DQ 25-028 JR Avalanche Control System Maintenance and Services.pdf

DQ 25-028 JR Avalanche Control System Maintenance and Services

SOLICITATION AND RESPONSE COVER SHEET

HAA DQ 25-028 JR Avalanche Control System Maintenance and Services Per the attached specifications, terms and conditions.

INSTRUCTIONS: respondent (bidder) must complete this cover sheet and attach it with their proposal.

Respondents are urged to read the solicitation document thoroughly before submitting a proposal.

Submit proposal to:

BidNet Direct

Help Desk 800-835-4603 / support@bidnet.com

Purchasing

Agent:

Jeremy Roth 303-757-9618 Jeremy.Roth@state.co.us

Due Date:

Tuesday, September 24, 2024

Time Due:

2:00 PM

Mountain Time

Respondent F.E.I.N.: Payment Terms:

(Minimum of Net 30) Delivery Date:

Authorized Signature:

Signature acknowledges acceptance of all terms and conditions of the solicitation.

Typed/Printed Name and Title:

Legal Company Name:

Doing Business As:

Address:

City: State: Zip:

Phone Number:

Contact for Clarifications: Title:

Phone Number: Fax Number:

Read this Documented Quote (DQ) thoroughly before responding. Illegible responses may be rejected as non-responsive.

The Colorado Department of Transportation (CDOT) reserves the right to reject any and all proposals or parts thereof, and to waive informalities or irregularities. By submission of a proposal, respondent agrees to the State of Colorado terms and conditions.

By submission of a proposal, bid and/or quote, respondent agrees as follows:

● Except as replaced, modified, or supplemented by CDOT 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.

● Proposer testifies that bid prices were arrived at independently and there was no collusion involved.

● The respondent guarantees to the State that they understand and agree to the terms and conditions of this bid and that they will not default from performance by virtue of a mistake or misunderstanding.

respondents shall seek clarification from CDOT of any specifications, terms and/or conditions that they determine to be unclear. The failure of a respondent to seek clarification may be deemed a waiver of any such clarification.

● If applicable, low tie bids/proposals shall be decided in accordance with the provision of C.R.S. 24-103- 902, as it currently exists or is hereafter amended, which gives a preference to resident bidders. Any respondent who wishes to be considered a “resident bidder” for purposes of the tie bid procedure shall include with their bid, proof that they meet the definition of resident bidder.

● 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 as specified; (c) unpaid loans due to the student loan division of the Colorado Division 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.

Electronic Bid Submission: This solicitation is published via Rocky Mountain E-Purchasing, BidNet Direct. Suppliers must be registered with BidNet Direct in order to download solicitation documents and information (including any amendments or modifications) and to be considered responsive at the time of submission of the response. Bidders who have not registered on the BidNet Direct website, must register promptly to ensure they are able to submit a timely bid response. Information may be accessed through the BidNet Direct at: https://www.bidnetdirect.com/register. BidNet Direct’s Help Desk can be reached at 800-835-4603 or by email: support@bidnet.com

Respondent to answer and acknowledges by its signature above:

- Confirm that you are aware that the award notice will be published on CDOT website: ____ Yes

- My company is registered on BidNet, Direct: _____Yes / _____No

- Proprietary Information is in my response and as segregated pages: _____Yes / _____No

- Registered with the Colorado Secretary of State ____No / ____Yes, and #________________________

