CBIIFB16BiometricIdentitySolutions FINAL.pdf

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COLORADO DEPARTMENT OF PUBLIC SAFETY

CDPS Procurement c/o Colorado Bureau of Investigation

710 Kipling Street, Suite 200 Lakewood, CO 80215

SIGNATURE PAGE

INVITATION FOR BID #: CBIIFB160261BiometricIdentitySolutions

TITLE: Biometric Identity Solutions DATE DUE: Monday, March 28, 2016 at 2:00pm MT.

LATE BIDS WILL NOT BE CONSIDERED

ISSUING OFFICE: This Invitation for Bid is issued for the State of Colorado by the Colorado Department of Public Safety, for the benefit of the Colorado Bureau of Investigation. The CDPS Procurement Office is the SOLE point of contact concerning this solicitation.

Procurement Agent: Jennifer Paddock Telephone Number: 303-239-5765 FAX Number: 303-239-5788 E-mail Address: jennifer.paddock@state.co.us

RETURN BIDS TO ADDRESS ABOVE. FAX OR EMAIL QUOTES WILL NOT BE ACCEPTED.

Prices shall be binding and valid for three (3) years after the closing date.

FEIN________________________________________________ DATE___________________________________ ^Enter your FEIN or SSN as registered on Colorado VSS.

NAME OF COMPANY___________________________________________________________________________

ADDRESS____________________________________________________________________________________

CITY____________________________________________ STATE_______________ ZIP CODE______________

PHONE _________________________________________ FAX _______________________________________

EMAIL ADDRESS _____________________________________________________________________________

My company is registered on Colorado VSS. Yes______ No______

Confirm #_____ of Amendments received. Confirm #_____ of Addenda received.

Confirm that you are aware that the award notice will be published on Colorado VSS. Yes _____

PRINT NAME OF COMPANY REPRESENTATIVE___________________________________________________

TITLE: ______________________________________________________________________________________

SIGNATURE OF COMPANY REPRESENTATIVE ___________________________________________________ Handwritten signature by an authorized officer or agent of the vendor.

RETURN THIS PAGE

mailto:jennifer.paddock@state.co.us

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1.0 General

Contact Information The Procurement Office for the Colorado Department of Public Safety (CDPS) is the sole point of contact concerning this Invitation for Bid. All communication must be done through the CDPS Procurement Office, Attention: Jennifer Paddock at jennifer.paddock@state.co.us or 303.239.5765.

Vendor Self Service System (VSS) and Registration This solicitation is published using the Colorado Vendor Self Service System (VSS). Vendors must be registered on VSS to be considered responsive at the time of submission of the response. Registration on VSS is required to be considered for award. If a vendor is not registered on VSS, solicitation responses from such vendor received will not be considered. VSS and its registration information may be linked through the State Purchasing Office link at https://www.colorado.gov/vss.

Contractual Obligations This solicitation including documents linked and attached, the vendor's offer and all documents, modifications, and agreement terms and conditions will form the contract between the parties. Any additional terms and conditions proposed by the vendor must be submitted with their offer in order to be considered.

Type of Contract Purchase Order: The successful bidder(s) will be issued an Open-ended Purchase Order with CDPS. The purchase order will incorporate this IFB, published addenda and the response of the successful bidder.

Schedule of Events Vendor Inquiries are due: 5:00pm MT, Monday, March 21, 2016 State’s Responses published (estimated): 5:00pm MT, Wednesday, March 23, 2016 Bid responses due: Monday, March 28, 2016, 2:00pm MT Award (estimated): Monday, May 16, 2016 Award period (estimated): July 1, 2016 – June 30, 2019

Term of Contract The anticipated award period for this Invitation for Bid (IFB) is three (3) years – through June 30, 2019, contingent upon funds being appropriated, budgeted and otherwise made available and all bid requirements being satisfied. No guarantees of additional quantities are made as a result of the solicitation and award. Pricing is to remain valid for the length of the award. CBI, at its sole discretion, has the option to extend the award for two additional one-year periods contingent upon funds being appropriated, budgeted and otherwise made available and all quote requirements being satisfied. The successful vendors will be notified of such extension prior to May 1, 2019. No guarantees of additional quantities are made as a result of the solicitation and subsequent award.

Binding Proposal By providing a response to this IFB, Offerors are bound to providing the proposed hardware, software and services at the costs and rates quoted in their IFB response for the 3-year period.

