CCi Private Industries Program -RFP 2024000310 Mod 2.pdf

STATE OF COLORADO

REQUEST FOR PROPOSALS (RFP), COVER SHEET & SIGNATURE PAGE

Date: April 23, 2024 MOD 2

Title: CCi Private Industries Program - BVCC RFP #2024000310

Procurement Sole Point of Contact: Sheila Lucero sheila.lucero@state.co.us The individual listed above is the sole point of contact for this solicitation.

Contact with any other State personnel regarding this procurement, unless specifically authorized by the above-named Purchasing Sole Point of Contact, may result in disqualification.

Offerors are urged to read the solicitation document and attachments thoroughly before submitting a proposal. Offerors are required to submit Federal Employer Identification Number (FEIN) (W-9) prior to award from the State of Colorado.

Submit Online Proposals to: bidnetdirect.com//cdoc. See instructions located in section 4 – Proposal Instructions, General Info for RFP Response.

IMPORTANT: The PDF Document must be titled with the RFP Number, RFP Title, and the Offerors name, and RFP Due Date: June 14, 2024 4:00 PM (Mountain Time)

Instructions: Offerors are asked to fill out this page in its entirety, sign and return with their Proposal. The State of Colorado Request for Proposal Cover Sheet & Signature Page must be signed by the Offeror or an officer of the Offeror legally authorized to bind the Offeror to the proposal. Signatures may be electronic signatures for this RFP.

Offeror(s) Legal Company Name:

Doing Business As:

Address:

City: State: Zip Phone #: Fax Number:

Offeror(s) FEIN: Vendor Number as Registered on VSS:

Contact Name for Clarification:

Title:

Phone Number:

E-mail Address:

Authorized Signature:

By signing this Request for Proposal Cover Sheet & Signature Page, the authorized agent acknowledges acceptance of all Purchase Order terms and conditions, personal services contract template, and all other attachments of this solicitation. Negotiations or changes will not be allowed after award. By signing this Cover Sheet & Signature Page, the authorized agent certifies that a conflict of interest does not exist.

mailto:sheila.lucero@state.co.us

TABLE OF CONTENTS

1. DEFINITIONS AND TERMS

2. INTRODUCTION

A. General Information

B. Schedule of Activities

C. Colorado Vendor Self Service (VSS) and bidnetdirect.com//cdoc

D. Mandatory Pre-Proposal Meeting

E. Public Proposal Opening - Virtual

F. Anticipated Contract Term

3. SCOPE OF WORK/RESPONSIBILITIES

A. Background

B. CCI Private Industries Program Supplemental Information

C. Offeror’s Responsibilities

D. CDOC/CCI Responsibilities

4. PROPOSAL INSTRUCTIONS, GENERAL INFORMATION FOR THE RFP RESPONSE

A. General Information for the RFP Response

B. Timeliness of Proposal Submission

C. Offerors Binding Offer and Acceptance

D. Confidentiality and Proprietary Information

E. Modifications and/or Supplemental Information to the RFP

F. Inquiries

G. RFP Response Material Ownership

H. Modifications or Withdrawal of Responses

I. Mistakes and Minor Informalities in Offeror Responses

J. RFP Cancellation

K. Order of Precedence

L. Draft Model Contract

M. Selection of Successful Proposals and Intent to Award

N. Documents after Award

O. RFP Cancellation/Rejection of Proposal(s)

P. Protested Solicitations and Awards

5. RESPONSE FORMAT

A. Administrative Documents

B. Executive Summary

C. Accessibility Requirements

D. Technical Proposal

E. Cost Proposal

F. Certification of Independent Price Determination

6. EVALUATION AND AWARD SELECTION PROCESS

A. Evaluation Process

B. Evaluation Committee

C. Proposal Evaluation Criteria

D. Evaluation Factors

E. Offeror Presentation/Demonstration/Interviews

F. Past Performance

G. Award

EXHIBITS (Please read thoroughly prior to proposal submission) A. Administrative Information

B. Draft Model Contract (do not fill out, this is only a draft)

C. HIPAA Business Assoc Addendum

D. Insurance Info for Vendors

E. PREA

F. Draft Lease Agreement (do not fill out, this is only a draft)

ATTACHMENTS (Offeror to complete and submit with proposal)

1. W-9 Request for Tax Payer Identification Number

2. Vendor Disclosure Statement Form

3. Consent to Search form

4. Vendor RFP Checklist

5. AR 200-02 Inmate Banking

6. AR 300-23 Internal/External Offender Work Crews

7. AR 450-07 Offender Wage Deduction Agreement

8. AR 900-01 Volunteer Programs

9. AR 1150-14 Background Investigations

10. AR 1500-01 Department Training System

11. AR 1500-03 Facility/Office Orientation Program

12. AR 300-09 Tool Control

13. AR 1550-01 Safety Program

14. AR 300-55 Offender Movement Schedule

15. AR 300-27 Access and Control

16. AR 150-01 Code of Penal Discipline (COPD)

1. DEFINITIONS AND TERMS

A. AR means Administrative Regulation B. Awarded Contractor/Vendor/Offeror means the Offeror whose proposal the CDOC determines to be most advantageous and is approved and accepted by CDOC which enables CDOC to undertake a Contract with the Contractor for the purchase of the services or goods or both.