Table of Contents

SECTION 1.0 SOLICITATION INFORMATION

1.1. INTRODUCTION

1.2. BACKGROUND, OVERVIEW AND GOALS

1.3. ANTICIPATED TERM

1.4. SCHEDULE OF ACTIVITIES

1.5. SOLE POINT OF CONTACT

1.6. RESPONDENT INQUIRIES

SECTION 2.0 SCOPE OF WORK/SPECIFICATIONS AND REQUIREMENTS

2.1. ACCESSIBILITY REQUIREMENTS

2.2. INSURANCE REQUIREMENTS

2.3. MANDATORY/MINIMUM REQUIREMENTS/QUALIFICATIONS

2.4. SCOPE OF WORK/SPECIFICATIONS

SECTION 3.0 QUOTE SUBMISSION INFORMATION

3.1. ONLINE QUOTE SUBMISSION INSTRUCTIONS

3.2. TIMELINESS OF QUOTE SUBMISSION

3.3. BID OPENING

3.4. PRICING

3.5. USE OF CDOT PRICE SUBMISSION FORM

SECTION 4.0 AWARD

4.1. AWARD (See Procurement Rule R-24-103-204-01)

4.2. BID EVALUATION

4.3. NON-RESPONSIVE

4.4. NEGOTIATIONS

4.5. SINGLE QUOTE

4.6. NOTICE OF AWARD

4.7. DOCUMENTS AFTER AWARD

SECTION 5.0 GENERAL ADMINISTRATIVE INFORMATION

5.1. ROCKY MOUNTAIN E-PURCHASING, BIDNET DIRECT

5.2. MODIFICATIONS AND/OR SUPPLEMENTAL INFORMATION TO THE SOLICITATION

5.3. SOLICITATION CANCELATION/REJECTION OF QUOTE(S)

5.4. MODIFICATIONS OR WITHDRAWAL OF QUOTES

5.5. MISTAKES AND MINOR INFORMALITIES IN RESPONDENT QUOTES

5.6. NEWS RELEASES AND ANNOUNCEMENTS

5.7. RESPONDENT ACCEPTANCE OF SOLICITATION TERMS/RESPONDENT QUOTE CONTENT

5.8. FAILURE TO RENDER SERVICE/CANCELLATION

5.9. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

5.10. QUOTE RESPONSE MATERIAL OWNERSHIP

5.11. SUBMISSION OF CONFIDENTIAL OR PROPRIETARY INFORMATION

5.12. MODIFICATIONS TO STATE CONTRACT

5.13. CONFLICTS OF INTEREST/ETHICS

5.14. PROTESTED SOLICITATIONS AND AWARDS

5.15. PERFORMANCE OUTSIDE OF COLORADO

5.16. SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB) (REF. §24-103-905, C.R.S., et seq.)

5.17. FEDERAL COMPLIANCE

5.18.EQUAL OPPORTUNITY AND NON-DISCRIMINATION

Appendices Attachment A- Statement of Work (SOW) Appendix B – Price Submission Form

SECTION 1.0 SOLICITATION INFORMATION

1.1. INTRODUCTION

On behalf of the State of Colorado, Colorado Department of Transportation is issuing this Documented Quote for Avalanche Control System Maintenance and Services.

1.2. BACKGROUND, OVERVIEW AND GOALS

The Colorado Department of Transportation (CDOT) is looking for qualified vendors to provide maintenance and services for remote avalanche control systems.

1.3. ANTICIPATED TERM

1.3.1. The anticipated term of the Contract(s) resulting from the award of this solicitation is for the term of one year starting on the date of contract execution, with four one year extensions.

1.3.2. The State is not responsible for any goods delivered or services performed by the awarded Respondent without a State issued Contract or Purchase Order

1.4. SCHEDULE OF ACTIVITIES

1.4.1. This 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 stated in Mountain Time (MT), as adjusted for daylight savings

Activity Date

Solicitation Published via Rocky Mountain E-Purchasing, BidNet Direct

Tuesday, September 17, 2024

Written Inquiries Deadline

Thursday, September 19, 2024 by 1:00pm MT

Response to written inquiries; will be posted to BidNet.

Friday, September 20, 2024 by 3:00pm MT

Quote Submission Deadline

Quotes must be submitted in the method described in Section 3.0 below

Tuesday, September 24, 2024 at 2:00pm MT

Award selection and notification (week of) (Estimated)

Friday, September 27, 2024

6 Contract/Purchase Order Start Date (Desired)

Friday, September 27, 2024

1.5. SOLE POINT OF CONTACT

1.5.1. The Procurement Contact for this solicitation is:

Jeremy Roth Purchasing Agent Jeremy.Roth@state.co.us 303-757-9618

1.5.2. Because phone lines may not be consistently monitored, email is the preferred method of communication. The individual listed above is the sole point of contact for this solicitation. Initiating contact with anyone other than this individual may result in Respondent disqualification.

1.6. RESPONDENT INQUIRIES

1.6.1. Respondents may submit written inquiries via email concerning this solicitation to obtain clarifications. The State, in its sole discretion, may not accept inquiries received after the date and time indicated in the Schedule of Activities. Send all inquiries to the Procurement Contact identified above. Inquiries should be clearly marked with the DQ number and title. Where appropriate, inquiries should include references to any relevant Section/paragraph of the solicitation.