Statewide Contract Management System If the maximum amount payable to Contractor under this Contract and/or Purchase Order is $100,000 or greater, either on the Effective Date or at any time thereafter, this section applies.

Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24- 103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts/purchase orders and inclusion of contract performance information in a statewide contract management system.

Contractor’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract/Purchase Order, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance.

Evaluation and Review of Contractor’s performance shall be part of the normal contract administration process and Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor’s obligations under this Contract/Purchase Order shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor’s obligations.

Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract/Purchase Order https://www.colorado.gov/vss

CBIIFB160261BiometricIdentitySolutions Page 3 of 9 term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress.

Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Bureau of Investigation, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause.

Performance Outside the State of Colorado and/or the United States Following the Effective Date, Contractor shall provide written notice to the State, within 20 days of the earlier to occur of Contractor’s decision to perform, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this section shall be posted on the Colorado Department of Personnel & Administration’s website. Knowing failure by Contractor to provide notice to the State under this section shall constitute a material breach of this Contract.

Service Disabled Veteran Owned Small Businesses (SDVOSBs)

1. C.R.S. Section 24-103-211 sets a Service-Disabled Veteran Owned Small Business (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 Veteran Enterprise within the U.S. Department of Veterans Affairs. See www.vip.vetbiz.gov.

2. 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.

3. SDVOSBs must submit documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs in their response to the solicitation.

Independent Contractor Status

A. VENDOR ENGAGEMENT IN INDEPENDENT TRADE, OCCUPATION, PROFESSION OR BUSINESS; FREE

FROM, DIRECTION AND CONTROL BY THE STATE PURSUANT TO CRS §8-70-115

B. The parties intend to create an independent contractor relationship between the State and the Vendor and for the State to obtain a rebuttable presumption of an independent contractor relationship pursuant to §8-70-115 by meeting the nine points below (1 through 9). Vendor (the term “Vendor” includes Contractors and Grantees) shall perform all of its services and other obligations under the Purchase Order (PO) or Contract (the term “Contract” includes Agreements and Grants) to which this Exhibit is attached, free from the direction and control of the State. Vendor represents that it is customarily engaged in an independent trade, occupation, profession, or business related to the services performed. These are material representations made by Vendor to the State, upon which the State relied in issuing this PO or Contract, and without which, this PO or Contract would not have been issued. In accordance with the foregoing, the State does not and shall not:

1. Require Vendor to work exclusively for the State; Vendor is free to perform work for other entities, and represents that it does hold itself out to perform work for other entities on a regular, ongoing basis. Vendor may schedule and perform similar work for others any time it wishes, including on the same day it does so for the State;

2. Establish a quality standard for Vendor; except that the State can provide plans and specifications regarding the work but cannot oversee the actual work or instruct Vendor as to how the work will be performed;

a. Pay a salary or hourly rate but rather a fixed or contract rate that has been negotiated by the parties;

b. Terminate the work during the PO or Contract period unless Vendor violates the terms of the PO or fails to produce a result that meets the specifications of the PO or Contract;

http://www.vip.vetbiz.gov/

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c. Provide training, instruction, briefings, and orientations to Vendor regarding performance of the work, except as specifically stipulated within this PO or Contract’s scope of work. The State shall notify Vendor when Vendor may begin performing the work and its other obligations;

d. Supply Vendor with State-owned or leased real property, tools, benefits, equipment, supplies, or other property to perform the work, except as specifically stipulated within this PO or Contract’s scope of work.

Vendor shall perform and maintain its own real property, tools, or rent or lease tools, equipment, supplies, or other personal property, and/or other items needed for the performance of the work under this PO or Contract and its other obligations hereunder and when applicable;

e. Dictate the time of performance; except that a completion schedule and a range of mutually agreeable work hours may be established;

f. Pay Vendor personally but rather makes checks payable to the trade or business name of Vendor; and

g. Combine the State’s business operations in any way with Vendor’s business, but instead maintain the

State’s and Vendor’s operations as separate and distinct.

C. BENEFITS DISCLOSURE

Vendor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Vendor or any of its agents or employees. Unemployment insurance benefits shall be available to Vendor and its employees and agents only if such coverage is made available by Vendor or a third party. Vendor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Vendor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.