C. BVCC means Buena Vista Correctional Complex D. CCI means Colorado Correctional Industries E. CDOC means Colorado Department of Corrections or State.

F. Contract means any type of state agreement, regardless of what it may be called (purchase order, agreement, contract, etc.), between a governmental body and a contractor, where the principal purpose is to acquire supplies, services, or construction or to dispose of supplies for the direct benefit of a governmental body. “Contract” includes commitment vouchers as described in section 24-30-202 C.R.S.

G. Contractor means any organization or individual that seeks to provide or is already providing goods or services. Often synonymous with selected, successful, or awarded Offeror, Bidder, or Vendor.

H. C.R.S. means Colorado Revised Statutes as amended.

I. Offeror means any organization or individual submitting a proposal in response to a Request for

Proposal (RFP) solicitation. More generally to mean any organization or individual submitting an offer, bid or proposal in response to any type of procurement solicitation. Same as Bidder or Vendor.

J. Offender means a member of the CDOC inmate population (including YOS). Selected Offenders will be employees of awarded Offeror.

K. Proposal means an offer in response to a Request for Proposal (RFP) solicitation.

L. RFP means Request for Proposal, a procurement solicitation that seeks offers from organizations or individuals to perform the scope of work or provide goods as defined in the RFP. An RFP is issued with the intent of selecting the most advantageous proposal, making an award to that Offeror(s) and entering into a Contract. Award selection is based on multiple factors; price being one, but sometimes price may not be the critical factor.

M. SDVOSB means Service Disabled Veteran Owned Small Business Participation N. Solicitation means a document issued by a prospective buyer that requests competitive offers from organizations or individuals to sell the goods or services or both that are specified in the document.

A solicitation typically results in an award of a Contract or purchase order for the goods or services based on an award methodology defined in the solicitation. Types of solicitations issued by the State of Colorado agencies include: Requests for Proposals (RFP), Invitation for Bid (IFB), Documented Quote (DQ).

O. SOW means Statement of Work P. Subcontractor means a vendor selected by the Contractor that enters into a contractual relationship with the primary Contractor to carry out the project as a result of the solicitation.

Q. VSS means the State of Colorado’s Vendor Self-Service System website located at www.colorado.gov/vss. All solicitations published by State agencies and institutions are published on VSS, unless specific entities have been granted to opt out of the program. Vendors have access to this website.

2. INTRODUCTION

A. General Information http://www.colorado.gov/vss

All information contained within this RFP, and any amendments and modifications thereto, reflect the best and most accurate information available to the State at the time of this RFP. 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 intentional misrepresentation by the State.

B. Schedule of Activities The schedule of activities is for information and planning purposes only. Schedules for activities listed as “estimated” may be subject to change depending on the needs of the State. All times are considered in Mountain Time (MT), as adjustment for daylight savings.

Activity Date Time

(MST)

1 RFP Published via Colorado VSS https://www.colorado.gov/vss and bidnetdirect.com//cdoc 04/23/2024 4:00pm

2 Mandatory Site Visit 6/04/2024 10:00am 3 Written Inquiries Deadline

NOTE: No inquiries will be accepted after this date.

Send Inquiries to: bidnetdirect.com//cdoc 05/09/2024 2:00pm

4 Response to written inquiries; will be posted to Colorado VSS (estimated) 05/16/2024 4:00pm

5 Proposal Submission Deadline Proposals must be submitted in the method described in Section 4 06/14/2024 4:00pm

6 Public opening of proposals (Must request link in advance) 06/17/2024 10:00am 7 Notice of Intent to Award Published on Colorado VSS (estimated) 06/28/2024 4:00pm 8 Contract Execution (Estimated) 08/01/2024

*As the evaluation process is dependent upon the number of proposals received, their length and committee member’s schedules, all dates post proposal submission are strictly estimated.

C. Colorado Vendor Self Service (VSS) and bidnetdirect.com//cdoc

i. This solicitation is published using the Colorado Vendor Self-Service – Colorado VSS and bidnetdirect.com//cdoc.

ii. Offerors are not required to be registered on Colorado VSS in order to download solicitation documents and information. Colorado VSS information can be found through the Colorado State Purchasing & Contracts Office link at www.colorado.gov/vss. The VSS Help Desk can be reached at 303-866-6464 for further assistance.

iii. The CDOC is posting this RFP on the Colorado Vendor Self Service page (Colorado VSS) and bidnetdirect.com//cdoc so that firms that have an interest may submit a proposal (§4) to bidnetdirect.com//cdoc in accordance with the terms of the RFP.

iv. In the event that it becomes necessary to revise any part of this RFP, a modification will be published on Colorado VSS at www.colorado.gov/vss and bidnetdirect.com//cdoc. It is incumbent upon Offerors to carefully and regularly monitor Colorado VSS and bidnetdirect.com//cdoc.

v. Note: Proposals may only be submitted electronically via bidnetdirect.com//cdoc. No other electronic submission methods or hard copy submittals will be accepted.

D. Mandatory Pre-Proposal Meeting There will not be any pre-proposal meeting in association with this RFP. Offerors may submit written inquiries (see Section 4.F).