1.6.2. Responses to Respondent inquiries will be published on BidNet Direct collectively, as an addendum to the solicitation. Respondents shall not rely on any verbal statements that alter any specification or other term or condition of the solicitation. Such changes are valid only if provided in writing by the Procurement Contact.

SECTION 2.0 SCOPE OF WORK/SPECIFICATIONS AND

REQUIREMENTS

2.1. ACCESSIBILITY REQUIREMENTS

2.1.1. All work performed as a result of this solicitation must comply with all applicable provisions of §§24-85-101, C.R.S., et seq., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to §24-85-103 (2.5), C.R.S. and 3) all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

2.2. INSURANCE REQUIREMENTS

The awarded Respondent will be required to submit a certificate(s) of insurance evidencing insurance coverage for the types and amounts of insurance. Services Only.

2.3. MANDATORY/MINIMUM REQUIREMENTS/QUALIFICATIONS

2.3.1. Solicitation and Response Cover Sheet: Listing of name, location, telephone number, and email address of the primary contact person for the Contractor on the Solicitation and Response Cover Sheet and must be signed by an individual with express authority to bind the bidding company.

2.4. SCOPE OF WORK/SPECIFICATIONS

2.4.1. Reference Appendix A – Statement of Work (SOW)

SECTION 3.0 QUOTE SUBMISSION INFORMATION

3.1. ONLINE QUOTE SUBMISSION INSTRUCTIONS

3.1.1. Respondents shall submit Quotes via Electronic Bid Submission.

3.1.2. This solicitation is published via Rocky Mountain E-Purchasing, BidNet Direct.

Respondents must be registered with BidNet Direct in order to download solicitation documents and information (including any addendums or modifications) and to be considered responsive at the time of submission of the response. Respondents who have not registered on the BidNet Direct website, must register promptly to ensure they are able to submit a timely bid response. Information may be accessed through the BidNet Direct at: https://www.bidnetdirect.com/register. BidNet Direct’s Help Desk can be reached at 800-835-4603 or by email at: support@bidnet.com

3.1.3. Quotes should be included as one or more attachments of commonly accessible file types

3.1.4. Responses to this solicitation MUST be received no later than the stated DQ Submission deadline date and time

3.1.5. Late solicitation responses will not be accepted

3.1.6. All responses required the return of the completed DQ Price Submission Form and Solicitation and Response Cover Sheet. All forms must reflect the current Addendum/Addendum to this DQ.

3.1.7. The Solicitation and Response Cover Sheet must be signed by an individual with express authority to bind the company.

3.2. TIMELINESS OF QUOTE SUBMISSION

3.2.1. A Quote received after the submission deadline may, at the sole discretion of the

State, by rejected without further consideration.

3.3. BID OPENING

3.3.1. There is no formal opening for this DQ

3.3.2. Results will not be given by phone. Allow a minimum of two business days after bid submission date for posting of award notice at:

https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymLmgiL_8 mrI/edit#gid=330811082

3.4. PRICING

3.4.1. Proposed pricing must remain firm during the initial term of the Contract.

3.4.2. Pricing must include any fees associated with the delivery of goods or services, including, but not limited to, shipping and handing, freight, travel and expenses, etc.

3.4.3. Pricing to be submitted in the specified Unit of Measure.

3.4.4. All pricing submitted for bid evaluation must be rounded up or down to the nearest whole cent. Prices shall not exceed two decimal places (example $5.32). All pricing on the invoice must be in line with the bid price and may not exceed two decimal places.

3.4.5. Where applicable, successful respondents will be responsible for all fees, permits, bonds, insurance requirements per attached schedule, meeting State and Local codes, site visit, site safety, daily cleanup and final cleanup of the area. (SERVICES ONLY)

3.4.5.1. Pricing must be submitted in U.S. Dollars.

3.5. USE OF CDOT PRICE SUBMISSION FORM

Respondents must submit their pricing only using the form contained in Section XX of this document. Failure to submit pricing utilizing the form in Section XX of this document will result in the solicitation response being considered non-responsive. In addition, respondents may not submit additional quotations, specifications or documentation that are not specifically requested in this solicitation.

