DQ DOR160011-ADS (10) - docx.pdf
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- Solicitation number
- DQ1 TFAA 2016000681 2
- Issued by
- Colorado
About this file
This is a Documented Quote (DQ) issued by the Colorado Department of Revenue, Lottery Division, for the procurement of Automated Drawing Systems (ADS). The Colorado Lottery seeks to replace three (3) Automated Drawing Systems that have reached end-of-life, which are currently used to randomly generate winning numbers for in-state jackpot games, second-chance drawings, promotional drawings, and raffle drawings conducted daily at the lottery headquarters in Pueblo, Colorado. The systems must operate as stand-alone, tamper-proof computers equipped with dual-key or password security access and capable of meeting Federal Information Processing Standards 140-1 and 140-2 for randomness testing. The solicitation was issued on November 18, 2015, with quotes due by November 30, 2015, at 5:00 a.m. MST, and a deadline for bidder inquiries on November 23, 2015. The resulting award will be for one year with options to renew for four additional one-year periods at the State's sole discretion. Delivery is required within four months of the purchase order issuance, with the contractor required to be on-site for a minimum of three days for system setup, training, and initial drawings.
Pricing must be all-inclusive of hardware, software, administrative support, supplies, training, insurance, and all other costs necessary for performance; licensing fees must be a single, one-time payment with no perpetual fees, and maintenance contracts for hardware and software are required. The solicitation includes a Service-Disabled Veteran Owned Small Business (SDVOSB) goal of at least three percent of contract value. All source code must be placed in escrow with a third-party agent and certified by an independent third party for randomness prior to delivery. The vendor must comply with Colorado Office of Information Technology standards, provide 24/7/365 technical support at a fixed annual rate, and ensure all personnel working on the systems undergo initial and annual background investigations at vendor expense (estimated $150–$200 per individual). The solicitation requires vendors to maintain professional liability insurance, comply with state information security standards and confidentiality requirements, and establish a conflict-of-interest disclosure; award will be based on price as the primary consideration, along with vendor experience, qualifications, and past performance.
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Text version
Issue Date: 11/18/15
Quote Due Date/Time: November 30, 2015, at 5:00: AM, MST*
Direct Inquiries To: Tina Fay
Email: tina.fay@state.co.us
Deadline for bidder inquiries: November 23 2015
Quote Submission: Colorado Department of Revenue
Lottery Division
Attn: Tina Fay
**Email: tina.fay@state.co.us
Address 225 N. Main Street, Pueblo, CO. 81003
Bidders: Check the Vendor Self Service System (VSS) at: https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService for any updates or modifications. In the event that it becomes necessary to revise any part of this Documented Quote, a modification notice will be posted on VSS. It is very important that bidders check VSS on a regular basis, as this is the sole method for communicating any changes. Modifications published on the VSS system take precedence over information in this Documented Quote.
Because of the limited competition expected from VSS vendors on this solicitation, the procuring agency intends to use both VSS and additional methods of vendor notification and may make the specifications available to non-registered vendors through additional means. However, quotes, bids, or offers submitted by non-registered VSS vendors will not be opened or considered (except as necessary to determine registration status) unless, after examination of quotes, bids, or offers submitted by VSS registered vendors, it is determined that there is not adequate competition among VSS registered vendors. If adequate competition (as defined in Colorado Procurement Rule R-24-103-101-01) exists among registered vendors, quotes, bids, or offers from non-registered vendors will not be considered. A vendor is considered registered if its registration is received in VSS prior to the solicitation opening date and time.
*While a minimum of 3 business days will be allowed for bidders to respond, the Department of Revenue
(“Department” and/or “State”) may then, in its discretion, award upon a determination of adequate competition (minimum of 3 viable responses).
Purchasing and Contract Services Division
Documented Quote # DOR160011-ADS
(Automated Drawing System) https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService
**Email responses are preferred. (NOTE: revise if you want responses via fax or hard copy)
Documented Quote Number must appear in subject line of email. Note that the Documented Quote
Confirmation of Offer Page must be signed and scanned with your bid response.
