DQ 26-016 DP R4 Fence 36D (Last Chance) cover and solicitation.pdf

Documented Quote

DQ 26-016 DP

R4 Fence 36D (Last Chance)

Offeror to answer and acknowledges by its signature below:

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 DQ – list the Modification # last reviewed:

If claiming SDVOSB (Service Disabled Veteran Owned Small Business) attach proof of certification: ☐ Yes / ☐ No

Version 42225

Vendor Response Signature Page

DQ 26-016 DP R4 Fence 36D (Last Chance)

VENDORS: See the solicitation document below for the response deadline and other response submission information and requirements.

Vendors responding to this solicitation must fill out this page in its entirety, sign and return with vendor’s response. This page must bear a physical or electronic signature, as electronic signature is defined in the "Uniform Electronic Transactions Act", section 24-71.3-102 (8), evincing an intent by the vendor to be bound by its response. Failure to do so may disqualify the vendor response.

The undersigned understands and agrees that misrepresentation made in this response and/or subsequent discussions or information presented to the State may be deemed sufficient cause for the refusal by the State to execute a contract as a result, and that that later discovery of any omission or misrepresentation made in the solicitation response and/or subsequent discussions or information presented to the State may be grounds for the cancellation of an existing contract.

LEGAL COMPANY NAME (OFFEROR)

AUTHORIZED SIGNATURE

By: Name of Person Signing for Contractor

TYPED/PRINTED NAME

TITLE

PHONE NUMBER

CONTACT FOR CLARIFICATIONS

TITLE

PHONE NUMBER

EMAIL ADDRESS

EMAIL ADDRESS

Version 42225

TABLE OF CONTENTS

1. SOLICITATION INFORMATION

A. INTRODUCTION

B. BACKGROUND, OVERVIEW AND GOALS

C. ANTICIPATED TERM

D. SCHEDULE OF ACTIVITIES

E. PROCUREMENT POINT OF CONTACT

F. RESPONDENT INQUIRIES

2. REQUIREMENTS

A. ACCESSIBILITY REQUIREMENTS

B. INSURANCE REQUIREMENTS

3. SCOPE OF WORK/SPECIFICATIONS

4. QUOTE SUBMISSION INFORMATION

A. QUOTE SUBMISSION INSTRUCTIONS

B. TIMELINESS OF QUOTE SUBMISSION

C. PRICING

5. AWARD

A. BASIS FOR AWARD (SEE PROCUREMENT RULE R-24-103-204-01)

B. NEGOTIATIONS

C. SINGLE QUOTE

D. NOTICE OF AWARD

E. DOCUMENTS AFTER AWARD

6. GENERAL ADMINISTRATIVE INFORMATION

A. BIDNET DIRECT

B. MODIFICATIONS AND/OR SUPPLEMENTAL INFORMATION TO THE SOLICITATION

C. SOLICITATION CANCELLATION AND/OR REJECTION OF QUOTES

D. MODIFICATIONS OR WITHDRAWAL OF QUOTES

E. MISTAKE AND MINOR INFORMALITIES IN RESPONDENT QUOTES

F. NEWS RELEASES AND ANNOUNCEMENTS

G. NOT A LEGALLY BINDING OFFER

H. RESPONDENT QUOTE CONTENT

I. QUOTE RESPONSE MATERIAL OWNERSHIP

J. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

K. SUBMISSION OF CONFIDENTIAL OR PROPRIETARY INFORMATION

L. MODIFICATIONS TO THE STATE CONTRACT

M. ETHICS AND CONFLICTS OF INTEREST

N. PROTESTED SOLICITATIONS AND AWARDS

O. PERFORMANCE OUTSIDE OF COLORADO

P. SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB) (REF. §24-103-905, C.R.S., ET SEQ10

Q. VENDOR ASSISTANCE

Attachment A – Scope of Work

Attachment B – PO Terms & Conditions

Attachment C – Price Submission Form

1. SOLICITATION INFORMATION

A. Introduction

On behalf of the State of Colorado, CDOT is issuing this Documented Quote for DQ 26-

016 DP / R4 Fence Hwy 36D (Last Chance).

B. Background, Overview and Goals

Removal and Disposal of existing Right of Way fencing consisting of wooden and metal posts and barb wire in both directions of Hwy 36D.

C. Anticipated Term

i. The anticipated term of the Purchase Order resulting from the award of this solicitation is for work to be completed and invoiced by 5/30/2026.

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

D. Schedule of Activities

i. 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.

a. The date of publication for this solicitation on BidNet Direct is Septemeber 4, 2026.

b. Written inquiries must be submitted to BidNet no later than September 11, 2025, 5PM

c. The estimated date for the State’s responses to vendors’ written inquires to be published on BidNet Direct is September 15, 2025.

d. All quotes must be submitted in the method described below no later than

September 18, 2025, 2PM.

e. The estimated date for award selection and notification is September 25, 2025.

f. The desired Purchase Order start date is September 25, 2025.