SECTION 4.0 AWARD

4.1. AWARD (SEE PROCUREMENT RULE R-24-103-204-01)

4.1.1. This solicitation and the resulting Contract(s)will be awarded to the responsible

Respondent whose acceptable Quote is determined to be the most advantageous to the State, with price/cost being the primary consideration. Other considerations may include, but are not limited to, sample quality, and lead time for delivery.

4.1.2. “Acceptable” means that the goods or services submitted in the Respondent’s Quote will meet the state’s needs, and that the price is fair and reasonable. The determination of whether a Respondent’s Quote is acceptable is solely within the State’s discretion. Respondent agrees to deliver under this solicitation for the full award term.

4.1.3. Neither this solicitation nor a Respondent’s Quote constitutes a legally binding offer;

therefore, responsiveness at the time of Quote submission is not an absolute criterion.

4.1.4. This solicitation will be awarded to one or multiple bidders.

4.1.5. Subcontracting will not be allowed under the resulting award(s).

4.1.6. This award shall be available for use by CDOT, other State Agencies and Institutions, Local Governments and Political sub-divisions in the state of Colorado.

4.2. BID EVALUATION

4.2.1. CDOT will be the sole judge in determining the acceptability of an offer and reserves the right to award the bed in the best interest of the State.

4.2.2. Award shall be made to the Supplier who is determined to be the lowest responsible and responsive respondent whose bid meets the requirements and criteria set forth in this solicitation. Award shall be subject to specification verification.

4.2.3. Low Tie Bids shall be decided in accordance with the provisions of CRE 24-103-902, as it currently exists or is hereafter amended, which gives a preference to resident respondents. Any Respondent who wishes to be considered a “Resident Respondent” for purposes of the tie bid procedure provided in this section shall include with their bid proof that they meet the definition of Resident Respondent.

4.2.4. In accordance with Procurement Code, CRS 23-103-904 titled “Purchasing Preference for Environmentally Preferable Products”; Respondents responding to this solicitation may seek to qualify for the preference and governmental bodies conducting this solicitation shall award a contract to a Respondent who offers environmentally preferable products subject to the conditions in the Code and Procurement Rules.

4.2.5. Service Set Asides CRS 24-103-801 thru 806 established a set aside program for certain qualified nonprofit agencies (Disability Set Aside Supppliers) that bid for State of Colorado services solicitations when the nonprofit employs persons with severe disabilities. The guidance states that “State Agencies must solicit bids first from the service set aside list before soliciting elsewhere”

4.3. NON-RESPONSIVE

4.3.1. Failure to complete and submit all forms reflection any and all modifications or to follow any instructions in this solicitation will cause the bid to be considered non-responsive.

4.3.2. Exceptions taken by any Respondent may cause their bid to be considered non-responsive. The State will be the sole judge of what constitutes an allowable exception and then only if the basic requirements of the specifications are essentially unaltered.

4.3.3. Any request to change the State’s Terms and Conditions will cause the bid to be considered non-responsive.

4.3.4. By submitting a solicitation response, Respondent agrees that CDOT reserves the right to accept or reject any alternate responses if allowed for in the solicitation.

4.3.5. Illegible responses will be rejected as non-responsive.

4.4. NEGOTIATIONS

4.4.1. The State may negotiate with any Respondent to clarify the Respondent’s Quote or to effect modifications that will make the Quote Acceptable or more advantageous to the State; however, any requirements identified in this solicitation may not be negotiated. Reference Procurement Rule R-24-103-204-01(d).

4.5. SINGLE QUOTE

4.5.1. If only one Quote is received in response to this solicitation, an award may be made to the single Respondent if the procurement official finds that the price submitted is fair and reasonable and that other prospective Respondents had reasonable opportunity to respond to the solicitation. If the price submitted is not fair and reasonable and there is not adequate time for re-solicitation, the procurement official may enter into competitive negotiations in accordance with Procurement Rule R-24-103-208-02.

4.6. NOTICE OF AWARD

4.6.1. A Notice of Intent to Award will be announced on Rocky Mountain E-Purchasing, BidNet.

4.7. DOCUMENTS AFTER AWARD

4.7.1. Prior to the Contract(s)execution, the awarded Respondent(s) must provide the State with proof of Good Standing with the Colorado Secretary of State and an insurance certificate documenting coverage as required by the Contract or Purchase Order.