There will be no scheduled public bid opening. Late responses and/or responses received following a determination of adequate competition may not be accepted by the Department. After bids have been evaluated a notice of the award will be posted on the VSS system.
A. Overview / Introduction
The State of Colorado, Department of Revenue (“Department” and/or “State”) is seeking bids for the purchase of Automated Drawing Systems (ADS).
B. Administrative Information
1. Term of Award
The resulting award will be for a period of 1 year with the option to renew for four (4) additional one-year periods at the sole discretion of the State.
The State is not responsible for any goods delivered or services performed by the vendor without a State issued purchase order. The State reserves the right to add additional goods/services that would be a natural extension of this procurement.
2. Pricing
Unless otherwise specified, pricing/costs must be inclusive of administrative support, supplies, offices supplies, pagers, cell phones, parking fees, meals, lodging, rents, mileage, travel expenses, training, after hours or weekend time, insurance, use of subcontractors, overhead, profit, and costs for all other items consumed, utilized, and/or required by vendor’s staff or subcontractor’s staff.
Total costs proposed will be used in the evaluation of the vendor’s response. All hardware and software deemed necessary by the Vendor shall also be included in the proposed costs. Items or costs not identified in the vendor’s pricing proposal will be the sole responsibility of the vendor.
3. Evaluation and Award
The State may determine whether or not a response meets the State’s needs and pricing is fair and reasonable. The State may negotiate with bidder(s) to make response(s) acceptable. The State reserves the right to negotiate with any bidder to clarify its quote or to effect modifications that will: make the quote acceptable or make the quote more advantageous to the State. The State shall not disclose competing vendor quote information.
Award will be to the bidder whose response is most advantageous to the State, price/cost being the primary consideration. Other considerations may include, but may not be limited to:
experience/qualifications of vendors, past performance and delivery. The determination of whether the bid is acceptable and meets the minimum requirements of the Documented Quote is solely within the discretion of the Department. No formal evaluation system or methodology is required for any documented quote process.
The Department, in its sole discretion, reserves the right to request an interview/demonstration with any or all bidders prior to making an award.
The State will issue a purchase order to the awarded vendor after award. A new purchase order or contract may be issued by the State for renewal periods.
C. Description of Goods / Services
Overview
The Colorado Lottery’s current Automated Drawing Systems that are used for randomly generating winning numbers for In-State Jackpot Game Drawings, Second-Chance, Promotional, and Raffle Drawings are reaching their end-of-life cycle and the Colorado
Lottery will be replacing them during this fiscal year.
Drawings for Colorado-based games are conducted at Colorado Lottery headquarters in downtown Pueblo. The drawing room is secured by alarms and motion detectors, and activity inside is under video surveillance. Each drawing is conducted using one of two secure Automated Drawing Systems. These systems are completely separate from the system that generates tickets, so the number of winners or where the winning tickets were sold is not known until after the drawing has occurred.
To maximize security, access to the Colorado Lottery’s drawing room, the Automated
Drawing System itself and the drawing log-on screen are each reliant upon a dual key or password system from both a Colorado Lottery drawing official and an external auditor.
Encased in locked cabinets, each Automated Drawing System is essentially a tamper-proof, stand-alone computer equipped only to perform random number generation. The devices pass independent verification and certification by a 3 rd party for producing random results. Prior to each drawing, the system to be utilized is randomly selected.
After all drawings are conducted, the official winning numbers generated by the system are sent to news media outlets throughout the state. The Colorado Lottery also posts the winning numbers on its website following the drawings each night after winning data is verified. Colorado-based drawings are held every day beginning at approximately 7:30 p.m., Mountain Standard Time, with the exception of Christmas Day, after all ticket sales for the drawings have been verified.
A redundant production system and test system is required to maintain security and high availability. Therefore, a total of three (3) Automated Drawing Systems are required.
The Drawing Systems shall operate in a stand-alone hardware and software mode.