E. Procurement Point of Contact

i. The State’s sole point of contact for this solicitation is David Pollitt, Purchasing

Agent IV, who may be reached via email at david.pollitt@state.co.us

F. Respondent Inquiries

i. Respondents may submit written inquires via BidNet concerning this solicitation to obtain clarifications. The State, in its sole discretion, may or may not accept inquires received after the date and time indicated on the Schedule of Activities.

ii. Responses to Respondent inquires will be published on BidNet.com collectively, as an amendment 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.

2. REQUIREMENTS

A. Accessibility Requirements

i. 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.

B. Insurance Requirements

The awarded Respondent will be required to submit a certificate(s) of insurance evidencing insurance coverage as required by the Insurance provision in the Purchase

Order Terms and Conditions, included in this solicitation as Attachment B, prior to execution of the Purchase Order.

3. SCOPE OF WORK/SPECIFICATIONS

i. Attachment A

4. QUOTE SUBMISSION INFORMATION

A. Quote Submission Instructions

i. Respondents shall submit Quotes via BidNet.

http://bidnet.com/

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

B. Timeliness of Quote Submission

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

C. Pricing

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

ii. Pricing must include any fees associated with the delivery of goods or services, including, but not limited to, shipping and installation.

iii. Attachment C

5. AWARD

A. Basis for Award (See Procurement Rule R-24-103-204-01)

i. This solicitation and the resulting 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.

ii. “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.

B. 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 to the

State; however, any requirements identified in this solicitation may not be negotiated.

Reference Procurement Rule R-24-103-204-01(d).

C. 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 procurement official may enter into competitive negotiations in accordance with Procurement Rule R-24-103-208-02.

D. Notice of Award

A notice of the intent to award will be announced on BidNet Direct.

E. Documents After Award

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.

6. GENERAL ADMINISTRATIVE INFORMATION

A. BidNet Direct

i. This solicitation is being published on BidNet Direct, so that Offerors who have an interest may submit a proposal in accordance with the terms of this solicitation.

a. Vendors can self-register for this system free of charge. Vendors are encouraged but not required to register prior to or at the time they submit their response. The State also recommends that interested vendors check

BidNet Direct on a regular basis throughout this solicitation process.

B. Modifications and/or Supplemental Information to the Solicitation

i. Any modifications, amendments 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.

ii. 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.

C. Solicitation Cancellation and/or Rejection of Quotes

i. 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.

http://www.bidnetdirect.com/

ii. 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.

D. 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.

E. Mistake 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.

F. 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.

G. Not a Legally Binding Offer

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).

H. Respondent Quote Content

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.

I. Quote Response Material Ownership

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

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

K. Submission of Confidential or Proprietary Information

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

ii. 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.

iii. 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.

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

v. 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.

vi. 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.

L. Modifications to the State Contract

i. A draft Contract or the State Purchase Order terms and conditions is included in Appendix B to this solicitation.

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

iii. 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.

M. Ethics and Conflicts of Interest

i. 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.

ii. 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.

iii. 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).

N. 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. Protests should be submitted via email to Ryan Yarrow, ryan.yarrow@state.co.us.

O. 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.

P. Service Disabled Veteran Owned Small Businesses (SDVOSB) (ref. §24-103-905, C.R.S., et seq

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

U.S. Small Business Administration 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 United States Small Business Administration.

ii. Verified SDVOSB Offerors shall receive a preference of 5% on their Quote. This preference applies only to the Quote price, and the SDVOSB Respondent must still meet all other requirements of this solicitation.

Q. Vendor Assistance

Any vendors needing support responding to solicitations may contact the Colorado

Supplier Diversity Navigator at the Statewide Equity Office of Supplier Diversity. Services provided include assistance with responding to solicitations, interpretation of solicitation https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_statewide-2Dequity-2Doffice_supplier-2Ddiversity&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=AHk9LQL8xQKwtYW6AlMhIpKhc64M4gHnBm1wvGiKqhU&e= documents, technical assistance referrals, availability of resources, construction bond assistance through the Construction Statewide Bond Assistance Program, and free business directory listings and verifications through the Colorado Supplier Diversity

Directory. The office can be reached during normal business hours by calling 303-866-

5765 or emailing DPA_SupplierDiversityHelp@state.co.us.

https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_supplier-2Ddiversity_construction-2Dand-2Dbond-2Dassistance&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=zAjgTZu5BkDViYCi42ZSaaEFbnZ4EzaMtQulSrBPsw8&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_supplier-2Ddiversity_colorado-2Dsupplier-2Ddiversity-2Ddirectory&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=lJCgtcQ4bpjUYTb-DL2vTiTtjs5tP9GdjxCxohJukG4cRYarpnnyVjmEkozBFRPl&s=nq-3ZxXvzK0CyjE_Sukw4DfkzHfxneqrfzbnzxsO-hw&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_supplier-2Ddiversity_colorado-2Dsupplier-2Ddiversity-2Ddirectory&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=lJCgtcQ4bpjUYTb-DL2vTiTtjs5tP9GdjxCxohJukG4cRYarpnnyVjmEkozBFRPl&s=nq-3ZxXvzK0CyjE_Sukw4DfkzHfxneqrfzbnzxsO-hw&e= mailto:DPA_SupplierDiversityHelp@state.co.us

SERVICE DISCLOSURE FORM

Vendor Disclosure Statement

In compliance with 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?

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?

Is your company a sole Proprietor?