DQ 25-092 GB Aggregate R2 - 4 Locations.pdf

SOLICITATION AND RESPONSE COVER SHEET

HAA DQ 25-092 GB Aggregate R2 - 4 Locations 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: Ginger Butero

(970) 216-8660 ginger.butero@state.co.us

Due Date: 4/22/2025 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:

E-mail Address:

https://www.bidnetdirect.com/register mailto:support@bidnet.com

DQ 25-092 GB Aggregate R2 - 4 Locations

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 (see Section 5.11): _____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. 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 BUSINESS (SDVOSB) (REF. §24-103-905, C.R.S., et seq.)

5.17. FEDERAL COMPLIANCE

5.18.EQUAL OPPORTUNITY AND NON-DISCRIMINATION

Appendices

● Appendix A - Chip Specifications

● Appendix B - Section 703 Aggregates

● Appendix C - Section 105 Control of Work

● Appendix D - Price Submission Form

● Appendix E - PO Terms and Conditions

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 DQ 25-092 GB Aggregate R2 - 4 Locations.

1.2. BACKGROUND, OVERVIEW AND GOALS

CDOT is soliciting for vendors who can provide aggregate, per the specifications outlined in the attached appendices, delivered to 4 different locations.

1.3. ANTICIPATED TERM

1.3.1. The anticipated term of the Purchase Order (s) resulting from the award of this solicitation is for the term starting the date the purchase order(s) are issued through 6/30/25.

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 (all are estimates and are in

Mountain Time) Date

Solicitation Published via Rocky Mountain

E-Purchasing, BidNet Direct 4/16/25

Vendor Question Deadline *Questions must be submitted online via BidNet 4/21/25 Noon

Answer deadline - CDOT will publish answers as an amendment to the solicitation

4/21/25 4:00 pm

Quote Submission Deadline

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

4/22/25 2:00 pm

Award selection and notification

(Estimated) 4/29/25

1.5. SOLE POINT OF CONTACT

1.5.1. The Procurement Contact for this solicitation is:

Ginger Butero

Purchasing Agent ginger.butero@state.co.us

970-216-8660

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 as required by the Insurance provision in the Contract or Purchase Order Terms and Conditions, included in this solicitation as Appendix E, prior to execution of the Purchase Order.

2.3. SCOPE OF WORK/SPECIFICATIONS

2.3.1. Scope of Work:

● Ap pendix A - Chip Specifications

● Ap pendix B - Section 703 Aggregates

● Ap pendix C - Section 105 Control of Work

● Ap pendix D - Price Submission Form

● Ap pendix E - PO Terms and Conditions

CDOT is requesting prices for aggregate, delivered to the following locations as set forth below:

● Pricing must be all inclusive and must include the product as specified, delivery of goods and all other costs. No other charges will be allowed. CDOT will only pay one all inclusive rate.

● No belly dumps allowed.

● Vendors cannot exceed tons specified or the dollar amount of the purchase order.

● Samples must be approved by the CDOT lab prior to delivery.

● Vendors must coordinate with CDOT staff designated on the purchase order prior to delivery.

CDOT is requesting pricing for both Type I and Type 2, both delivered and pick up pricing. The evaluation team will select one option for each of the 4 locations.

SOLICITATION SUBMISSION REQUIRED ATTACHMENTS - Vendors are required to return all of the following as an attachment to their submittal.

● Sol icitation and Response Cover Sheet (Page 1 and 2 of this document)

● Ap pendix D - Price Submission Form

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

3.1.3.1. Responses to this solicitation MUST be received no later than the stated DQ

Submission deadline date and time

3.1.3.2. Late solicitation responses will not be accepted

3.1.3.3. 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.

3.1.3.4. 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

3.3.1.1. 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/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVI srymLmgiL_8mrI/edit#gid=330811082 https://www.bidnetdirect.com/register mailto:support@bidnet.com https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymLmgiL_8mrI/edit#gid=330811082 https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymLmgiL_8mrI/edit#gid=330811082

3.4. PRICING

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

3.4.2. Pricing must be all inclusive and must include the product as specified, delivery of goods and all other costs. No other charges will be allowed. CDOT will only pay one all inclusive rate per ton.

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

3.4.2.2. 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.

3.4.2.3. 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.

3.4.2.4. 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 Appendix D of this document. Failure to submit pricing utilizing the form in Appendix D 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 Purchase Order will be awarded to the responsible Respondent (s) 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.

4.1.3.1. 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.

4.1.3.2. This solicitation will be awarded to multiple bidders, by low bid per location.

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 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”

4.3. NON-RESPONSIVE

4.3.1. 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.

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 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 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 BidNet 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, at 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. State Purchase Order terms and conditions are included in Appendix E to this solicitation.

5.12.2. Respondents are instructed to review the attached draft Contract 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. If a

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

5.12.4. 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 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:

Lisa Hollerbach lisa.hollerbach@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 Veterans 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.

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