DQ 25-088 NM - DTR 45ft Heavy Diesel Commuter Motor Coaches.pdf

DQ 25-088 NM – DTR 45ft Heavy Diesel Commuter Motor Coaches

SOLICITATION AND RESPONSE COVER SHEET

Per the attached specifications, terms and conditions.

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

Offerors are urged to read the solicitation document thoroughly before submitting a response.

Submit Proposal to:

BidNet Direct

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

Purchasing Agent:

Natalie A. Martinez natalie.a.martinez@state.co.us

Due Date: April 14, 2025 Monday Time Due:

2:00 PM

Mountain Time

OFFEROR INFORMATION

Offeror F.E.I.N.: DUNS#:

Delivery Date:

Payment Terms:

(Minimum of Net

30)

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: Fax Number:

Contact for Clarifications:

Title:

Phone Number: Fax Number:

E-mail Address:

https://www.bidnetdirect.com/register mailto:support@bidnet.com mailto:natalie.a.martinez@state.co.us

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. Offerors 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 Offeror 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 #_______________________

- Offeror proposes using Subcontractors for this project: _____Yes / _____No

- Offeror has reviewed Modifications made to this RFP – list the Modification # last reviewed: _____

- If claiming SDVOSB (Service Disabled Veteran Owned Small Business) attach proof of certification:

_____Yes / _____NA

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, proposer agrees to the State of Colorado terms and conditions.

By submission of a proposal, bid and/or quote, proposer 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 Bidder/Proposer/Vendor 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. Proposers shall seek clarification from CDOT of any specifications, terms and/or conditions that they determine to be unclear. The failure of a proposer 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.

Section 24-103-902, as it currently exists or is hereafter amended, which gives a preference to resident bidders. Any bidder 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) https://www.bidnetdirect.com/register https://www.codot.gov/business/procurement-and-contract-services/cdot-supplier-information 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.\

● C.R.S. §24-92-202 applies to this Solicitation because it is anticipated to be for work on a Public Project as defined by C.R.S. §24-92-201(5). All employees of the selected Bidder/Proposer/Vendor and all employees of any subcontractor who perform work under the contract issued pursuant to this Solicitation for the Public Project must be paid in accordance with the wage requirements of the federal David-Bacon Act, 40 U.S.C. §3141 et. seq., and Related Federal Acts, see also 40 U.S.C. §276(a), 29 C.F.R. Parts 1, 3, 5, 6, and 7, collectively referred to as “DBRA” and receive the minimum compensation as required by the DBRA. Any DBRA requirement that addresses the payment of wages, including when wages and overtime must be paid, will be required. Any requirement of DBRA that addresses reporting is not required. The minimum DBRA wages to be paid are established by the U.S. Department of Labor.

The applicable DBRA wages for the Public Project work to be performed pursuant to this Solicitation are attached as [Exhibit ___ or as Form ___]. All subcontracts must contain this requirement and the selected Bidder/Proposer/Vendor shall, and shall ensure that all subcontractors, maintain and make available for review, inspection, and audit by the State all project records as are necessary to document compliance with applicable portions of the DBRA.

DOCUMENTED QUOTE (DQ)

Bidders are urged to read the DQ Solicitation Document thoroughly before submitting a bid.

1. ISSUING OFFICE:

This Documented Quote is issued on behalf of the State of Colorado, by the Colorado Department of Transportation, Center for Procurement and Contract Services.

2. BACKGROUNG, OVERVIEW AND GOALS:

The Colorado Department of Transportation is soliciting for 45ft Heavy Diesel Commuter Motor Coaches for the Division of Transit and Rail.

3. SCHEDULE OF ACTIVITIES:

a. 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

Standard Time (MST), as adjusted for daylight savings.

b.

Activity Date Time

1 Solicitation Published via BidNet 4/8/25 N/A

Bid Submission Deadline

Sealed response must be submitted in the method described in Section 7 below

4/14/25 2:00 p.m.

