Schedule of

Activities. Late proposals will not be accepted. It is the offeror’s responsibility to ensure that proposals are received by DOR on or before the proposal opening date and time. Offerors mailing their proposals shall allow sufficient mail delivery time to ensure receipt of their proposals by the time specified. Postmarks are not sufficient for timely submissions. The proposal package shall be delivered to:

Department of Revenue

Purchasing & Contracts Services

Attn: Sherri Gibson

1375 Sherman Street, Room 322

Denver, CO 80203

If sending through the mail, please use the following address:

Department of Revenue

Purchasing & Contracts Services

Attn: Sherri Gibson

P.O. Box 17087

Denver, CO 80217-0087

One copy of the State of Colorado Request for Proposal – Confirmation of Offer form

(attachment labeled RFP Confirm) MUST be completed and signed in ink by a person who is legally authorized to bind the contractor to the proposal. The signed form is to be included with the proposal copy that is marked as ORIGINAL.

Submit 6 (six) copies of your proposal in addition to the original copy, for a total of 7

(seven) copies of your proposal. Submit one electronic copy of your proposal. Proposals that are determined to be at a variance with this requirement may not be accepted.

Proposals must be sealed and submitted in an appropriate envelope, package or box.

Please include the following information on the outside of the envelope and/or package:

OFFEROR’S'S NAME

RFP Number

PROPOSAL DUE DATE AND TIME

DOR desires and encourages that proposals be submitted on recycled paper, printed on both sides. While the appearance of proposals and professional presentation is important, the use of non-recyclable or non-recycled glossy paper is discouraged.

10. Addendum or Supplement to Request For Proposal

In the event that it becomes necessary to revise any part of this RFP, a modification notice will be posted on VSS. It is very important that contractor check VSS on a regular basis, as this is the sole means for communicating any clarifications or changes to RFP content and/or requirements.

11. Oral Presentations/Site Visits

Offerors may be asked to make oral presentations, demonstrations and/or to make their facilities available for a site inspection by the evaluation committee.

Such presentations, demonstrations, and/or site visits will be at the Offeror's expense.

12. Acceptance of RFP Terms

A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of the offerorshall indicate acknowledgment of this condition.

Signature shall be that of a person legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the offeror of all terms and conditions including compensation, as set forth herein. An offerorshall identify clearly and thoroughly any variation between its proposal and the State’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.

13. Protested Solicitations and Awards

Any actual or prospective contractor may file a protest on any phase of solicitation or award, including but not limited to specifications, award, or a disclosure of information marked confidential in the response. The protest shall be submitted to DOR Purchasing

Director, Sherri Gibson, in writing, within seven (7) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Protests that are sustained where it is determined that the protesting Offeror should have been awarded the contract are entitled to bid costs incurred in connection with the solicitation. No other costs shall be permitted, and reasonable costs shall not include attorney fees. Ref.

Section 24-109, 101 et. seq., C.R.S., as amended; Section 24-109, 201 et. seq., C.R.S. as amended; Section R-24-109-101 through R-24-109-206, Colorado Procurement Rules.

14. Confidential/Proprietary Information

Any proposed restrictions for the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself.

Step 1. The contractor with its proposal shall submit written requests for confidentiality.

The contractor must provide a justification and state specifically what elements of the proposal are to be considered confidential/proprietary.

Step 2. Confidential/proprietary information must be readily identified, marked, and packaged separately from the rest of the proposal. Commingling of confidential and/or proprietary information with other information is NOT acceptable.

Step 3. The Purchasing Director will make a written determination as to the apparent validity of any written request for confidentiality. Neither a proposal in its entirety, nor proposal price information will be considered confidential and proprietary.

Any information that will be included in a resulting contract cannot be considered confidential.

Step 4. In the event DOR does not concur with the contractor's request for confidentiality, the written determination will be sent to the contractor. Ref. Section 24-

72-201 et. seq., C.R.S., as amended, Public (open) Records.

Step 5. If the contractor does not agree with the Purchasing Director’s determination and the parties cannot come to an agreement, the contractor may file a protest. See paragraph

13 in this section for more information regarding protest rights.

15. RFP Response Material Ownership

All material submitted regarding this RFP becomes the property of the State. Proposals may be reviewed by any person after the "Notice of Intent to Make an Award" letter has been issued, subject to the terms of Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records.

16. Proposal Prices

Estimated proposal prices or “to be negotiated” prices are not acceptable. Proposal prices will be considered your best and final offer, unless otherwise stated in the RFP. The proposal price will be considered in determining the apparent successful contractor.

17. Selection of Proposal - Notice

As mentioned in the RFP, an Evaluation Committee will review and evaluate offers submitted and make a recommendation for award. This selection will be for award to the responsible contractor whose proposal is determined to be most advantageous to the

State. DOR will post a "Notice of Intent to Make an Award" on VSS which will announce the Successful Offeror.