E. Public Proposal Opening - Virtual

The public Proposal opening will be held remotely. Offerors may, but do not need to be present for the opening. So that the CDOC can plan for attendance, if a Offeror wishes to attend the public proposal opening, please send an email to sheila.lucero@state.co.us to RSVP at least two days prior to the date of the public proposal opening, and include the email for the person who will attend the remote opening. The Vendor’s name on the proposal received will be the only information announced at the proposal opening.

F. Anticipated Contract Term

i. Offeror will be required to sign a lease contract and personal services contract.

ii. The initial term of the awarded Contract is anticipated to be five (5) years. This Contract will be reviewed every year by CDOC management to determine if the partnership is still viable. If CDOC determines that the contract is not viable CDOC will terminate the contract, by giving the Offeror ninety (90) days written notice.

iii. The term of the Lease is anticipated to be five (5) years, unless during the annual review the Personal Services Contract is terminated. If the Personal Services Contract is terminated then the Lease will also be terminated and the Offeror will be given the same written notice.

iv. The CDOC may, within its sole discretion, choose to not exercise any option or extension term in the Contract for any reason. If the CDOC chooses to not exercise for any extension term, it may re-procure the performance of the work in its sole discretion.

v. The CDOC may extend the Contract beyond the anticipated term in this subsection, in accordance with the Colorado Procurement Code and its implementing rules, in the event that the CDOC determines the extension necessary.

vi. The CDOC is not responsible for any goods delivered or services performed by the awarded Offeror without a State issued Contract.

3. SCOPE OF WORK/RESPONSIBILITIES

This Scope of Work describes the deliverables sought through this RFP and the scope of what the awarded Offeror will be expected to offer through the Contract resulting from this RFP. The Scope of Work is intended to provide interested Offerors with sufficient basic information to submit a proposal. It is not intended to limit a proposal’s content or exclude any relevant or essential data.

A. Background

i. This RFP seeks to expand work opportunities through CCi’s Private Industries Program by collaborating with Employers who are interested in providing employment within the walls of the State’s Correctional facilities. The initial pilot program will be at BVCC in a new building constructed for this purpose. This new building is 60’x100’ with 21’8” sloped to 17’8” high ceilings. Please note the building is a shell; electrical, plumbing, and other utilities will need to be placed by the contracting business. The building consists of concrete floors (6 inches reinforced), shell walls, garage doors (2 - 12’ x12’), and entrance/exit doors (standard dimensions). The contractor/private employer will be responsible for finishing out electrical, plumbing, and any other utilities needed for their operation.

ii. This RFP will result in a contract with CCI for the purpose of offering employment opportunities at BVCC. CDOC will select the prospective employer(s) they believe will best serve the needs and interests of the CDOC. All improvements to the building will be CCI’s property. CDOC will conduct a mandatory annual review to ensure all information is updated and the partnership is viable. All alterations to the building will have to be accepted by CDOC’s Facility Management Services department and follow the state building code, prior to alterations being made.

iii. CCI Private Industries Program will operate under the Prison Industry Enhancement Certification Program (PIECP). CDOC will collaborate with Awarded Offeror so that all necessary PIECP requirements are met and exempt Employer from federal restrictions on prisoner-made goods in interstate commerce. See: Bureau of Justice Assistance (BJA) –https:// bja.ojp.gov/program/prison-industry-enhancement-certification-program-piecp

iv. Mandatory Site Visit: June 04, 2024 at 10:00 AM, vendors interested is submitting proposals on this solicitation must attend a site visit to view the location. Only vendors that attend this site visit will be considered for award.

a. Site Visit location: Buena Vista Correctional Complex, 15125 Hwy 24 & 285, Buena Vista, CO 81211. Offerors will be escorted to the building.

b. Please contact Jason Lengerich at Jason.lengerich@state.co.us or Jason Kravig at Jason.kravig@state.co.us by email before 12:00pm, on Monday June 03, 2024 to be added to the Facility Entry and return Attachment 3 Consent to Search form. This form must be completed and returned with a copy of a valid form of Identification for a background screening prior to facility entry.

B. CCI Private Industries Program Supplemental Information Inmate pay will be processed through inmate bank. The Offeror will provide one lump sum payment each pay period to the business office for all Inmates who are employed with the Offeror. The Offeror will provide a list of Inmates net pay to the business office in order for the business office to process each Inmate's pay.

i. The CDOC and Vendor will follow the following AR’s:

a. AR 200-02 Inmate Banking (Attachment E)

b. AR 300-23 Internal/External Offender Work Crews (Attachment F)

c. AR 450-07 Offender Wage Deduction Agreement (Attachment G)

d. AR 900-01 Volunteer Programs (Attachment H)

e. AR 1150-14 Background Investigations (Attachment I)

f. AR 1500-01 Department Training System (Attachment J)

g. AR 1500-03 Facility/Office Orientation Program (Attachment K)

h. AR 300-09 Tool Control (Attachment L)

i. AR 1550-01 Safety Program (Attachment M)

j. AR 300-55 Offender Movement Schedule (Attachment N)

k. AR 300-27 Access and Control (Attachment O)

l. AR 150-01 Code of Penal Discipline (COPD) (Attachment P)

m. AR 300-08 Key Control (restricted, not attached)