D. ENTIRE AGREEMENT

Upon award, these Provisions together with the resulting Purchase Order or Contract, constitute the entire agreement between the parties, and supersedes all prior proposals, agreements or other communications between the parties.

Submission

By submission of a bid, Offeror agrees as follows:

• Except as replaced, modified, or supplemented by the Colorado Bureau of Investigation for this solicitation, all items in the State of Colorado Solicitation Instructions/Terms and Conditions are considered part of, and are incorporated by reference into this document.

• Offeror testifies that bid prices were arrived at independently and there was no collusion involved.

• The Offeror guarantees to the State that they understand and agree to the terms and conditions of this solicitation and that they will not default from performance by virtue of a mistake or misunderstanding. Offerors shall seek clarification from the Colorado Bureau of Investigation of any specifications, terms and/or conditions that they determine to be unclear. The failure of a bidder to seek clarification may be deemed a waiver of any such clarification.

• Offerors shall accept the terms and requirements of this IFB without exception, deletion or qualification and without making its offer contingent.

• Pursuant to CRS 24-30-202.4 (as amended), the State controller may withhold debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller.

• The Colorado Bureau of Investigation reserves the right to reject any and all bids or parts thereof, and to waive informalities or irregularities.

• Reciprocity is mandated by statute. CRS 8-18-101 states, “When a contract for commodities or services is to be awarded to a bidder, a resident bidder shall be allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident.” The Colorado Bureau of Investigation will apply this statute to the extent necessary for all solicitations posted on Colorado VSS.

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Questions Written questions are to be submitted to Jennifer Paddock at the following e-mail address NO LATER THAN 5:00PM MT, MONDAY, MARCH 21, 2016: jennifer.paddock@state.co.us. All responses to vendor inquiries will be posted on Colorado

VSS.

Modifications All modifications shall be in writing and posted to VSS. Vendors are responsible for checking VSS prior to the opening date and time for solicitation modifications.

Response Format Bidders must comply with and submit the following item(s) in order. All items shall be clearly labeled.

a. Completed and Signed cover sheet.

b. Responses as required in Section 1 “Bid Submission” and in Section 3 “Submission Guidelines”.

c. Exhibit A – Vendor Strength and Stability Form

Bid Submission In an envelope marked CBIIFB160261BiometricIdentitySolutions for CBI, include one (1) original and five (5) copies as well as one electronic copy on CD or USB (flash drive) drive (for a total of six (6) paper copies and one electronic copy)of the signed Invitation for Bid form and all further documents attached.

Include a cover letter followed by a point-by-point discussion of how the vendor meets the State’s qualification requirements as outlined below, including written acceptance of each requirement.

Retain all responses in the same numeric format and sequence as listed.

Responses to this Invitation for Bid shall be sent/delivered to:

Jennifer Paddock, Procurement Agent Colorado Department of Public Safety Colorado Bureau of Investigation 710 Kipling Street, Suite 200 Lakewood, CO 80215

FAXED OR EMAILED BIDS WILL NOT BE ACCEPTED. LATE BIDS WILL BE DISQUALIFIED. It is the responsibility of the Offeror to ensure that the CBI Procurement Agent receives the Bid Response on or before the due date and time.

Offerors mailing their Invitation for Bid Response shall allow sufficient mail delivery time to ensure receipt of their response by the time specified.

Public Openings of Proposals On the date and time shown on the “State of Colorado, Invitation for Bid Cover Page and Signature Page”, the CBI Procurement Office will conduct, at the delivery location identified on the Cover Page above, a Public Opening of Bids. The Public Opening will only disclose the names of all Offerors who have submitted a proposal in response to the IFB. Detailed information on costs and qualifications will be available from the CBI Procurement Office following issuance of a “Notice of Intent to Make an Award” letter.

Award & Evaluation Criteria All information requested (and submitted) will be considered in determining the final award of this invitation for bid. The Offeror(s) who submits the lowest responsive bid, whose bid meets the requirements and criteria set forth in the IFB and is most advantageous to the State of Colorado, CDPS, and Colorado Bureau of Investigation (CBI) – all factors considered -will receive the award. Evaluation factors include (but are not limited to and in no particular order) price, past vendor performance, experience, equipment quality, customer service, support and repair, and delivery.

Preference will be given to Colorado companies who meet award and evaluation criteria.