Notice of Intent to Award Published on BidNet (Estimated) 4/18/25 N/A

4 CDOT Price Agreement/Contract/PO

Execution (Desired) 4/18/25 N/A

4. SOLE POINT OF CONTACT AND INQUIRIES:

a. The Procurement Contact for this solicitation is:

Natalie A. Martinez Purchasing Agent Email: natalie.a.martinez@state.co.us

b. 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.

c. 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 must be clearly marked with the DQ number and title. Where appropriate, inquiries should include references to any relevant

Section/paragraph of the solicitation.

d. Responses to Respondent’s inquiries will be published on BidNet collectively, as a modification 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.

5. NEGOTIATIONS:

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 mailto:natalie.a.martinez@state.co.us to the State; however any requirements identified in this solicitation may not be negotiated. Reference Procurement Rule R-24-103-204-01(d).

6. MODIFICATIONS:

a. Any modifications or changes to this solicitation will be published on BidNet

Direct. It is solely the responsibility of the Respondent to monitor the site for any changes. It is the Respondent’s sole responsibility to check BidNet 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.

b. Deviation from these specifications during the bid process, or changes to the price agreement resulting from this solicitation, will not be allowed unless previously authorized, in writing only, by a modification to the solicitation or price agreement issued from the CDOT Center for Procurement and Contract Services.

7. QUOTE SUBMISSION:

a. Responses to this solicitation MUST be received no later than the Due Date and time listed above.

b. Late bids will not be accepted.

c. All responses require the return of the completed DQ Price Submission Form.

The DQ Price Submission Form must reflect all Modifications to this DQ.

d. The Solicitation and Response Cover Sheet must be signed by an individual with express authority to bind the Respondent company and included in submission.

e. ELECTRONIC 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. 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: support@bidnet.com

8. BID OPENING:

a. There is no formal opening for this DQ.

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

c. NOTICE OF AWARD: Awards will be posted on the CDOT Solicitation Log after determination is completed. The State will prepare a register of bids, which shall include the name and amount of the bid submitted by each Respondent once an award has been made.

https://www.bidnetdirect.com/register https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymLmgiL_8mrI/edit#gid=0

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

a. AWARD DOCUMENT - CDOT will award this solicitation and enter into an agreement with the winning Respondent through an executed Colorado Department of Transportation Purchase Order. Upon review and approval of the evaluation of the Respondents, the CDOT Purchasing Agent will issue a “Notice of Intent to Make an Award” to the successful Respondent(s). A CDOT Purchasing Agreement and Purchase Order must be completed and properly executed, before any work can begin.

b. ANTICIPATED TERM – The anticipated initial term of the CDOT Purchasing

Agreement or Purchase Order shall be 18 months. Initial term of the CDOT Purchasing Agreement or Purchase Order shall be from date of execution through the initial term of the award. At its sole discretion, the State, upon written notice to the Contractor, may unilaterally extend the term of the CDOT Purchase Order, including, but not limited to prices, rates and service delivery requirements. Contractor agrees to deliver under this solicitation for the full initial term and any renewals. CDOT may elect to renew services annually contingent upon: (1) the results and recommendations generated through this CDOT Purchasing Agreement; (2) the State’s satisfaction and acceptance of the selected Contractor’s services and deliverables upon completion of each anticipated contract year; and (3) availability of funding to continue services.

c. This solicitation and the resulting State issued Purchase Order 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.

d. “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.

e. 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.

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

g. Respondent agrees to deliver under this solicitation for the full initial term and any renewals.

h. Prior to Purchase Order execution, the awarded Respondent must provide the

State with Proof of Good Standing with the Colorado Secretary of State and an insurance certificate documenting coverage according to PO Terms and

Conditions - Attachment B. Respondents do not need to submit these documents unless they are awarded this solicitation.

i. NOTICE TO PROCEED – The contractor is not authorized to begin performance without receipt of a fully executed Purchase Order, issued by the CDOT Purchasing Office and a Notice to Proceed issued by the CDOT Project Manager.

j. This award shall be available for use by CDOT within the state of Colorado.

10. PURCHASE ORDER (PO) TERMS AND CONDITIONS:

“Attachment B” of this solicitation are sample State of Colorado, Department of Transportation Purchase Order Terms and Conditions. Respondents submit proposals understanding all PO Terms and Conditions are mandatory and no negotiations of those terms will be invited. Submittal of a bid is agreement to the entire PO Terms and Conditions without exception, unless CDOT brings forward modifications for negotiation. Under no circumstances shall the Respondent submit its own boilerplate of terms and conditions. For most updated PO Terms and Conditions please go to State of Colorado Purchase Order Terms and Conditions.