18. Award of Contract

The award will be made to the responsible offeror whose proposal, conforming to the

RFP, will be the most advantageous to the State, price and other factors considered. A contract must be completed and signed by all parties concerned. In the event the parties are unable to enter into a contract, the State may elect to cancel the "Notice of Intent to

Make an Award" letter and make the award to the responsible contractor whose proposal would subsequently have received the award.

19. Standard Contract

The contract to be executed is included as an attachment to this solicitation (see attachment labeled Contract).

The offeror’s signature on the Request for Proposal - Confirmation of Offer (see attachment labeled Confirm) is confirmation that the offeror understands and acknowledges that any award will require a contract between the State and the offeror containing the terms and conditions in the attached contract. Offeror agrees to all terms and conditions of the contract and, if awarded, agrees to sign the contract as is, with no modifications. If the Offeror submits any contractual modifications with its proposal, DOR, DOR may deem that as non-acceptance of the contract and may disqualify the

Offeror from consideration. DOR, at its sole discretion, may propose contract modifications.

The State does not intend to include the awarded contractors’ entire proposal as an exhibit to the resulting contract. Upon award, the State reserves the right to request any or all of the awarded contractors to resubmit specific portions of their proposal relative to the needs of the contract and performance of services. This process may require redaction and/or rewrite of proposals in accordance with the RFP process and the resulting contracts.

20. Change in Primary Contractor Status

In the event there is a change in Primary Contractor status during the term of the resulting contracts, the State reserves the right to negotiate with the Secondary Contractor for primary contractor status based on pricing submitted in the original RFP. Upon agreement of pricing and associated services related to fulfilling the primary contractor requirements, an amendment or other allowable mechanism in the existing contract will be executed.

21. Acceptance of Proposal Content

The contents of the proposal (including persons specified to implement the project) of the

Successful Offeror will become contractual obligations if acquisition action ensues.

Failure of the Successful Offeror to accept these obligations in a contract, purchase order, or similar authorized acquisition document may result in cancellation of the award and such contractor may be removed from future solicitations.

22. RFP Cancellation

The State reserves the right to cancel this RFP at any time, without penalty.

23. State Ownership of Contract Products/Services

Proposals, upon established opening time, become the property of the State of Colorado.

All products/services produced in response to the contract resulting from this RFP will be the sole property of the State of Colorado, unless otherwise noted in the RFP or contract.

The contents of the successful contractor's proposal will become contractual obligations.

24. Incurring Costs

The State is not liable for any cost incurred by offerors prior to issuance of a legally executed contract, purchase order, or other authorized acquisition document. No property interest, of any nature, shall occur until a contract is awarded and signed by all concerned parties.

25. Non-Discrimination

The contractor 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.

26. Rejection of Proposals

The State reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received and to accept any portion of a proposal or all items proposed if deemed in the best interest of the State.

27. Parent Company

If a contractor is owned or controlled by a parent company, the name, main office address and parent company's tax identification number shall be provided in the proposal. The tax identification number provided must be that of the contractor responding to this RFP.

28. News Releases

News releases pertaining to this RFP shall NOT be made prior to execution of the contract without prior written approval by the State.

29. Certification of Independent Price Determination

Except as otherwise disclosed with particularity, through its submission of a proposal, the offeror certifies that the prices and other terms in the proposal have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the proposal by, any other competing contractor. 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 contractor. 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.

30. Public Disclosure of Proposal

Offerors agree by submitting a proposal in response to this RFP that at no time during the proposal process will any offeror make any public claim that its products or systems are superior to that of any other the offeror(s) or that the products or systems of any other offeror can be compromised. Further, if any offeror determines that the products or systems of any competing offeror(s) are subject to compromise, the offeror shall make no such disclosure to the public at large, but will immediately detail the method of such compromise to the Lottery Purchasing Manager.

31. Subcontractors and Consultants If any part of the work is to be performed by a subcontractor, associated companies, or consultants, the Successful Offeror shall identify such party(s) and describe the contractual agreement(s) that it has with such party and the function(s) to be performed by that entity. Such subcontractor and its employees may, at the State’s discretion, be required to observe the Lottery’s policies, procedures and applicable statutes regarding background checks for employees, ticket purchases and media contacts, and it is the responsibility of the Successful Offeror to ensure that such policies and procedures are followed. The Lottery must approve use of the subcontractor in writing before being utilized for any work under this RFP. If any part of the work is to be subcontracted, the offeror must include in its proposal a complete description of the work to be subcontracted. Such approved subcontractors will not be parties to the contract.

If required by the Lottery, the Apparent Successful Offeror must include resumes and

Release of Information Forms (included within the attached icon labeled Disclosure

Forms) for the officers, directors, and key employees of such subcontractors, associated companies, or consultants.

32. Conflicts of Interest

The holding of public office or employment is a public trust. A public officer or employee whose conduct departs from his fiduciary duty is liable to the people of the

State. Rules of conduct for public officers and state employees:

A. Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty.