Automated Drawing System’s Minimum Requirements
1. Drawings
a. Ability to run draw tests prior to draw using a variable number determined by the lottery.
b. Ability to create drawing games sets with date and time parameters.
c. Ability to have draw results displayed on screen.
d. Ability to have draw results written to a log file.
e. Ability to verify all drawings.
f. Ability to print screens.
g. Ability to view customized help screens.
h. Ability to export data and log files.
i. Ability to disseminate drawing results to all forms of media and public.
j. Ability to acquire animations and graphics for display.
2. Games
a. Lotto-6 numbers selections out of a range of 1 thru 42 without any repeats in the selection of winning numbers.
b. Cash5-5 numbers selections out of a range of 1 thru 32 without any repeats in the selection of winning numbers.
c. Pick 3-0 to 9 numbers with repeats in the selection of winning numbers.
d. Second-Chance, Promotional, and Raffle-Selection from 1 up to 4,800
(minimum) from a range of 1 thru 9,999,999; multiple prize tiers; and, multiple winning numbers.
e. Ability to add new games and make modifications to existing games.
3. Automated Drawing System
a. Encryption algorithms.
b. Multiple True Random Number or Hardware generation.
c. All randomness tests must adhere to the Federal Information Processing
Standard 140-1 and 140-2.
4. Security
a. Ability to audit drawings.
b. Keystroke monitoring and logging.
c. Intrusion detection of system.
d. Ability to detect fraud.
e. Individual Account logins and passwords for Auditors, Draw Operators, Draw Manager, and Investigators.
f. Password definitions and requirements must adhere to Colorado Office of Information Technology standards.
Automated Drawing System Hardware and Software
1. All computer systems and peripherals must be identical and have an
Uninterruptible Power Supply (UPS).
2. The source code must be tested and certified by a 3 rd party for randomness of number generation prior to delivery to Lottery’s identified facilities. The Lottery will select the 3 rd party to provide certification. Lottery will provide 3 rd party information to awarded vendor.
3. All source code is required to be put in escrow.
4. Licensing fees must be a single, one-time fee with no perpetual license fees.
5. Maintenance contracts must be provided for hardware, software, and preventative maintenance.
Technical Support and Services
1. The Contractor shall provide Technical Support Services for Automated Drawing
Systems (software and hardware) to the Lottery at a fixed annual rate. In the event of a partial month, the fixed rate will be prorated. Contractor will submit an annual invoice. Automated Drawing Systems’ support includes:
a. 24/7/365 on-call support.
b. Troubleshooting of all Automated Drawing System issues.
c. Bug fixes when applicable.
d. On-site support; no remote logins.
e. Applicable maintenance releases.
f. Detailed documentation of any and all work performed.
g. Operational training as required.
2. All necessary system access approvals shall go through Investigations &
Security, including provision of detailed documentation for accessing systems.
Quantities
1. A total of three (3) Drawing Systems are required. The Drawing Systems shall operate in a stand-alone hardware and software mode.
Vendor Requirements
1. All persons employed by Contractor, specifically those authorized to work on the
Automated Drawing Systems are subject to initial and annual background investigations.
2. Any prospective vendor shall disclose where services will be performed under this contract or purchase order, including any subcontracts and whether any services under this purchase order, contract or subcontracts will be performed outside the United States.
3. Contractor must retain sufficient professional liability insurance to cover items such as security breaches, errors and omissions, etc.
4. The Vendor will provide appropriate assistance to the Colorado Lottery’s
Security/Investigations Section as it related to the conducting of Background
Investigations concerning the Vendor’s employees assigned to work on this
Purchase Order. This assistance will include completing and/or providing in a timely manner, copies of the following documentation:
a. Identity documents (driver’s license, birth certificate, passport, etc.) (I-9
Application and Results can supplement birth certificate/passport);
b. DOR-4038 (Statement of Understanding and Addendum);
c. DOR-4265 (Reference Check Release and Liability Waiver);
d. DOR-4830 (Consent for Release of Tax Account Information-Colorado
Residents only);
e. Lottery Investigations Release form;
f. Military History Release form;
g. Lottery Personal Disclosure form; and
h. Statement of Understanding
The above documentation should be provided in a hard copy format.