11. RESPONSE EVLUATION:

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

b. Award shall be made to the Respondent who is determined to be the lowest responsible and responsive Respondent whose bid meets the requirements and criteria set forth in this solicitation.

c. Award shall be subject to specification verification. Following determination of acceptability of goods or services, bids shall be evaluated to determine which Respondent offers the lowest cost to the State in accordance with the specifications of this solicitation.

d. Discussions with Respondents (Respondents) are permitted only if there has been a mistake in bids in accordance with Procurement Rule R-24-103-201-08.

e. A contract may not be awarded to an Respondent submitting a higher quality item than that designated in this solicitation unless such Respondent is also the lowest Respondent as determined by value analysis or life cycle cost formulas as permitted in section 24-103-202, C.R.S., and Procurement Rule R-24-103-202- 02.

f. Resident Respondent Preference (See §24-103-906 C.R.S., et seq.) Except as otherwise provided, a Colorado resident Respondent shall be allowed a preference against a nonresident Respondent equal to the preference given or required by the state in which the nonresident Respondent is a resident. If it is determined by the State that compliance with this section may cause denial of https://osc.colorado.gov/state-of-colorado-purchase-order-terms-and-conditions federal moneys which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.

g. Low Tie Responses shall be decided in accordance with the provision of CRS 24-

103-902, as it currently exists or is hereafter amended, which give a preference to resident Respondents. Any Supplier 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 he/she meets the definition of Resident Supplier. If two or more responsible, responsive bids are tied as the lowest bids, the State shall follow the procedures as described in §24-103-902, C.R.S., et seq., which provide a preference to resident Respondents.

h. Service Set Asides CRS 24-103-801 thru 806 established a set aside program for certain qualified nonprofit agencies (Disability Set Aside Suppliers) 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.

i. Environmentally Preferable Purchasing (See §24-103-904, C.R.S., et seq.)

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.

j. Service Disabled Veteran Owned Small Business (SDVOSB), In accordance with

Procurement Code CRS 24-103-905; An Respondent claiming status as a service disabled veteran owned small business must identify itself as such in its proposal and provide documentation of its certification from the United States Department of Veteran Affairs with its bid response. SDVOSB Respondents must submit documentation of certification issued through the U.S. Department of veteran’s affairs in their bid. §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.

k. Preference for State Agricultural Products (See §24-103-907 C.R.S., et seq.) In a solicitation for agricultural products, the State shall provide a preference to a resident Respondent as described in §24-103-907 C.R.S., et seq.

l. Recycled Plastic Preference (See §24-103-909 C.R.S., et seq.) A Respondent who has used recycled plastics in the manufacture of the commodity or supplies described in this bid shall be allowed a preference of up to five percent for finished products that contain no less than ten percent recycled plastics. If it is http://www.vip.vetbiz.va.gov/ determined by the State that compliance with this section may cause denial of federal moneys which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.

12. NON-RESPONSIVE:

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

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

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

d. By submitting a bid, Respondent agrees that CDOT reserves the right to accept or reject any alternate bids if allowed for in the solicitation.

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

f. Exceptions taken by any Respondent may cause a bid to be considered non-responsive. Exceptions will be allowed only if the basic requirements of the specification are essentially unaltered. The State will be sole judge of what constitutes an allowable exception.

13. FAILURE TO RENDER SERVICE/CANCELLATION:

In the event the awarded Supplier fails to deliver goods or render service as stated, the State of Colorado reserves the right to cancel this DQ 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 re-bid the items, or to implement other solutions to assure a continued delivery of goods and/or services.

14. DOING BUSINESS IN COLORADO:

Prior to Contract or Purchase Order execution, the awarded Respondent must provide the State with proof of Good Standing with the Colorado Secretary of State.