SECTION 5.0 GENERAL ADMINISTRATIVE INFORMATION

5.1. ROCKY MOUNTAIN E-PURCHASING, BIDNET DIRECT

This solicitation is being published on the Rocky Mountain E-Purchasing (BidNet Direct) at www.bidnetdirect.com, so that Respondents who have an interest may submit a Quote in accordance with the terms of this solicitation.

5.2. MODIFICATIONS AND/OR SUPPLEMENTAL INFORMATION TO THE

SOLICITATION

5.2.1. Any modifications, addendums or supplemental information to the solicitation will be published on BidNet Direct. A modification notice will be published on BidNet Direct in the event that it becomes necessary to revise any part of this solicitation.

5.2.2. It is the Respondent’s sole responsibility to check Bid Net Direct on a regular basis, prior to the Quote submission deadline, as this is the primary means for communicating any clarifications or changes to solicitation content, timeline and/or requirements.

5.3. SOLICITATION CANCELATION/REJECTION OF QUOTE(S)

5.3.1. In accordance with §24-103-301, C.R.S., and the related Procurement Rules, the State may cancel this solicitation, or any and all Quotes may be rejected in whole or in part, without penalty, at any time before a Contract or purchase order is executed, when it is in the best interest of the State. The reason and documentation supporting the decision to cancel the solicitation or reject Quote(s) shall remain confidential for the lesser of six months or until a Contract or purchase order is awarded by the State.

Reference Procurement Rule R-24-101-401-05.

5.3.2. If the solicitation is canceled after Quotes are received, the Quotes that have been opened shall be retained in the procurement record, or if unopened, they will be disposed of, or returned to the Respondent upon request at the Respondents’ expense.

5.4. MODIFICATIONS OR WITHDRAWAL OF QUOTES

A Respondent may modify or withdraw its Quote by written notice to the Procurement

Contact prior to the established Quote submission deadline. Withdrawal of a Respondent’s Quote following the Quote submission deadline and prior to award, may be allowed, in the State’s discretion. Withdrawal of a Respondent’s Quote after award is not allowed.

Reference Procurement Rules R-24-103-201-08 and R-24-103-201-09.

5.5. MISTAKES AND MINOR INFORMALITIES IN RESPONDENT QUOTES

In certain circumstances, a Respondent may correct a mistake(s) in its Quote and/or the

State may waive minor informalities. Reference Procurement Rule R-24-103-201-08.

5.6. NEWS RELEASES AND ANNOUNCEMENTS

Respondents shall not issue any news releases, communications or announcements of any kind pertaining to this solicitation, without prior written approval by the State.

5.7. RESPONDENT ACCEPTANCE OF SOLICITATION TERMS/RESPONDENT

QUOTE CONTENT

5.7.1. Neither this solicitation nor a Respondent’s Quote submitted in response to this solicitation constitute a legally binding offer. Reference Procurement Rule R- 24-103- 204-01(b).

5.7.2. The contents of the Quote of the awarded Respondent and any modifications to the Quote negotiated by the State included in the resulting Contract or Purchase Order will become contractual obligations. Failure of the awarded Respondent to accept these obligations may result in cancellation of the award to that Respondent.

5.8. FAILURE TO RENDER SERVICE/CANCELLATION

In the event the awarded vendor fails to deliver goods or services as stated, the State of Colorado reserves the right to cancel this Documented Quote and any award thereof, by written notification. In the case of cancellation, the State reserves the right at its sole discretion to award to another Respondent, to solicit the items or services, or to implement other solutions to assure a continued delivery of goods and/or services.

5.9. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By submitting a Quote, the Respondent certifies that the prices and other terms in the

Quote have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the Quote by any other competing Respondent. 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 catalogs made available to the public by the competing Respondents. No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a Quote for restricting competition.

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

5.10. QUOTE RESPONSE MATERIAL OWNERSHIP

All material submitted in response to this solicitation becomes the property of the State.

5.11. SUBMISSION OF CONFIDENTIAL OR PROPRIETARY INFORMATION

5.11.1. The State of Colorado is subject to the requirements of §24-72-200.1, C.R.S.,et seq., Colorado Open Records Act.

5.11.2. A Respondent may submit, as a part of its Quote, a written request for classification of certain portions of the Quote as a trade secret or other confidential or proprietary information. Material for which the Respondent is requesting confidentiality shall be readily identifiable and separated from other portions of the Quote to facilitate public inspection of the non-confidential portion of the Quote. Commingling of confidential and non-confidential information is not acceptable. Neither price information nor any information that will be included in a resulting Contract or purchase order will be considered confidential.

