DQ - Admin Info.pdf

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Solicitation #: BBAA 2017000604 Title: Thermal Paper with State of Colorado Seal Watermark

Administrative Information

A. ISSUING OFFICE: This solicitation is issued for the Colorado Department of Agriculture (CDA) by the Purchasing Section. CDA Purchasing is the SOLE point of contact concerning this solicitation. All communication must be done through the CDA Purchasing Department.

Contact with any other CDA employee regarding this procurement may result in disqualification of vendor Bid.

B. PURPOSE: The Colorado Department of Agriculture (CDA) intends to purchase thermal paper with the State of Colorado Seal as a Watermark.

Solicitation Schedule of Activities

Solicitation Activity Time Date

1. Solicitation Published on ColoradoVSS System www.colorado.gov/vss Wednesday, November 23, 2016

2.

Prospective Bidder’s Written Inquiry deadline.

Submit all inquiries by e-mail to: Daniel Huse at daniel.huse@state.co.us

2:00 p.m.

MST

Wednesday, November 30, 2016

3. Answers to written inquiries published on ColoradoVSS www.colorado.gov/vss Est. Friday, December 2, 2016

4. Bid submission deadline 2:00 p.m.

MST

Friday, December 9, 2016

5. Evaluation Period & Award Est. Week of December 12, 2016

C. INVITATION TO SUBMIT BIDS: All State solicitation notices are posted on the VSS system.

Bidders who have an interest may submit a Bid in accordance with the terms of this solicitation.

For its Bid to be considered, Bidder must be registered with the State of Colorado’s VSS web site www.colorado.gov/vss) by the Bid submission due date and time.

D. SCOPE: This solicitation contains instructions governing the Bid to be submitted and the material to be included therein, mandatory requirements which must be met to be eligible for consideration; and other requirements to be met by each Bid.

E. INQUIRIES: Bidders may make written inquiries via e-mail to obtain clarification of requirements concerning this solicitation. No inquiries will be accepted after the date and time indicated in the Schedule of Activities included herein. Send all inquiries to:

http://www.colorado.gov/vss mailto:daniel.huse@state.co.us

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Daniel Huse Purchasing Director daniel.huse@state.co.us

Clearly identify your inquiries with:

1) DQ #: FAAA 2017000604

2) TITLE: Thermal Paper with State of Colorado Seal Watermark

3) The section number and paragraph number the inquiry applies to.

Response to Bidder's inquiries will be published as a modification on the VSS system. Bidders should not rely on any other statements that alter any specification or other term or condition of the solicitation.

F. PRE-PROPOSAL CONFERENCE:

N/A

G. MODIFICATION OR WITHDRAWAL OF BIDS: Bids may be modified or withdrawn by the Bidder prior to the established due date and time.

H. BID SUBMISSION: Bids must be received on or before the date and time indicated in the Schedule of Activities. Late Bids will not be accepted. It is the responsibility of the Bidder to ensure that its Bid is received by CDA Purchasing at the location listed below on or before the due date and time. Bidders mailing their Bids must allow sufficient mail delivery time to ensure receipt of their Bids by the time specified. The Bid package shall be delivered or sent by mail to:

Colorado Department of Agriculture Administrative Services - Purchasing 305 Interlocken Parkway Broomfield, CO. 80021 Attention: Daniel Huse, Purchasing Director

One copy of the Vendor Information Form / Confirmation of Offer (Attachment A) MUST be signed by a person who is legally authorized to bind the Bidder to the Bid. The signed State of Colorado Vendor Information Form / Confirmation of Offer is to be included with the Bid.

SAMPLE

Bidders must submit a sample for evaluation of product quality. The sample must meet the following specifications:

1. Equivalent paper to be used for actual product.

2. Sample is to be a single set, 3 sheets of paper.

3. Any black and white watermark that is NOT the Bidder’s logo

Samples will be blindly evaluated by an independent committee for quality purposes.

Samples will not be returned.

Bids deemed to be at a variance with this requirement may not be accepted.