Respondents must register with the Colorado Secretary of State in accordance with CRS 7-90-801. This is the link for the Colorado Secretary of State’s website at http://www.sos.state.co.us . (Recommend going to the “Business Center” section, then opening the “Business Home” page, under the “General Information” section, review the FAQs.)

15. INSURANCE:

Prior to the State Contract or Purchase Order execution, the awarded Respondent will be required to submit a certificate(s) of insurance evidencing insurance coverage for the types and amounts of insurance as required by the Insurance provision in the Contract or Purchase Order Terms and Conditions, included in this solicitation.

16. FAILURE TO RENDURE SERVICE/CANCELLATION: In the event the awarded Respondent fails to deliver goods 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 re-bid the items, or to implement other solutions to assure a continued delivery of goods and/or services.

17. REMEDIES: Per Title 24 Article 109 CRS. Any actual or prospective Respondent or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the CDOT Procurement Official. The protest shall be submitted in writing within three (3) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Protests received after the three-working-day period shall not be considered. The written protest shall include, as a minimum, the following:

a. The name and address of the protestor;

b. Appropriate identification of the procurement by bid or award number;

c. A statement of the reasons for the protest; and

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

18. SPECIFICATIONS: See “Attachment A” for complete Specifications.

The Colorado Department of Transportation (CDOT) is soliciting this Documented Quote to manufacture motor coaches (also known as over-the-road buses). The motor coaches must be powered by clean diesel engines burning only ultra-low sulfur diesel conforming with all EPA 2021 heavy diesel engines (EPA-HQ-OAR- 2019-0307) to operate on CDOT’s Bustang interregional transit routes. The motor coaches will operate on routes extending long distances within the State of Colorado, including in winter weather conditions and at high elevations in excess of 10,000 feet. Therefore, safety and comfort are high priorities.

CDOT would like a contractor to manufacture motorcoaches to illustrate the reliability, comfort and presence that CDOT’s Bustang service provides.

19. FIRM PRICING:

a. Pricing must remain firm and valid for the initial term of the award, in cases where a Cooperative Agreement is utilized, a price increase to Respondent rates will only be considered at the time of yearly renewal.

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

c. 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.

d. Pricing must include any fees associated with the delivery of the goods or services, including, but not limited to, shipping and installation. Pricing must be all-inclusive (freight charges included). No extra charges will be allowed.

e. Where applicable, successful contractor 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)

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

g. Contractor is required to supply pricing for all items. CDOT does not guarantee quantities to be purchased.

h. ALL costs must be included on the Pricing Form.

20. ALTERNATES:

No alternates are allowed for this solicitation.

21. SUBCONTRACTING: CDOT may award a single contract or multiple contracts.

Subcontracting will be allowed under the resulting award(s). Awarded

Respondents will be the Prime Contractor and will be fully accountable to CDOT for assuring that its subcontractors comply with all terms of the contract between

CDOT and the Prime Contractor.

22. BEGINNING PERFORMANCE: The Supplier is not authorized to begin performance without receipt of a fully executed Contract or Purchase Order. If performance begins prior to the receipt of said documents, the State of Colorado will not be obligated to pay for services provided.

23. NO QUANTITIES GUARANTEED: Pricing to be in accordance with proposed bid or quote. Purchase Order and or Contract number must be shown on all invoices and delivery slips. Priced invoices in duplicate to be submitted to the billing address.

24. COMPETITIVE NEGOTIATION: CDOT reserves the right to enter into competitive negotiations, in accordance with 24-103-208-02, when deemed in the best interest of or most advantageous to the State.

25. PAYMENT TERMS: CDOT is a tax-exempt organization. CDOT will pay Contractor on an by incident basis, in arrears. Contractor must invoice CDOT for any and all charges, including additional charged services, per incident. Additional services require advanced approval by the Project Manager prior to being accomplished.

CDOT has 45 days to pay an invoice from date of receipt of invoice after services are rendered.

26. EQUAL OPPORTUNITY AND NON-DISCRIMINATION: CDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 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 bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

27. USE OF CDOT BID SUBMISSION FORM:

Respondents may not submit additional quotations, specifications, or documentation that are not specifically requested in this solicitation.

28. ACCESSIBILITY REQUIREMENTS:

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 Section §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.