The CBI anticipates entering into formal agreements with each vendor whose response meets the requirements outlined in this IFB. However, there is no obligation or guarantee that the CBI, CDPS, Executive Branch State agencies, Legislative

CBIIFB160261BiometricIdentitySolutions Page 6 of 9 and Judicial branches, Institutions of Higher Education, Local Governments or other Law Enforcement Agencies will purchase products or services from the vendor(s) during the effective period of the agreement.

Audits CBI reserves the right to adequately ensure proper integrity of all aspects and representations of the Bureau, including the perceived affiliations with its vendors. Therefore, CBI reserves the right to perform audits and inspections of the awarded Offeror (and subcontractors) conformance to any or all contractual requirements at any time during the performance of the contract. CBI also reserves the right to interview the awarded Offeror and subcontractor staff members, if necessary and with sufficient notice, regarding such conformance. Due notice will be provided in writing to the Offeror prior to conducting audits or inspections. Subcontract requirements will permit participation in audits and inspections by CBI and CBI support contractors.

2.0 Specifications

General Information The Colorado Bureau of Investigation (CBI) seeks to enter into a biometric identity solution Live-Scan Device agreement with one or more vendors at the CBI’s discretion. The agreements will establish prices to be fixed over a three year period.

The CBI anticipates that the CBI, Local Governments and other Law Enforcement Agencies will buy from these agreements over the next three years.

The CBI, an operating division of the Colorado Department of Public Safety (CDPS), has acquired the Morpho Biometric Identification System (MBIS) to provide an online database of latent fingerprints, palm prints, mug shots, scars, tattoos, and demographic data. The MBIS records are searchable by authorized agencies statewide for positive identification, criminal investigations, and background checks. This enhanced automated MBIS dramatically increases both the public safety and crime-solving capabilities of law enforcement agencies throughout Colorado.

While improved MBIS capabilities are a top priority, CBI also seeks to provide state, local and other law enforcement agencies with the opportunity to purchase Live-Scan device solutions and services at affordable and consistent prices.

General Requirements

• All bid responses shall be quoted FOB destination.

• All equipment shall be new.

• Prices shall be binding and valid for the length of the award.

• Only bids for FBI and CBI certified* Live Scan devices will be eligible for this award.

• Only Vendors that are part of the CBI Vendor Certification Program by June 1, 2016 will be eligible for this award.

• Any person working on the systems in Colorado must undergo a CBI criminal history check supported by fingerprints at a cost of $39.50 per person to be paid by the vendor

*Note: Vendors who have not obtained CBI device certification by April 30, 2016 will be automatically disqualified.

Biometric Identity Solutions Requirements Each unit shall have (but is not limited to):

• Live-Scan Hardware and Peripherals – includes Live-Scan and mobile identification equipment capable of interacting with CBI’s AFIS system. Relevant peripherals may include scanners, cameras, printers, specialized lighting, etc. to be proposed at the discretions of the respondent.

• Software – all necessary software to ensure fully functional, communicative, CBI LiveScan Interface Control Document (ICD) version 4.0 and national standard-compliant devices.

• Services – all required expert services to ensure the successful implementation, training, and ongoing management and support of the acquired identity solutions.

Vendors are not limited to the proposal of a single device solution, and multiple options/configurations are acceptable.

Additionally, vendors are encouraged to propose other biometric identity LiveScan solutions, supporting components, and services that may be of interest to CBI and other law enforcement agencies in Colorado.

The nature of available options for equipment under this solicitation is such that a single price cannot be affixed to the response of this solicitation. Therefore, vendors shall follow the submission guidelines for responses to this solicitation.

3.0 Submission Guidelines

• Firms interested in responding to this Invitation for Bid must submit a sealed envelope marked “CBIIFB160261BiometricIdentitySolutions”.

• Include the Bidder’s name, Bid # CBIIFB160261BoiometricIdentitySolutions and bid opening date and time.

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• Include one (1) original and five (5) copies (six total) of the signed Invitation for Bid form and all further documents as attachments.

Offerors should follow the format below:

• Table of Contents

• Company Overview o A brief summary of the company background, origin and markets served.