Each Bid package shall consist of:

• Vendor Information Form / Confirmation of Offer (Attachment 1) mailto:daniel.huse@state.co.us

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• One (1) original Bid Form (Attachment 2)

• Paper sample

Bidders do NOT need to return the Scope of Work with their Bid.

Bids must be submitted and sealed in an appropriate envelope, package or box. The outer envelope or the package must include the following information:

BIDDER’S NAME

SOLICITATION NUMBER AND TITLE

BID DUE DATE & TIME

All materials submitted shall become the property of CDA, and will not be returned unless the solicitation is cancelled prior to the submittal due date, in which case Bids will be returned unopened or opened only for identification purposes.

I. ADDENDUM OR SUPPLEMENT TO SOLICITATION: In the event that it becomes necessary to revise any part of this solicitation, a modification will be posted on the VSS system. It shall be the responsibility of the Bidders to regularly monitor the VSS web site for any such postings. Failure to retrieve such modifications, and include their provisions in your Bid, may result in your proposal being disqualified.

J. ORAL PRESENTATIONS / SITE VISITS:

N/A

K. ACCEPTANCE OF SOLICITATION TERMS: A Bid submitted in response to this solicitation shall constitute a binding offer. The autographic signature of the Bidder or an officer of the Bidder legally authorized to execute contractual obligations shall indicate acknowledgment of this condition. A submission in response to this solicitation acknowledges acceptance by the Bidder of all terms and conditions, including compensation, as set forth herein. A Bidder shall identify clearly and thoroughly any variations between its proposal and the State's solicitation. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the solicitation. The Colorado Department of Public Health and Environment (CDA) is not required to accept nor agree to alternate or additional terms and conditions.

L. EVALUATION AND AWARD: Award of this solicitation will be made to the bidder whose response is judged by, and at the sole discretion of, the Colorado Department of Agriculture (CDA) to be most advantageous to the State. The factors considered in evaluating and awarding this solicitation will include cost, and may also include, but not limited to the Department’s evaluation of the following:

1. Projected delivery date and/or availability;

2. Respective quality of submitted sample;

3. Origin of materials;

4. And any other pertinent factors.

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M. PROTESTED SOLICITATIONS AND AWARDS: Any actual or prospective Bidder or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the State Purchasing Director or the head of a purchasing agency, as appropriate. The protest shall be submitted in writing within seven (7) working days after when such aggrieved person knows, or should have known, of the facts giving rise thereto. (Ref. Section 24-109, 101 et.

seq., C.R.S., as amended; Section 24-109, 201 et. seq., C.R.S. as amended; Section R-24- 109-101 through R-24-109-206, Colorado Procurement Rules.)

N. CONFIDENTIAL / PROPRIETARY INFORMATION: Any restrictions of the use or inspection of material contained within the Bid shall be clearly stated in the proposal itself. Requests for confidentiality shall be submitted by the Offeror in writing with the proposal. The Offeror must state specifically what elements of the proposal are to be considered confidential / proprietary. Confidential / proprietary information must be readily identified, marked and separated from the rest of the proposal. Co-mingling of confidential/ proprietary and other information is NOT acceptable. Neither a Bid in its entirety, nor Bid price information will be considered confidential and proprietary. Any information that will be included in any contract resulting from the solicitation cannot be considered confidential. .

The Purchasing Unit shall determine the validity of any written request for confidentiality.

If the parties do not agree as to the disclosure of data, the Purchasing Director shall inform the Bidder in writing what portions will be disclosed. The written decision of the Purchasing Director will be sent to the Offeror. Refer to Ref. Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records.

O. SOLICITATION RESPONSE MATERIAL OWNERSHIP. The State of Colorado has the right to retain the original Bid and other solicitation response materials for our files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. Bid materials may be reviewed by any person after the “Notice of Intent to Make an Award” has been issued, subject to the terms of Section 24-72-201 et seq., C.R.S., as amended, Public (open) Records. The State of Colorado has the right to use any or all information/material presented in reply to the solicitation, subject to limitations outlined in the Proprietary/Confidential Information clause. Bidder expressly agrees that the State may use the materials for all lawful State purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Public Records Act.