29. PROTESTED SOLICITATIONS AND AWARDS:

Per Title 24 Article 109 CRS. Reference §24-109-102, C.R.S., as amended, and Procurement Rule R-24-109-102-01, et seq. 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 bid. Any actual or prospective Respondent or contractor who is aggrieved in connection with the solicitation or award of a contract may protest. The protest shall be submitted in writing within ten (10) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto to the CDOT Procurement Official at lisa.hollerbach@state.co.us. Protests received after the ten (10) -working-day period shall not be considered. The written protest shall include, as a minimum, the following:

a. The name and address of the protestor;

b. Appropriate identification of the procurement by bid or award number;

c. A statement of the reasons for the protest; and

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

30. SINGLE QUOTE:

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 mailto:lisa.hollerbach@state.co.us procurement official may enter into competitive negotiations in accordance with Procurement Rule R-24-103-208-02.

31. SOLICITATION CANCELATION/REJECTION OF RESPONDENT BID(S)

a. In accordance with §24-103-301, C.R.S., and the related Procurement Rules, the State may cancel this solicitation, or any and all bids 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 bid(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.

b. A Quote received after the submission deadline may, at the sole discretion of the State, be rejected without further consideration.

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

32. MODIFICATIONS OR WITHDRAWAL OF BIDS

A Respondent may modify or withdraw its bid by written notice to the Procurement Contact prior to the established bid submission deadline. Withdrawal of a Respondent’s bid following the bid submission deadline and prior to award, may be allowed, in the State’s discretion. Withdrawal of a Respondent’s bid after award is not allowed. Reference Procurement Rules R-24-103-201-08 and R-24-103- 201-09.

33. MISTAKES AND MINOR INFORMALITIES IN RESPONDENT BIDS

In certain circumstances, a Respondent may correct a mistake(s) in its bid and/or the State may waive minor informalities. Reference Procurement Rule R-24-103- 201-08.

34. 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.

35. RESPONDENT ACCEPTANCE OF SOLICITATION TERMS/RESPONDENT BID CONTENT

a. A Respondent’s bid submitted in response to this solicitation shall constitute a binding offer. The signature of the Respondent shall indicate acknowledgment of this condition. Signature shall be that of a person legally authorized to execute contractual obligations. The bid, including pricing, shall allow for a minimum of 180 calendar days for acceptance by the State, unless otherwise specified in this solicitation. Reference Procurement Rule R- 24-103-201-11(d).

b. The contents of the bid of the awarded Respondent will become contractual obligations under the awarded Contract or Purchase Order. Failure of the awarded Respondent to accept these obligations may result in cancellation of the award to that Respondent.

36. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By its signature on the cover page, the Respondent certifies that the prices and other terms in the bid have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the bid by any other competing Respondents. 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 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 bid for restricting competition.

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

37. SOLICITATION RESPONSE MATERIAL OWNERSHIP

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

38. COMPLIANCE WITH FEDERAL REQUIREMENTS:

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.

39. EQUAL OPPORTUNITY AND NON-DISCRIMINATION:

CDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 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 bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

40. SUBMISSION OF CONFIDENTIAL/PROPRIETARY INFORMATION:

The State of Colorado is subject to the requirements of §24-72-200.1, C.R.S., et seq., Colorado Open Records Act. All material submitted in response to this IFB will become subject to the Colorado Open Records Act, C.R.S Section 24-72-201

et. Seq.

A Respondent may submit, as a part of its Bid, a written request for classification of certain portions of the Bid as a trade secret or other confidential or proprietary information. Written request for confidentiality shall be electronically submitted directly to the Purchasing Agent listed in this solicitation no less than 48 hours in advance of proposal submission date and deadline. In the subject line of the e-mail to the Purchasing Agent the Respondent shall place “REQUEST FOR CONFIDENTIAL/PROPRIETARY INFORMATION – (BID NUMBER)”. This has no bearing on the proposal submission deadline, which will remain unchanged. Material for which the Respondent is requesting confidentiality must be clearly identifiable and separated from other portions of the Bid, i.e., uploaded in a separate file, to facilitate public inspection of the non-confidential portion of the Bid. 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.

The Respondent must include Respondent’s justification and 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.