B. A public officer or a state employee shall not:

(1) Engage in a substantial financial transaction for his private business purposes with a person whom he inspects, regulates, or supervises in the course of his official duties;

(2) Assist any person for a fee or other compensation in obtaining any contract, claim, license, or other economic benefit from his agency;

(3) Assist any person for a contingent fee in obtaining any contract, claim, license, or other economic benefit from any state agency; or

(4) Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent.

C. A head of a principal department or a member of a quasi-judicial or rule-making agency must perform an official act notwithstanding paragraph

(4) of subsection (b) of this section if his participation is necessary to the administration of a statute and if he complies with the voluntary disclosure procedures under section 24-18-110.

Ref. Section 24-18-108, CRS, as amended.

33. Gifts/Gratuities

The contractor shall not, by itself or through any officer, director, employee, agent, partner, subcontractor or other representative, offer, give, grant, or otherwise deliver any gift, gratuity, employment, or anything of monetary or non-monetary value to any member of the Colorado Lottery Commission, any State employee, any employee of the

Colorado Lottery or to any member of his/her immediate family or anyone living in his/her household. Failure by the contractor to ensure compliance with this provision may result, in the State’s sole discretion, in immediate disqualification of the contractor’s proposal and/or termination of the resulting contract.

Pursuant to Section 24-35-215(3), “ . . . any person violating any of the provisions of section 24-35-209, commits a class 3 felony and shall be punished as provided in section

18-1.3-401, C.R.S.”

34. Litigation

The Apparent Successful Contractor shall submit a complete disclosure of any prior and/or pending civil or criminal litigation or investigation involving the company.

Submission of this information must comply with the financial/security submission time frame as listed in the Schedule of Activities. This is a continuing disclosure requirement;

and litigation or investigation commencing after submission of a proposal must be disclosed within five (5) days of when the Contractor is served with a summons, complaint, or other pleading, in a written statement to the State Lottery Director and the

State Lottery Security Director. Failure to notify the Lottery of litigation or an investigation may result in rejection of the contractor’s proposal or termination of the contract.

35. Bonding

A. Performance Bond – Primary Contractor

In order to ensure performance after the RFP process, the Apparent Successful

Primary Contractor shall obtain, at its own expense and without reimbursement, a performance bond in the amount of three million dollars ($3,000,000) that will continue as a requirement throughout the term of the contract, including extensions (see Bonds Section of the Contract). In addition to indemnifying the

State for the Successful Offeror’s performance, this bond may be used to satisfy any liquidated damages associated with performance under this contract.

B. Performance Bond – Secondary Contractor(s)

In order to ensure performance after the RFP process, the Apparent Successful

Secondary Contractor(s) shall obtain, at its own expense and without reimbursement, a performance bond in the amount of three hundred thousand dollars($300,000 that will continue as a requirement throughout the term of the contract, including extensions (see Bonds Section of the Contract). In addition to indemnifying the State for the Successful Offeror’s performance, this bond may be used to satisfy any liquidated damages associated with performance under this contract.

C. Fidelity Bond

The Apparent Successful Contractor(s), includes Primary and Secondary contractors, shall be asked to provide a fidelity bond in the amount of five million dollars ($5,000,000) that will continue as a requirement throughout the term of the contract, including extensions (see Bonds Section of the Contract).

Certificates evidencing these coverages must be delivered to the State within ten

(10) days after the Notice of Intent to Award has been published. Bond agreements shall include language requiring the Lottery to be notified by the issuing company of any modifications or cancellation of said bonds. The performance and fidelity bonds must be issued by a bonding company licensed to do business in Colorado.

36. Required Information for Investigations

The Colorado Revised Statutes require that the Colorado Lottery perform financial and security investigations of the Apparent Successful Offeror. The Apparent Successful

Offeror means the responsive, responsible Offeror whose proposal is selected for award, but for whom financial and security background investigations have not been completed.

Such investigations include officers, directors, 5 percent or greater owners (i.e. partners, associates, owners, and stockholders), employees and subcontractors and their principals and employees as deemed necessary by Colorado Lottery Security. The cost of all investigations will be the responsibility of the Apparent Successful Offeror. The investigation must be successfully complete before execution of the contract resulting from this RFP.

The Apparent Successful Offeror will be required to submit information for the performance of the financial and security investigations, which includes:

“Vendor Disclosure Form”

“Release of Information” form and “Release for Credit History” form for all individuals who will be associated with the contract resulting from this RFP.

“Release of Information” form “Release for Credit History” form, “Vendor

Personal Disclosure” form, a current personal financial statement and individual federal and state income tax returns from the past three (3) years for all officers and directors of the company.

Individuals associated with the Apparent Successful Offeror are required to submit additional detailed financial and security information, as determined by the Colorado Lottery Security Director.

(Forms will be provided to the Apparent Successful Offeror following award.)

The foregoing information is required pursuant to C.R.S. 24-35-204(3)(m) and C.R.S. 24-

35-205(7), and Colorado Lottery protocol. Other information may be necessary as the investigation progresses and will be requested and required of the Apparent Successful

Offeror at that time.