C. Offeror’s Responsibilities

i. The Offeror controls the hiring, firing, training, supervision, and payment of the Inmates. CDOC will screen and propose Inmates candidates to the Offeror based on program eligibility. CDOC reserves the right to rescind an Inmate’s eligibility at any time without notice.

ii. Offeror will provide Inmates with benefits comparable to those made available by Federal or State Government to private sector employees.

a. Social Security

b. Workers' Compensation

iii. The Offeror will be required to enter into a formal lease agreement with the State of Colorado, Office of the State Architect, Real Estate Programs, as per Exhibit F, Standard Lease Agreement.

https://bja.ojp.gov/program/prison-industry-enhancement-certification-program-piecp mailto:Jason.lengerich@state.co.us mailto:Jason.kravig@state.co.us

iv. CCI will enter into a contract with the Offeror. The contract will cover building size, utilities, custody control, department responsibilities, conditions related to the employment of inmates, and compliance with PIE regulations.

a. Price per square foot will be determined by CCI based on fair market value of the area.

b. Offeror will be responsible for internal building improvements and maintenance of any exterior yards needed for manufacturing. Exterior yards may be located outside the facility based on the employer's needs but remain on state grounds to conserve space and improve security practices.

c. Offeror will be responsible for installing and maintaining manufacturing equipment and tools necessary for the successful operation of the Employer’s program.

d. Offeror will be responsible for all building utilities associated with the Private Industries Program building they are occupying.

e. Offeror will be required to use companies that pass CDOC backgrounds check to upgrade/retrofit facility.

v. Offeror must pay inmates a prevailing wage (Wage rate which is not less than that for work of a similar nature in the locality in which the work is to be performed).

a. Overtime at one and a half times the rate of regular or prevailing wage, must be paid for inmate hours worked in excess of 40 hours per week.

vi. Offeror must develop, for CDOC approval, documented training and orientation programs.

vii. Inmate to Offeror ratio for Private Industries Program workers will be determined by the appointing authority. Offerors will follow the CDOC AR 300-23 Internal Work Crews inmate to staff ratio - 20 to 1 (Attachment F).

viii. Offeror operation must not result in displacement of employed workers; be applied in skills, crafts, or trades in which there is a surplus of available labor in the locality: or significantly impair existing contracts.

ix. Organized labor and local private industry must be consulted prior to business startup (conducted with CDOC).

x. The Offeror’s business production processes must comply with National Environmental Policy Act (NEPA) requirements.

xi. The rules of ASHA apply unless you are exempt. Most for-profit Offerors and their workforces nationwide are not OSHA exempt. The four main categories of OSHA environments, according to the US Department of Labor, are agriculture, construction, maritime, and general industry.

Offerors whose primary business falls within the required OSHA standards will be required to both obtain and maintain these standards for the duration of the Contract. The types of companies that are exempt from having to follow the parameters of OSHA are:

a. Companies providing domestic services,

b. Farms that only employ immediate family members,

c. Businesses covered under other federal regulations, such as mining and nuclear power companies,

d. Companies that are not conducting interstate commerce,

e. State or federal agencies,

f. Churches, and

g. Self-employed people.

xii. Offeror’s will adhere to AR 300-09 Tool Control (Attachment L) and AR 300-08 Key Control (Attachment P). Offeror will work with the facility Tool Control officer to establish tools utilized, location, shadowing, replacement, and accountability. The Tool Control officer will be required to keep an inventory of all tools used for each Offeror. The Tool Control officer will be the point of contact for any tool issues such as lost, broken, replaced, new tools needed, or tools no longer used so that they can be removed from inventories. The Tool Control officer will be required to conduct a quarterly physical inventory of each business’s tools.

xiii. Offeror will work with the Life Safety officer to review any chemicals needed and used within the business. If chemicals used or needed are not currently listed within the facilities MSDS database, the Life Safety officer will update the database with the new chemicals needed. Offeror will also be required to make available an MSDS log so that it is easily accessible for all employees and corrections staff.

xiv. All inmates will be required to read, and understand and sign AR 1550-01 Department Training System (Attachment M). Inmate safety, personal protective equipment, and hazardous materials verification before being allowed to work within direct staff supervision. Physical Access & Security Plan is a Restricted Document and can be reviewed in the presence of CDOC.

xv. There may be times when an incident prevents BVCC from allowing inmates to report to work.

Typically, in the event of a lockdown or pre-planned event the facility sends out an operations plan and can look at the feasibility of sharing this with Offerors. However, this is an unpredictable environment, there may be times when notification may be short notice that requires immediate work stoppage.

xvi. As per AR 300-55 (Attachment N) Offerors will provide a work schedule to the BVCC Security Services Captain monthly. The schedules will be posted in the unit’s control room, master control, and the North trap. Inmates reporting for their respective work schedules, will check in with the unit’s control room staff. The unit control room staff will verify that the inmates checking in are on the schedule before allowing them to leave the unit. Once verified, these Inmates will be processed in an out of the North Yard through the North Trap. The assigned North Yard security staff will also verify that the inmates reporting for work are on the schedule prior to processing them. North Yard security staff will be required to conduct frequent unannounced rounds throughout the day. Inmates will be fed lunch at work with either facility supplied meals or meals purchased through CCi True Beginnings Café. North Yard security, along with BVMC Property/Sally port staff, will work together to conduct out-counts of all inmates working in their respective job.