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

In no event shall an entire Bid be classified as confidential. NEITHER COST NOR

PRICING INFORMATION NOR A TOTAL BID WILL BE CONSIDERED PROPRIETARY.

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 CDOT accepts the vendor request for confidentiality/proprietary information, the CDOT Procurement Official will make a written determination as to the apparent validity of any request for confidentiality. Bids that are determined to be at variance with this procedure may be declared non-responsive by the CDOT Procurement Official, and not given further consideration. If denied, the Respondent will have the opportunity to withdraw its entire bid. 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.

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

Under no circumstances will CDOT be responsible or liable to the Contractor or any other Person for the disclosure of any such labeled materials, whether the disclosure is required by law, by court order or occurs through inadvertence, mistake or negligence on the part of CDOT.

CDOT neither requests nor encourages the submission of confidential/proprietary information in response to this IFB. All written requests for confidentiality shall be submitted in with Respondent’s proposal response in strict adherence with the following procedures. Questions regarding the application of this procedure must be directed to the Purchasing Agent facilitating this IFB.

The proposal, along with approved confidential/propriety information must be received by the proposal deadline listed in this document.

After award, the proposals shall be open to public inspection subject to any continued prohibition on the disclosure of confidential data, C.R.S. Title 24, Article 72, Part 2 as amended.

41. USE OF CDOT PRICE SUBMISSION FORM:

Respondents must submit their pricing only using the Price Submission Form contained in Section 54 of this document. Failure to submit pricing utilizing the Price Submission Form will result in a bid being considered non-responsive. In addition, Respondents may not submit additional quotations, specifications, or documentation that are not specifically requested in this solicitation.

42. CONTRACTOR PERFORMANCE:

Contractor understands that, if awarded the Solicitation, they will be subject to 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 Respondent performance on state contracts and inclusion of contract performance information in a statewide contract management system.

Respondent Performance will be conducted on an annual basis. Each evaluation area will be rated as follows: Above Standard, Standard, or Below Standard. The areas of evaluation will be:

a. Quality of Work: Respondent consistently achieved desired outcomes with a minimum of avoidable errors and problems. Work met the requirements, expectations, or desired outcomes. The work was accurate and complete.

The work was done in an efficient and effective manner.

b. Timeliness of Work: Work is done at the right time or an appropriate time as agreed to under contract.

c. Price/Budget of Work: The forecasted costs were close or identical to billed costs. Costs were managed effectively. Costs needed to be renegotiated to meet contract requirements. The value received supported costs.

d. Business Relations: Respondent was professional, responsive, and proactive.

Respondent was reliable and managed the project effectively.

43. 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 Respondent anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the Respondent 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.

44. PAYMENT TERMS:

CDOT is a tax-exempt organization. CDOT will pay Contractor on a monthly basis, in arrears. Contractor must invoice CDOT for any and all charges, including additional charged services, each monthly period. CDOT will pay Contractor in full per vehicle following final delivery of each acceptable vehicle. Additional services require advanced approval by the Bus Operations Manager prior to being accomplished. CDOT has 45 days to pay an invoice from date of receipt of invoice after services are rendered.

45. FEDERAL CLAUSES AND CERTIFICATIONS:

Bidders are required to complete Federal Clauses and Certifications when a procurement involves the expenditure of federal assistance or federal contract funds. Federal funds are not anticipated to be used on this procurement.

46. RESPONSIBILITY OF RESPONDENTS AND CONTRACTORS:

A determination of responsibility or non-responsibility shall be governed by C.R.S.

24-103-401.

47. STANDARDS OF RESPONSIBILITY

Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective contractor or Respondent:

a. has or can obtain the appropriate financial, material, equipment, facility, personnel resources and expertise to indicate the capability to meet all contractual requirements;

b. has a satisfactory record of performance;

c. has a satisfactory record of integrity;

d. does not appear on any debarred lists;

e. is qualified legally to contract with the state; and

f. has supplied all necessary information in connection with the inquiry concerning responsibility.

The prospective contractor or Respondent shall supply information requested by the procurement official concerning the responsibility of such contractor. If such contractor or Respondent fails to supply the requested information, the chief procurement officer or procurement official shall base the determination of responsibility upon any available information.