5. The Vendor will provide the Colorado Lottery Security/Investigation Section documentation developed during the course of any background investigation conducted by the Vendor on the Vendor’s employees assigned to this Purchase
Order, to include but not limited to:
a. Fingerprints and FBI verification of identity documentation;
b. CCIC/NCIC query results;
c. A copy of the employee’s application for employment;
d. Results of Accurint/Lexis Nexis or other database inquiries;
e. A copy of the employee’s I-9 Application and any response documentation received from the Department of Homeland Security;
f. A copy of the results obtained from any Courts Record Checks conducted;
g. A copy of the results obtained from a review of any Bankruptcy records/disclosures obtained or conducted;
h. Copies of any documentation obtained relative to the Vendor employee’s former employment checks;
i. Copies of documentation developed during any conducted reference checks;
j. Copies of documentation developed during any conducted residence/neighborhood checks/investigation;
k. Copies of any Credit History checks conducted; and
l. The results of any drug screen or polygraph testing contesting conducted by the Vendor.
The above documentation should be in an electronic format.
6. The vendor will pay for hard costs the Colorado Lottery incurs, such as fingerprint submissions, credit checks (if searches are applicable), and computer database. The current cost of each item will be documented and submitted to the successful bidder/vendor. The vendor will also pay a flat, hourly rate
(determined by the Colorado Lottery Director) for the investigator’s time during the background investigation. The hourly rate will be computed based on the hourly pay rate of a beginning Criminal Investigator I position. The price per individual background check will be $150-200.
7. The Vendor will make system changes as required due to technology, legislation or business processes.
8. The Vendor will develop a project plan that includes animations, graphics, Automated Drawing System certification, training, delivery and setup with
Colorado Lottery and any third party vendors.
Delivery/Schedule of Activities
1. Automated Drawing Systems will be delivered after the verification and certification of Automated Drawing Systems by a 3 rd party is received (within four months, or sooner upon issuance of a state purchase order unless otherwise specified in this Documented Quote).
2. Contractor will be onsite for a minimum of three days for system setup, training, and the initial drawing of all instate jackpot games and a second-chance drawing if one is available.
3. Contractor will work with Lottery to establish a schedule of activities for development, customization, certification and delivery of systems. Delivery and setup will be at:
Colorado Lottery HQ
225 N. Main Street
Pueblo, CO 81003
D. Additional Terms and Conditions The bidder is voluntarily submitting this offer and acknowledges that it is consistent and in compliance with the State’s included specifications, Purchase Order Terms and Conditions attached to this Documented Quote, except as replaced, modified, or supplemented by the
Department in this Documented Quote.
At a minimum, work delivered/performed must meet industry standards and best practices in all areas including documentation, performance, auditing, and security as related to area of responsibility. All work delivered/performed must meet State and Department standards.
The State may, in its sole discretion, require background checks of any or all of the Vendor’s employees or subcontractors who may have access to the State’s information and/or other confidential items. Background checks may include criminal reviews, as well as financial and credit reviews. These reviews may occur at any time during the term of the purchase order, including any extensions.
STATE INFORMATION SECURITY
Vendor shall adhere to the State’s Information Security Standards and Policies, available at:
http://www.colorado.gov/cs/Satellite/OIT-Cyber/CBON/1249667675596.
EQUIPMENT
All equipment provided by the Vendor shall be new and shall comply with established State standards.
ON-SITE IDENTIFICATION
Vendor will be required to follow the State’s procedures to acquire a temporary visitor, or other building badge. This badge is to be worn while on State property to indicate the wearer is authorized to be in restricted areas of State buildings.
LICENSES/PERMITS
Vendor certifies that, at the time of issuance of the purchase order or contract, it and its employees have in effect all necessary licenses, certifications, approvals, insurance, permits, etc, required to properly and legally perform the services covered by the purchase order or contract.