xvii. Facility Access for Offeror employees, deliveries, and custody control per AR 300-27 (Attachment O) will be completed by BVCC. All Offeror’s employees will be required to fill out an AR Form 300-27C, Consent to Search Authorization and Registration, and complete a background check. Once background checks have been cleared, Offerors will be required to complete the CDOC training. Offerors employees will be issued a Part-Time Contract/Temp, ID card as is outlined within AR 300-27. Offeror employees will be required to sign into and out of the facility utilizing AR Form 300-27A, Facility Access Log located at main entry so that the facility has accurate accountability in the case of an emergency. Offeror employees requiring the use of cell phones for their business needs will be required to utilize screen locks, and maintain possession of their phones at all times. Main entry staff will account for all cell phones entering and exiting the facility. All SD cards being brought in for business needs must be encrypted. The CDOC will work with OIT to establish networking needs within the leased building.

xviii. Offerors will notify the facility Custody Control Manager or designee, at least 24 hrs. in advance of shipments leaving and entering the facility. Offerors will provide Custody Control Manager, or designee with a manifest and driver information so that proper vehicle checks and access/exit can be conducted. The information will then be provided to the Sally port staff. All shipments leaving the facility must remain in a designated area within the Sally port for the clearance of the next scheduled facility count. Once that count has cleared, and the vehicle has been checked, it will be authorized to leave the facility. Any vehicle leaving the facility after a delivery to the Offeror will be authorized to leave the facility after being checked, as long as the vehicle has not acquired anything outgoing from the Offeror.

xix. The Offerors must provide documentation of financial responsibility, financial stability, and sufficient financial resources to provide the services sought in this RFP. Offerors are required to submit an audited financial statement for its most recently closed fiscal year and for the immediately preceding two (2) fiscal years. If audited financial statements are not available, the Offeror may submit financial statements reviewed by a Certified Public Accountant (CPA).

Lacking either audited or reviewed financial; the Offeror may submit annual balance sheets and income statements (including footnotes) prepared by a Certified Public Accountant (CPA). Such financial documents are provided by Offeror to CDOC at no cost to CDOC. The financial statements shall be a separate attachment to the Offerors proposal.

D. CDOC/CCI Responsibilities

i. The CDOC assures no major role in industry operations, does not direct production, and exercises minimum control over offender labor performance. These functions are performed by the Offeror.

ii. CDOC security staff will make unannounced regular rounds through work areas but will not provide security supervision or monitoring.

iii. The CDOC will provide space and security coverage for programs to be administered by the

Offeror at BVCC between the hours of 8:00 AM and 5:00 PM, Monday through Friday for delivery and deployment of products. CDOC will provide submit proposed hours of operation to the appointing authority for approval. Any special operation hours/days outside the initial approved hours/days of operation must be submitted to the CDOC five days prior to approval.

iv. CDOC will maintain a pool of qualified inmates to be identified as potential candidates for the Private Industries Program. Based upon offerors' needs, part-time employees may be identified to work “as needed” to fill in employee shortages.

v. CDOC will provide required training and orientation to Offeror employees through Colorado Training Academy (CTA), at the expense of the Offeror. Please refer to Attachments outlining specific verbiage related to training, orientation and DOC backgrounds. Policies AR 1500- 01(Attachment J), 1500-3 (Attachment K), 900-1 (Attachment H) and 1150-14 (Attachment I).

a. All volunteers and contractors who have contact with offenders will receive basic volunteer training as well as a facility specific orientation regarding their responsibilities under the CDOC's sexual abuse and sexual harassment prevention, detection, and response policies and procedures. The level and type of training provided to volunteers and contractors will be based on the services they provide and level of contact they have with offenders, but all volunteers and contractors who have contact with offenders will be notified of the agency’s zero-tolerance policy regarding sexual abuse and sexual harassment and informed how to report such incidents. Facility specific orientation will be required prior to providing any services at BVCC and should be completed within 90 days of the successful completion of Basic Volunteer Training. Any deviations from this process will be approved by the CDOC.

Volunteers and Contractors must complete a facility specific orientation at each facility where they provide services. Due to the status of the Vendor being an outside entity qualifies them to be considered Contractor status.

b. Facility Specific Orientation Packets will be distributed to each employee on the day they report for orientation and will include at a minimum:

o Cover Page o CDOC Mission, Vision and Value Statement to include facility specific mission and vision statements.

o A welcome letter from the appointing authority which states the philosophy, purpose, and goals of the facility.

o Facility phone roster.

o Facility radio call signs.

o Facility Offender movement schedule.

o Wardens Declaration of Contraband o Physical plant and offender population information.

o Facility specific information/documents.

o Emergency contact information form.

o Orientation checklist form.

o Orientation certification form.

c. All applicants, intra-agency transfers, reinstatements, interns, contract workers, or chaplains will be made aware by the appointing authority that appointments and/or continued employment are contingent upon completion of a successful background investigation.

Refusal to participate in any portion of the background process will disqualify a person from employment with the CDOC. Any false, incomplete, inaccurate, or omission of information requested during the background investigation may be grounds for disqualification for employment or following an appointment, termination from employment.

d. CDOC will conduct criminal background records checks at least every five years for current employees and Contractors who may have contact with offenders.

vi. CDOC will ensure that any person who supervises an Offender will be approved by the CDOC and receive training from approved CDOC staff.