5.11.3. The Respondent must include the rationale for any request to classify portions as a trade secret or confidential or proprietary, including references to the authority that allows for such treatment.

5.11.4. A complete redacted Quote response should also be included along with an unredacted Quote and confidentiality justification.

5.11.5. In no event shall an entire Quote be classified as confidential. The Procurement Official or his or her designee shall determine if the information identified in the Respondent’s request is exempt from disclosure in accordance with §24-72-204, C.R.S., and shall inform the Respondent in writing of his or her determination. If the Respondent does not agree with the determination, the Respondent may protest the determination in accordance with article 109 of the Colorado Procurement Code and the terms of this solicitation. Reference Procurement Rule R-24-101-401-03.

5.11.6. Any additional Respondent information, which may be part of the evaluation/negotiation process and for which an Respondent claims confidentiality, is subject to the same requirements and processes identified above.

5.12. MODIFICATIONS TO STATE CONTRACT

5.12.1. Respondents are instructed to review the attached Draft Standard Personal Services

Contract Template and submit any proposed modifications or redlines with their

Quote. The decision to reject, accept, or further negotiate any requested changes will be at State’s discretion.

5.12.2. Respondent normally seeks counsel on Contract terms, they are advised to do so before submitting a Quote in response to this solicitation.

5.12.3. In the event that a Respondent’s requested modifications violate State law, regulation, or policy, or would otherwise not be justifiable as being in the best interest of the State, the State may make a determination that a Respondent’s Quote is no longer acceptable and therefore ineligible for award. The section of the Contract identified as the Colorado Special Provisions are considered non-negotiable.

5.13. CONFLICTS OF INTEREST/ETHICS

5.13.1. The Respondent must disclose in its Quote any potential or actual conflict of interest in connection with a response to this solicitation. A conflict of interest may include, but is not limited to, access to any non-public information by the Respondent regarding the solicitation or its subject matter.

5.13.2. The Respondent acknowledges that even the appearance of a conflict of interest may be harmful to the State’s interests. The Respondent shall disclose in its Quote whether there currently is, or potentially could be, the appearance of a conflict of interest regarding this solicitation, its staff, any proposed subcontractors or partners, or any related business with the State.

5.13.3. Requirements set forth in this Section are continuing requirements throughout the solicitation process and, for the awarded Respondent, the Contract or Purchase Order term, including any extensions. Reference §24-18-201, C.R.S., et seq.

(Proscribed Acts Related to Contracts and Claims); §24-50-507, C.R.S.(Conflict of Interest); §18-8-301, C.R.S., et seq. (Bribery and Corrupt Influence); §18-8-401, C.R.S., et seq. (Abuse of Public Office); §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992); §24-109-105, C.R.S .(Debarment and Suspension); and Procurement Rule R-24-101-107-01 (Ethics).

5.14. PROTESTED SOLICITATIONS AND AWARDS

An aggrieved party may file a protest concerning a Material Issue(s), at any phase of solicitation, including but not limited to, specifications, award or a disclosure of information marked confidential in the Quote. “Material issue” means a nontrivial defect in the solicitation or award that would prejudice the outcome of the procurement. The presence of multiple nonmaterial issues in a solicitation or award does not constitute a material issue unless the aggrieved party can establish that those nonmaterial issues together would prejudice the outcome of the procurement.” The protest shall be submitted to the Colorado Department of Transportation (CDOT) Procurement Official within three (3) business days after such aggrieved person knows, or should have known, of the facts giving rise thereto.

Reference §24-109-102, C.R.S., as amended, and Procurement Rule R-24-109-102-01, et seq.