Vendor warrants that it will maintain all necessary licenses, certifications, approvals, insurance, permits, etc. required to properly and legally perform this work, without reimbursement by the
State or other adjustment in contract price. Additionally, all employees of vendor performing services under the purchase order or contract shall hold the required licenses or certification, if any, to perform their responsibilities. Vendor further certifies that, if it is a foreign corporation or other entity, it currently has obtained and shall maintain any applicable certificate of authority to do business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewable of necessary licenses, certifications, approvals, insurance, permits, etc. required for Vendor to properly perform the work, shall be grounds for termination of the purchase order or contract by the State for default.
REPRESENTATIONS, WARRANTIES, AND PERFORMANCE STANDARDS
The Vendor shall perform the services described in this Documented Quote in accordance with the highest standard of care, skill and diligence provided by a professional person or company in performance of work similar to the service. The Vendor warrants that (a) services provided under this award shall meet the descriptions in this Documented Quote, (b) there are no pending or threatened suits, claims, or actions of any type with respect to the services provided and (c) the services shall be free and clear of any liens, encumbrances, or claims arising by or through the
Vendor or any party related to the Vendor.
CONFIDENTIALITY OF STATE RECORDS AND INFORMATION
The Vendor shall provide and maintain a secure environment that ensures confidentiality of all
State records and information wherever located. No State information of any kind shall be distributed or sold to any third party or used by the Vendor or its agents in any way, except as authorized by the purchase order or contract and as approved by the State. State information shall not be retained in any files or otherwise by the Vendor or its agents, except as set forth in the purchase order or contract and approved by the State. Disclosure of State records or information may be cause for legal action against the Vendor or its agents. Defense of any such action shall be the sole responsibility of the Vendor.
The Vendor acknowledges that it may come into contact with confidential information in connection with the resulting purchase order or contract or in connection with the performance of its obligations under this award, including but not limited to personal or State, information of individuals or incidents of a sensitive nature. It shall be the responsibility of the Vendor to keep all State records and information confidential at all times and to comply with all Colorado State http://www.colorado.gov/cs/Satellite/OIT-Cyber/CBON/1249667675596 and Federal laws, rules and regulations concerning the confidentiality of information. Any request or demand for information in the possession of the Vendor made by a third party who is not an authorized party to the purchase order or contract shall be immediately forwarded to the
State.
The Vendor shall notify all of its agents, employees, subcontractors and assigns who will come into contact with State information that they are subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of the requirements before they are permitted to access information or data.
Unless otherwise expressly pre-approved in writing by the State, all employees, officers, staff, temporary employees and/or subcontractor(s) of the Vendor involved in the performance of any aspect of this work shall execute and be bound by a Statement of Confidentiality, in the form of
Attachment C. The signed Statements of Confidentiality shall be provided by the Vendor to the
State upon the State’s request.
CONFLICT OF INTEREST/GIFTS GRATUITIES
During the term of this award, the Vendor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the Vendor’s obligations under this award, which would include purchasing any Lotto, Cash5, Raffle or other Colorado Lottery games that would have numbers chosen from the Automated
Drawing Systems.
Additionally, the Vendor acknowledges that in governmental contracting, even the appearance of a conflict of interest is harmful to the interests of the State. Therefore, the Vendor shall refrain from any practices, activities or relationships that could reasonably be considered to be in conflict with the full performance of Vendor’s obligations to the State in accordance with the terms and conditions of this award, without the prior written approval of the State.
In the event that the Vendor is uncertain whether the appearance of a conflict of interest may reasonably exist, the Vendor shall submit to the State a full disclosure statement setting forth the relevant details for the State’s consideration and direction. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict shall be grounds for termination of the award.
The Vendor shall not, by itself or through any officer, director, employee, agent, partner, subcontractor or other representative, offer, give, grant, or otherwise deliver any gift, gratuity, or anything of monetary or non-monetary value to any employee of the State or to any member of his/her immediate family or anyone living in his/her household. Failure by the Vendor to ensure compliance with this provision may result, in the State’s sole discretion, in immediate termination of the purchase order or contract.