The Department may at its sole discretion elect to include a provision in the State Contract that allows the Department to consider an annual price increase not to exceed 2.5% for each fiscal year of the Contract.

Any price increases must be agreed upon between CDOC and the awarded vendor.

4. PROPOSAL INSTRUCTIONS, GENERAL INFORMATION FOR THE RFP RESPONSE

A. General Information for the RFP Response

i. Offerors are encouraged to review the RFP and any attachments in their entirety to assure understanding of and compliance with the requirements that may be included in these documents.

ii. Unnecessarily elaborate proposals are not desired. Font size for basic narrative descriptions must be no smaller than 10-point (Arial, Courier or Times New Roman fonts are preferable).

iii. To facilitate evaluation of the proposals, a proposal should be thorough yet brief. A proposal should address the requirements set forth in this RFP and should provide sufficient details to allow the evaluation committee to determine whether the proposal demonstrates an understanding of the State’s needs, requirements, and contracting terms and conditions; the ability to meet the State’s needs, including the experience and resources necessary to carry out the work; and costs that are reasonable and consistent with the industry. Note: Proposals may only be submitted electronically via bidnetdirect.com//cdoc. No other electronic submission methods or hard copy submittals will be accepted.

iv. A proposal with missing or inconsistent information may be considered non-responsive and may not be evaluated.

v. Proposals shall not exceed 50 pages total excluding attachments and samples.

B. Timeliness of Proposal Submission

i. Proposals received after the submission deadline shall not be opened and shall be rejected as a late response, unless otherwise permitted by the procurement official in accordance with Procurement Rule C.R.S. §24-103-201-10.

ii. Responsibility for ensuring that an Offerors proposal is received on time rests with the Offeror.

C. Offerors Binding Offer and Acceptance

i. The contents of an Offerors submittal response to this RFP shall constitute a binding offer. The signature of the Offeror shall indicate acknowledgment of this condition. Signature shall be that of a person legally authorized to execute contractual obligations.

ii. The contents of the proposal of the successful Offeror will become contractual obligations if under the awarded Contract. Failure of the successful Offeror to accept these obligations in a Contract, purchase order, or similar authorized commitment voucher may result in a cancellation of the award to that Offeror.

iii. CDOC may require additional information (financial, capacity, etc.) of the apparent successful Offer(s) to determine their ability to perform. The CDOC reserves the right to visit Offeror(s) office(s) to verify such ability.

iv. The CDOC may disqualify from consideration any Offeror who is involved in bankruptcy proceedings or whose financial condition is deemed to pose a risk to the State for successful performance of the Contract.

D. Confidentiality and Proprietary Information Following the notice of intent to award, all proposals will be open to public inspection with the exception of information determined by the State to be a trade secret or confidential or proprietary.

Reference C.R.S. §24-72-2-1 et seq., amended, Public (Open) Records.

i. Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself and such information segregated.

ii. Written requests for confidentiality shall be submitted by the Offeror with the proposal for consideration and acceptance of confidential status by the CDOC.

iii. The Offeror must state specifically what elements of the proposal are to be considered confidential/proprietary and must state this clearly.

iv. Confidential/Proprietary information must be identified, marked, and packaged separately from the rest of the proposal.

v. Neither a proposal in its entirety, nor proposal price information is considered confidential and proprietary.

vi. Any information that will be included in any resulting Contract cannot be considered confidential.

vii. CDOC will make a written determination as to the apparent validity of any written request for confidentiality. In the event CDOC does not concur with the Offerors request for confidentiality, the written determination will be sent to the Offeror per C.R.S. §24-72-201 et.seq.

E. Modifications and/or Supplemental Information to the RFP

i. The CDOC will publish any modifications, amendments, or supplemental information to the IFB on Colorado VSS. In the event that it becomes necessary to revise any part of this IFB, the CDOC will post a modification notice to Colorado VSS.

ii. It is the Offeror’s sole responsibility to check Colorado VSS on a regular basis, prior to the bid submission deadline, as this is the primary means for communicating any clarifications or changes to solicitation content, timeline and/or requirements.

F. Inquiries

i. Offerors may submit written inquiries concerning this RFP to obtain clarification on specifications and requirements via bidnetdirect.com//cdoc

ii. All inquiries are due no later than the time shown in the Schedule of Activities.

iii. Send all inquiries to bidnetdirect.com//cdoc.

iv. All electronic inquiries will reference the RFP number. Where appropriate, inquiries should include references to any relevant section/paragraph of the RFP.

v. List each question separately.

vi. Limit inquiries to only those issues which are essential in order to submit a viable proposal in response to this RFP. Requests for detailed or exhaustive information may be declined if said information is not deemed by CDOC to be necessary.

vii. Request (and ensure you receive) confirmation that your email has been received.

viii. The CDOC will publish responses to Offerors inquiries collectively, in a timely manner, as a modification on Colorado VSS. Offerors are responsible for monitoring Colorado VSS for such publication(s). 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 the CDOC Point of Contact.