P. BID PRICES: Estimated Bid prices are not acceptable. Bid prices should be best and final offer, unless otherwise stated in the solicitation. The Bid price will be considered in determining the apparent successful Bidder. Bids shall be firm for a period of not less than one-hundred-twenty (120) calendar days.

Q. AWARD OF CONTRACT: The award will be made to that Bidder whose Bid, conforming to the solicitation, has been determined to be most responsive and responsible to the State of Colorado, price and other factors considered. A contract must be completed and signed by

5 | all parties. In the event the parties are unable to enter into a contract, the State may elect to rescind the "Notice of Intent to Make an Award" communication and make the award to the next most responsive and responsible Bidder.

R. ACCEPTANCE OF BID CONTENT: The contents of the Bid (including persons specified to implement the project) of the successful Bidder will become contractual obligations if acquisition action ensues. Failure of the successful Bidder to accept these obligations in a contract, purchase document, delivery order or similar acquisition instrument may result in cancellation of the award and such Bidder may be removed from future solicitations.

S. STANDARD CONTRACT: The State of Colorado will incorporate standard State contract provisions (Special Provisions) into any contract resulting from this solicitation.

T. SOLICITATION CANCELLATION: The State reserves the right to cancel this solicitation at any time, without penalty.

U. STATE OWNERSHIP OF CONTRACT PRODUCTS / SERVICES: All products / services produced in response to the contract resulting from this solicitation will be the sole property of the State of Colorado, unless otherwise noted in the solicitation.

V. INCURRING COSTS: The State of Colorado is not liable for any cost incurred by Bidders prior to issuance of a legally executed contract or procurement document. No property interest of any nature shall occur until a contract is awarded and signed by all concerned parties.

W. NON-DISCRIMINATION: The Bidder shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, disability, sexual orientation, national origin, age or sex.

X. REJECTION OF BIDS: The State of Colorado reserves the right to reject any or all Bids received in response to this solicitation, to waive informalities and minor irregularities in proposals received, and to accept any portion of a Bid or all items proposed if deemed in the best interest of the State of Colorado.

Y. PARENT COMPANY: If an Offeror is owned or controlled by a parent company, the name, main office address, and parent company’s tax identification number must be provided

Z. NEWS RELEASES: No news releases pertaining to this solicitation shall be made prior to execution of the contract without prior written approval of CDA.

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AA. CONTRACT CANCELLATION: CDA reserves the right to cancel, for cause, convenience, or lack of fiscal funding, any contract resulting from this solicitation by providing timely notice to the contractor.

BB. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

1. By submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that in connection with this procurement:

(a) The prices in this Bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor;

(b) Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; and

(c) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not submit a Bid for the purpose of restricting competition.

2. Each person signing the Vendor Information / Confirmation of Offer form of this Bid certifies that:

(a) He is the person in the Bidder's organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above; or

(b) He is not the person in the Bidder's organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision, in certifying that such persons have not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above.

3. A Bid will not be considered for award where (1)(a), (1)(c), or (2) above have been deleted or modified. Where (1)(b) above has been deleted or modified, the Bid will not be considered for award unless the Bidder furnishes with the Bid a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency (CDA) determines that such disclosure was not made for the purpose of restricting competition.

CC. CONFLICT OF INTEREST: By submission of a bid, the Bidder agrees that at the time of contracting the Bidder has no interest, direct or indirect, that would conflict in any manner or degree with the performance of the required services. The Bidder shall guarantee that

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DD. TAXES: CDA, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the

Internal Revenue Code (Registration No. 84-730123K) and from all state and local government use taxes (Ref. Colorado Revised Statutes Chapter 39-26.114(a)). CDA’s Colorado State and Local Sales Tax Exemption Number is 98-02565. Offeror is hereby notified that when materials are purchased in certain political sub-divisions (for example in the City of Denver) the Bidder may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

EE. ASSIGNMENT AND DELEGATION: Except for assignment of antitrust claims, neither party to any resulting contract may assign or delegate any portion of the contract without the prior written consent of the other party.

FF. AVAILABILITY OF FUNDS: Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the State of Colorado.