PRESS CONTACTS/NEWS RELEASES
The Vendor shall not initiate any press and/or media contact nor respond to press/media requests regarding this award and/or any related matters concerning the State without the prior written approval of the State.
KEY PERSONNEL
The Vendor shall notify the State in writing of any key personnel changes as soon as the Vendor is aware of the changes. The State shall have the final approval of any personnel the vendor intends to perform services pursuant to the award. Such approval shall not be unreasonably withheld or delayed.
The State reserves the right to require the removal of any vendor staff providing services pursuant to award of this Documented Quote. The State shall have the final approval of any personnel the vendor intends to perform services pursuant to the purchase order or contract. Such approval shall not be unreasonably withheld or delayed.
STATE OWNERSHIP OF PRODUCTS/SERVICES
Bids, upon established opening time, become the property of the State of Colorado. All products/services produced in response to the purchase order (PO) resulting from this solicitation will be the sole property of the State of Colorado, unless otherwise noted in the solicitation or PO.
The contents of the bid will become contractual obligations unless otherwise specified in the PO.
The State reserves the right to require the removal of any vendor staff providing services pursuant to award of this Documented Quote. The State shall have the final approval of any personnel the vendor intends to perform services pursuant to the purchase order or contract. Such approval shall not be unreasonably withheld or delayed.
BREACH OF DATA SECURITY
If Vendor becomes aware of a breach of data security, it shall notify the State immediately in accordance with the Notices and Representatives, Section 16, and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, if any. Vendor shall be responsible for the cost of notifying each Colorado resident and residents of other states whose personal information may have been compromised. Notice shall be made as soon as possible within the legitimate needs of law enforcement and according to the requirements of the
State. Vendor shall be responsible for performing an analysis to determine the cause of the breach, and for producing a remediation plan to reduce the risk of incurring a similar type of breach in the future. Vendor shall present such analysis and remediation plan to the State within ten (10) days of notifying the State of the breach of data security. The State reserves the right to adjust this plan, in its sole discretion. In the event that Vendor cannot produce the required analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan that the Vendor shall comply with, at the Vendor's sole cost.
INTELLECTUAL PROPERTY INDEMNIFICATION
The Vendor shall indemnify, hold harmless and defend, at Vendor’s sole expense, the State and its employees and agents, against any and all loss, cost, expense or liability, including but not limited to attorney fees, court costs and other legal expenses and damages, arising out of a claim that any goods or services, software or Work Product as defined in Section 4 (“Product”) provided by the Vendor under the purchase order or contract, or the use thereof, infringes a patent, copyright, trademark, trade secret or any other intellectual property right.
i. The Vendor’s obligation hereunder shall not extend to the combination of the Product with any other product, system or method, unless the Product or system is (a) provided by the
Vendor or Vendor’s subsidiaries or affiliates, (b) specified by the Vendor to work with the
Product, or (c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function or (d) reasonably expected to be used in combination with such other product, system or method.
Intellectual Property Escrow
i. The Vendor agrees to deposit the software, documentation, and/or other related material(s) with a third-party software escrow agent for the term of the purchase order or contract, including any extensions. Software is the source code accompanied by a running object code version submitted on a virus-free magnetic or optical media, compiled and ready to be read by a computer. Documentation is all materials sufficient for a trained computer programmer of general proficiency to maintain and support the software without further assistance from the
Vendor. The Vendor shall also have a continuing obligation to deposit any maintenance modifications, updates, upgrades, new releases, or documentation related to the deposited materials for the term of the purchase order or contract, including any extensions.
ii. Within 30 days of the Effective Date of the purchase order or contract, the Vendor shall enter into an agreement with the escrow agent which will instruct the escrow agent to cause delivery of the software, documentation, and all other related materials in its possession to the State if any one of the following events occurs:
Vendor agrees in writing to the delivery;
Vendor ceases to do business and no successor shall have agreed to assume the Vendor’s obligations to the State;
Vendor has failed to support the software or has otherwise defaulted under the purchase order or contract; or, Vendor files for liquidation under the U.S. Bankruptcy Code, or files for reorganization under the U.S. Bankruptcy Code and does not remain debtor in possession.