G. RFP Response Material Ownership

i. The CDOC has the right to retain the original proposal and other RFP response materials for its files received by the solicitation closing and not withdrawn prior to the public opening. As such, the CDOC may retain or dispose of all copies as is lawfully deemed appropriate. The CDOC has the right to use any and all information/material presented in the reply to the RFP, subject to limitations outlined in Section 1.L Proprietary/Confidential Information. Proposal materials may be reviewed after the award, subject to the terms of C.R.S §24-72-2 as amended.

ii. In accordance with Procurement Rule C.R.S §24-103-201-09, an Offeror may withdraw their proposal upon written notification submitted to and received by CDOC prior to the established RFP proposal opening date and time (e-mail acceptable). CDOC will not retain a copy of the withdrawn proposal.

H. Modifications or Withdrawal of Responses

An Offeror may modify or withdraw its proposal by written notice to the CDOC point of contact prior to the established proposal submission deadline. Withdrawal of an Offerors proposal following the submission deadline and prior to award may be allowed, in the CDOC’s discretion. Withdrawal of an Offerors proposal after award is not allowed. Reference Procurement Rules C.R.S. §24-103- 201-08 and C.R.S. §24-103-201-09.

I. Mistakes and Minor Informalities in Offeror Responses In certain circumstances, an Offeror may correct a mistake(s) in its proposal and/or the CDOC may waive minor informalities. Reference Procurement Rule C.R.S. §24-103-201-08.

J. RFP Cancellation The State reserves the right to cancel the entire RFP or individual phases at any time, without penalty in accordance with C.R.S. §24-103-301.

K. Order of Precedence In the event of any conflict or inconsistency between terms of this RFP and the offer, such a conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of a resulting contract, second to the RFP, and third to the proposal (See Draft Model Contract for additional information).

L. Draft Model Contract

i. Except as modified herein, the standard State Contract terms included in this RFP shall govern this procurement, and are hereby incorporated by reference.

ii. The Draft Model Contract (Exhibit B) lists the State’s required legal provisions, but does not include the specific scope of work and requirement of this RFP.

iii. The Offeror is expected to review the attached draft Model Contract and not exceptions.

Unless the Offeror notes exceptions in its proposal, the conditions for the Draft Model Contract will govern. The Offeror shall identify clearly and thoroughly any variations between its proposal and the State’s RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as may be outlined or specified in the RFP.

iv. Offeror(s) requested changes may or may not be accepted by the State and may require negotiations during solicitation process. There will be no negotiations after award.

v. Modification to proposals or negotiations after award will not be accepted.

M. Selection of Successful Proposals and Intent to Award

i. The CDOC reserves the right to make an award on receipt of initial proposals and may award to multiple Offerors capable of fulfilling the anticipated program needs for CDOC.

ii. Offerors not meeting the requirements identified in the RFP shall be ineligible for further consideration.

iii. The CDOC may conduct discussions with the Offeror(s) for the purpose of understanding of the CDOC’s requirements and the Offerors proposal, to clarify requirements, make adjustments in services to be performed, and in prices.

iv. Changes to proposals, if permitted, will be requested in writing from Offeror(s).

v. An evaluation will be conducted and awards made to the Offeror(s) whose proposal is determined to be most advantageous to the State considering the evaluation factors.

N. Documents after Award Prior to Contract execution, the awarded Offeror will provide CDOC with:

i. Proof of registration with the Colorado Secretary of State (SOS). In order to do business in

Colorado, the SOS requires Contractors to register in accordance with C.R.S. 7-90-801, and obtain and maintain a rating of “good standing” status throughout the term of an awarded Contract. The link to the SOS website is: www.sos.state.co.us.

ii. An awarded Contractor shall obtain and maintain insurance coverage at all times during the term of the resulting Contract. The Contractor must obtain and maintain coverages required in the executed Contract.

O. RFP Cancellation/Rejection of Proposal(s) The CDOC may cancel this RFP, or any or all proposals may be rejected in whole or in part, without penalty, at any time before a Contract is executed, when it is the best interests of the State. Reference §24-103-301, CRS, and related Procurement Rules. The reason and documentation supporting the decision to cancel the RFP or reject proposal(s) shall remain confidential for the lesser of six months or until the Contract at issue is awarded by the State. Reference §24-101-401-05.

If the RFP is cancelled after proposals are received, the proposals that have been opened shall be retained in the procurement record, or if unopened, returned to the Offerors upon request, at Offerors expense, or otherwise disposed of.

P. Protested Solicitations and Awards An aggrieved party may file a protest concerning a material issue(s), at 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 the Procurement Official for the issuing agency, in within ten (10) business days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Reference C.R.S. §24-109-102, as amended, and Procurement Rules C.R.S. §24-109-102-01 et seq. Protests should be submitted in writing to the following:

Tina Fay Associate Director of Procurement tina.m.fay@state.co.us

5. RESPONSE FORMAT

Proposals MUST follow the format outlined with electronic copies of each document provided as instructed. Proposal sections should be tabbed, clearly identifiable, and contain the following specifics:

A. Administrative Documents

i. Signed RFP Cover Sheet and Signature Page (sign in blue ink, please)

ii. Completed W-9

iii. Completed Vendor Disclosure Statement

iv. Colorado Secretary of State’s Certificate of Good Standing

v. Table of Contents

vi. Scope of Work

B. Executive Summary In no more than 2 pages, Offeror shall furnish a cover letter to introduce the firm and its qualifications, and to provide a general overview of its proposal. The Executive Summary should provide the reader with an overall understanding of the proposal and the Offerors approach.

http://www.sos.state.co.us/

C. Accessibility Requirements Offeror shall describe how their proposed solution will meet or exceed the accessibility requirements detailed in Exhibit A §13.