48. ABILITY TO MEET STANDARDS

The prospective contractor or Respondent may demonstrate the availability of necessary financing, equipment, facilities, expertise, and personnel by submitting upon request:

a. Evidence that such contractor possesses such necessary items;

b. Acceptable plans to subcontract for such necessary items; or

c. A documented commitment from, or explicit arrangement with a satisfactory source to provide the necessary items.

49. WRITTEN DETERMINATION OF NON-RESPONSIBILITY REQUIRED

If a prospective contractor or Respondent who otherwise would have been awarded a contract is found to be non-responsible, a written determination of non-responsibility setting forth the basis of the finding shall be prepared by the procurement official. A copy of the determination shall be sent promptly to the non-responsible prospective contractor or Respondent. The determination shall be made part of the procurement record.

50. PARTICIPATION:

The State encourages all Respondents regardless of size or ownership, including businesses owned by women, minorities and veterans’ opportunity to participate in this solicitation.

In accordance with 49 CFR Parts 23 and 26 and 14 CFR Part 152, the Colorado Department of Transportation and the contractors, subcontractors, cities, counties and other local entities with whom it does business will take all necessary and reasonable steps to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and participate in contracts and subcontracts financed with state and federal funds.

51. MODIFICATIONS TO THE STATE PURCHASE ORDER TERMS AND CONDITIONS:

The State Purchase Order terms and conditions are included as Attachment B to this solicitation. For most updated Purchase Order Terms and Conditions please go to State of Colorado Purchase Order Terms and Conditions.

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

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.

52. CONFLICTS OF INTEREST/ETHICS

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.

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.

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)

53. PHASE 1 – TECHNICAL EVALUATION RESPONSE - SUBMISSION REQUIREMENTS:

All content must be provided in this section to be considered responsive to the solicitation and must be provided in the order listed below as 1 PDF document. The file name that is uploaded to BidNet Direct must include:

A. Solicitation and Response Cover Sheet (page 1 of this document): Listing of name, location, telephone number, and email address of the primary contact person for the Contractor on the Solicitation and Response Cover Sheet.

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

B. Contractor Narrative – Bidder to prepare and submit a narrative of no more than 20 pages outlining the bidder’s Contractor Qualifications 1-22 as specified below. This narrative must be formatted in outline form and address each Contractor Qualifications by number. Evaluation for meeting the requirements will be on a pass/fail basis as determined by CDOT.

C. Qualifications:

Qualification 1: Bidder must have at least 10 years’ experience including 7 years of experience directly related to the sale and manufacture of transit vehicles of the type specified in the statement of work and technical specifications.

Qualification 2: Bidder shall provide a point of contact to the CDOT Project Manager.

Qualification 3: Bidder must be able to demonstrate exemplary customer service in the areas of meeting specifications, undertaking or coordinating warranty work, troubleshooting emergent issues, and meeting delivery times.

Qualification 4: Bidder must identify the person at the vendor level who will be CDOT’s (or its designee’s) sole point of contact for warranty issues and resolution.

Qualification 5: Bidder shall identify at least 3 current operators of the vehicle and provide a contact for each operator.

Qualification 6: Unacceptable Exceptions, Conditions, Reservations and Understandings (Pass or Fail): Exceptions, conditions, reservations or understandings that are stated as “approved equivalent” will be evaluated for their acceptability. Each of any “approved equivalent”, exceptions, and/or conditions made in the proposal will be evaluated and the Procuring Agency will determine their acceptability. An unacceptable “approved equivalent”, exception, condition, reservation or understanding, if not withdrawn by the Bidder upon request by the Procuring Agency, would be cause for the Phase 1 Evaluation to be considered as non-responsive and rejected.

Qualification 7: All buses must be durability tested (Pass or Fail). Durability testing at the Altoona Bus Testing facility is not required, but Proposer must provide durability test of a duration of at least 500,000 miles at an alternative testing facility like the Nevada Automotive Test Facility. The durability test results must accompany the proposer’s bid package or the bid package will be considered non-responsive.

Qualification 8: The engine must meet all EPA 2021 compliance for heavy duty diesel emissions.