The written protest shall include, as a minimum, the following:

1. The name and address of the protester.

2. Appropriate identification of the procurement by solicitation or award number

3. A statement of the reasons for the protest and

4. Any available exhibits, evidence or documents substantiating the protest

Protests should be submitted in writing to the following:

Molly McLoughlin Procurement Official Molly.McLoughlin@state.co.us

5.15. PERFORMANCE OUTSIDE OF COLORADO

Awarded Respondent, per Section 24-102-206, C.R.S., prior to contracting shall disclose in a written statement whether it anticipates performing or subcontracting any services under the contract, where such subcontracted services will be performed under the contract, including any subcontracts, and whether any subcontracted services under the contract or any subcontracts are anticipated to be performed outside the United States or the state. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the vendor shall provide in its written statement a provision setting forth why it is necessary or advantageous to go outside the United States or the state to perform the contract or any subcontracts.

5.16. SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)

(REF. §24-103-905, C.R.S., ET SEQ.)

5.16.1. SDVOSB Respondents must submit documentation of certification issued through the

U.S. Department of veteran’s affairs in their Quote. §24-103-905 C.R.S. sets a SDVOSB goal of at least 3% of all contracts by dollar value be awarded to SDVOSBs who must be incorporated or organized in Colorado or they must maintain a place of business or have an office in Colorado and must be officially registered and verified as a SDVOSB by the Center for Verification and Evaluation within the United States department of veteran’s affairs. See www.vip.vetbiz.va.gov.

5.16.2. Verified SDVOSB Offers shall receive a preference of 3% on their Quote. This preference applies only to the Quote price, and the SDVOSB Respondent must still meet all other requirements of this solicitation.

5.17. FEDERAL COMPLIANCE

When a procurement involves the expenditure of federal assistance or federal contract funds, the Procurement Official shall comply with the appropriate federal law and the rules and regulations promulgated pursuant to such law which are mandatorily applicable.

5.18. EQUAL OPPORTUNITY AND NON-DISCRIMINATION

CDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252, US.C 2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit solicitation responses to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

PRICE SUBMISSION FORM

5.19 Supplier Pricing Schedule: Supplier is required to supply pricing via Appendix B – Price Submission Form and upload it to BidNet as a separate document.

5.20. Delivery of Services: Delivery of service in a timely manner is critical to the operations and maintenance of CDOT. Therefore, as part of your bid, confirm below the expected delivery date or delivery time period after receipt of Purchase Order:

DELIVERY REQUIREMENTS:

Quantities listed in this solicitation indicate estimated usage only.

NO AVERAGE ORDER OR ANNUAL USAGE QUANTITIES ARE GUARANTEED

Appendix B: IFB PRICING FORM

Item # Item Description UOM Unit Price/Rate

1. Maintenance, Repair and Customization of Remote Avalanche Control Systems in steep remote rope access environments

Hourly

2. All Remote Avalanche Control Systems Parts - @ % over costs

Delivery of Good / Services: Delivery of goods / services in a timely manner is critical to the operations and maintenance of CDOT. Therefore, as part of your bid, confirm below the expected delivery date or delivery time period after receipt of Purchase Order / Contract.

Confirm Services Delivery Time:_______________________________________________

5.21 Total Bid Award: CDOT reserves the right to award bid in whole or in part and in the best interest of the State. If award is made in total, will your firm offer an additional discount? YES_____

NO_____.

If yes, please indicate the discount percentage here. _______________%.

SERVICE DISCLOSURE FORM

Vendor Disclosure Statement: In compliance the Contractor Performance Outside the United States or Colorado, CRS 24-102-206, the awarded Supplier is required to disclose information on where the services will be performed under this award.

Indicate percent and value of Services Performed:

Outside Colorado - ___________% $_________________ value Outside United States - ___________% $_________________ value

Independent contractor information. Please select Yes, No, or NA (Not applicable) for each question.

YES NO NA

Is the State the only client the contractor works with?

Is the contractor registered with the Secretary of State’s Office and/or the IRS to conduct business as an independent contractor?

Does the contractor hire retired state employees to perform the work?

Does the contractor have their own place of business?

Does the contractor offer services to the general public and have other clients?

Does the contractor need to be trained by the State to be able to provide the service?

Does the contractor determine how and when the services will be performed?

Does the contractor work on state property?

YES NO NA

Does the State control the route or location where the work must be performed?

Does the State provide the contractor with equipment, tools or materials to conduct the work?

Does the contractor have unemployment and workers’ compensation insurance?

Does the contractor have direct daily control over state employees?

Is your company a sole proprietor?

Does the contractor bill by an hourly rate?

Does the contractor bill by a lump sum?