D. Technical Proposal Offerors shall restate each of the requirements in Section 3 – Scope of Work and provide your company’s proposal and approach to each of the deliverables.

Offeror should describe how the Offerors experience and capabilities make it the ideal candidate to perform the work. Describe experience with similar projects.

Offeror should indicate key personnel who will be assigned to the project and describe their experience.

E. Cost Proposal

i. Offerors shall submit with their proposals, the proposed pricing that supports their response to

Section 3 – Scope of Work. The Cost Proposal shall include your company’s pricing models and pricing narrative. Offerors shall outline pricing models, and include a detailed pricing narrative that justifies its rates within the scope of services. Please include in the Cost Proposal:

a. Break out of services and associated rates

b. Research costs that are not included in your company’s break out of services and associated rates.

c. Setup fees, monthly service fees, delivery fees.

ii. The CDOC will not consider the submission of brochures, references to websites or other marketing material as a substitute for written responses to our requirements and questions.

iii. Quoted pricing must remain firm during the initial term of the Contract or Purchase Order.

F. Certification of Independent Price Determination

By submitting 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 Offeror. 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 Offeror. No attempt has been made or will be made by the Offeror to induce any other person or firm to submit a Proposal for restricting competition.

Reference C.R.S. §6-4-101., et set. (Colorado Antitrust Act of 1992) as amended.

6. EVALUATION AND AWARD SELECTION PROCESS

A. Evaluation Process

A comprehensive, fair, and impartial evaluation of each proposal received will be conducted in accordance with the State Procurement Code (C.R.S. §24-103-203(7)), which states, “The award shall be made to the responsible Offeror whose proposal is determined in writing to be the most advantageous to the State, taking into consideration the price and evaluation factors set forth in the request for proposal.

B. Evaluation Committee

i. An Evaluation Committee will be established utilizing measures to ensure the integrity of the evaluation process. These measures include the following:

a. Selecting committee members who do not have a conflict of interest regarding this solicitation,

b. Facilitating the independent review of proposals,

c. Requiring the evaluation of the proposals to be based strictly on the content of the proposals.

d. Ensuring the fair and impartial treatment of all Offerors.

ii. The objective of the Evaluation Committee is to conduct reviews of the proposals that have been submitted, to hold frank and detailed discussions amongst themselves, and to recommend an Offeror for award.

C. Proposal Evaluation Criteria A preliminary review of the basic responsiveness of the proposal will be conducted to ensure all requirements of the RFP have been met.

i. The State will evaluate proposals to determine if each Offeror meets all mandatory qualification requirements; provided, however, that the State has the authority to waive non-material mandatory requirements in certain circumstances. Reference Procurement Rule C.R.S. 24-103-301-03. The mandatory qualification requirements are scored on a Met/Not Met basis and only those proposals found to meet all mandatory requirements, other than non-material mandatory requirements waived by the State, can be considered for a Contract resulting from this solicitation.

ii. Proposals will be evaluated by the Evaluation Committee using the evaluation criteria listed below. The evaluators will consider whether the Scope of Work requirements in the solicitation have been addressed, and they will review the capabilities of the Offeror, as well as the quality of the approach proposed, the price, and any other aspect determined relevant to the evaluation criteria.

D. Evaluation Factors The following evaluation factors listed are identified as that which will be evaluated in order to determine responsiveness of the proposals received. Overall responsiveness most advantageous to the CDOC’s needs will determine the award.

i. Qualifications

a. Organizational information, leadership.

b. Staffing information, key personnel, qualifications.

c. Licenses, certifications, insurance coverage.

d. Offeror’s Vision or Mission Statement.

e. How the Offeror will meet the required security protocol.

f. Financial Viability

g. Certificate of Incorporation.

ii. Vendor Experience

a. Number of years providing services

b. Product(s) being manufactured

c. Manufacturing processes.

d. Training and educational programs

e. How Offeror will handle inmate job performance and turn-over

f. Plan implementation and timeframes.

iii. Proposed Goods/Services

a. Contractor description of proposed services.

b. Proposed staffing plan, staff qualifications, written employment policy

c. Operations plan, description of service components.

d. Target market for product.

iv. Offerors Proposed Pricing and Terms

a. Proposed inmate pay.

b. Payroll record-keeping services.

c. Other proposed pricing, reimbursement policies.

E. Offeror Presentation/Demonstration/Interviews

i. The Evaluation Committee along with Procurement Staff may, if it deems necessary, request clarifications, conduct discussions or oral presentations, or request for best and final offers (BAFO). Per C.R.S. 24-103-203-03, discussions may be held with responsible Offerors whose proposals are determined to be reasonably susceptible to be selected for award to:

a. Promote understanding of the State’s requirements and the Offerors proposals; and

b. Facilitate a Contract that will be most advantageous to the State taking into consideration price and the other evaluation factors set forth in the request for proposals.

c. Clarifications or BAFO’s proposals, if permitted, shall be requested in writing from Offeror and responses by the Offeror submitted in…