• Product and Service Overview o A brief description of all Live-Scan device products and services being proposed; describe key features and distinguishing characteristics of proposed products and services; provide evidence of the product’s inclusion to the FBI’s Next Generation Identification (NGI) Certified Product List and must also be certified by the State of Colorado; verification that the products meet, at a minimum the technical standards set by the American National Standards Institute/National Institute of Standards and Technology (ANSI/NIST) ANSI/NIST-ITL 1-2011 Data Format for the Interchange of Biometric and Forensic Information, Electronic Biometric Transmission Specification IAFIS-DOC-01078-9.1, and FBI Criminal Justice Information System (CJIS) CJISD-ITS-DOC-08140-5.0, CJIS Security Policy version 5.0.

• Prior Experience o Define experience with projects where the provided hardware, software and services were to constituent Colorado agencies.

o Briefly describe prior provisions of Live-Scan device deployments for state, local and regional level law enforcement and civil governments with emphasis given to any Colorado agency and familiarity with Colorado Electronic Biometric Transmissions Specification (EBTS).

o Briefly describe the ability to interface with domain-related systems, including AFIS host/matchers, booking systems, etc. and include a list of the application name and provider of the AFIS system, Jail Management System (JMS) and other relevant systems with which the Live-Scan solution has successfully interfaced in prior projects.

• Vendor References o At least three references for the qualifying experience of Live-Scan solution implementations. Be advised the CBI or any other Colorado Law Enforcement Agency may call the vendor references to confirm information.

Include Client Agency name, address, contact person name, title, phone number, email address and fax number, Application Name, Years Contracted, Device Deployed, Services Rendered, Contract Total Value and Number of Users.

• Vendor Strength and Stability o Company overview, personnel counts in implementation and support roles, vendor support and five-year litigation history.

See Appendix A

• Maintenance and Support Plan o Comprehensive maintenance and operational support plan that includes preventative maintenance, remedial maintenance, help desk support, location of available on-site support staff and response guarantees for all support plans.

• Price List o For all products and services offered as part of this solicitation, organized in a way that each major system or device is addressed separately, with major system hardware, software and services identified.

Include component costs and detailed service costs (installation, training and maintenance).

• Delivery Timeframe

• Copy of CBI Vendor Device and Software Certification Letter

• Failure to respond in this manner may result in disqualification

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• Prospective Bidders may submit written questions via e-mail, to Jennifer Paddock at jennifer.paddock@state.co.us until 5:00pm MT Monday, March 21, 2016. Answers to questions will be posted on the State of Colorado VSS System in the form of a Bid Modification and Q&A attachment.

• The deadline for responding to this Bid is Monday, March 28, 2016 at 2:00pm MT. Late responses will not be considered.

• Hand delivered or mail delivered sealed responses are required. No fax or emails.

• All firms responding to this IFB will be notified in writing of their status.

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Appendix A

VENDOR STRENGTH AND STABILITY MATRIX

OVERVIEW

1 Vendor Name 2 Address 3 Telephone Number 4 Contact Person 5 Email Address 6 Parent Company or Corporate Headquarters 7 Address 8 Telephone Number 9 Local branch offices/support centers that serve Colorado locations: include office/center location, number of employees and services provided.

10 Years in business and any former business names 11 Years in biometric business 12 Type of company (public/private) 13 Amount/percent of sales reinvested into research and development 14 State and type of incorporation

PERSONNEL

15 Total number of full-time equivalents (FTE) in the company

• Customer user support

• Customer technical support

• Research and development

• Project management

• Project implementation and rollout

16 Total person years of experience for employees (e.g. 5 people with 3 years each = 15 person years)

• Customer user support

• Customer technical support

• Research and development

• Project management

• Project implementation and rollout

VENDOR CUSTOMER SUPPORT

17 Are user groups in place for the proposed hardware/software?

18 Does the company provide toll-free telephone support?

19 What are the hours of support and for what time zone?

20 How is after-hour support provided?

21 How are support calls classified and prioritized?

22 How are support calls escalated in an emergency?

23 What is the average response time to calls?

24 What is the average service call resolution time?

25 Will Colorado users have direct access to dedicated support personnel to solve a particular issue?

26 Does the company offer online access to general information and troubleshooting tools?

27 Will ongoing support for subsequent years be available through a maintenance agreement on a set-cost basis? What is included in this service?

LITIGATION HISTORY

28 Number of current litigations that the company has been party to in the past five years. Please attach a separate document with the details of each situation: client name, date, and description/cause.

29 Number of situations in which the company has been subject to liquidated damages in the past five years.

Please attach a separate document with the details of each situation: client name, imposed amount, imposed date, collected amount, date collected, and description/cause.