iii. Such agreement shall be subject to the review and approval of the State.
iv. The Vendor shall grant the appropriate licensee rights to the escrow agent to allow the agent to exercise its rights under the purchase order or contract.
v. The Vendor agrees that if the escrow agent delivers the software to the State, the State shall have the same license and rights to use the software, documentation, and other related materials as the State had under the original purchase order or contract, including the right to utilize the source code and create updates and derivative works consistent with the purposes of the purchase order or contract.
vi. All costs and fees associated with the escrow agreement and this clause shall be the responsibility of the Vendor.
NON-EXCLUSIVE RIGHTS
It is understood and agreed by the Vendor that the State does not grant the Vendor exclusive rights to provide the products and/or services under this award. The State reserves the right to contract with and purchase products and services from persons and entities other than the Vendor, as may be in the best interest of the State. This award shall remain in full force and effect should the State enter into other contracts for the same or similar goods and services as provided under this award.
END OF WORK TRANSITION
Upon termination or expiration of the purchase order or contract, and at no additional cost to the
State, the Vendor shall assist and cooperate with the State to ensure an orderly and timely transfer of files, computer software, documentation, system turnover plan, knowledge transfer, intellectual property and other materials.
The documentation that will accompany system turnover shall include user manuals with complete documentation, function technical descriptions of each program and data flow diagrams.
The Vendor shall assist the State in drafting a transition plan describing the steps required to transition the data from the Vendor to a successor vendor.
The Vendor shall provide to the State all portfolio and data definition tables to enable a successor vendor to transition the data to its system.
Upon purchase order termination or expiration, the State, in its sole discretion, will have the option to purchase from the Vendor all hardware provided under this purchase order or contract.
In no event shall the negotiated price exceed the then fair market value of the hardware. In the event the State does not exercise the option to purchase all hardware, the Vendor shall be responsible to dispose of the hardware. The Vendor shall ensure that all hardware, which may have stored State data at any time, shall be physically destroyed by the Vendor through a shredding process that leaves the device in a condition which prevents its reassembly in any usable form. The Vendor shall provide certification of destruction to the State immediately following the destruction in accordance with State policy.
STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Vendor under the purchase order or contract is $100,000 or greater, either on the Effective Date or at anytime thereafter, this section applies.
Vendor agrees to be governed, and to abide, by 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 vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system.
Vendor’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of the purchase order or contract, State law, including CRS §24-103.5-101, and
State Fiscal Rules, Policies and Guidance. Evaluation and Review of Vendor’s performance shall be part of the normal contract administration process and Vendor’s performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and
Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Vendor’s obligations under the purchase order or contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Vendor’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the purchase order or contract term. Vendor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that the Vendor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Revenue, and showing of good cause, may debar Vendor and prohibit Vendor from bidding on future contracts. Vendor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Vendor by the Executive
Director, upon a showing of good cause.
DOCUMENTED QUOTE BIDDER RESPONSE FORMAT
A. CONFIRMATION OF OFFER FORM - Attachment A.
Complete and sign the attached Documented Quote – Confirmation of Offer form
B. SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB)
C.R.S. Section 24-103-211 sets a Service-Disabled Veteran Owned Small Business (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 Veteran Enterprise within the U.S. Department of Veterans Affairs. See www.vip.vetbiz.gov. By responding to this solicitation, the successful Offeror certifies that it shall comply with the provisions of C.R.S. Section
24-103-211. Only SDVOSBs that meet minimum specifications can be considered for the percentage preference. SDVOSBs must submit documentation of SDVOSB certification issued through the U.S.
Department of Veterans Affairs in their response to the solicitation.
C. VENDOR RESPONSE FORMAT
Vendor’s proposal must present a full and complete description of the qualifications and approach to the requirements set forth in this solicitation. Section C, Statement of Work, contained in this solicitation represents a minimum level of response.
1. Administrative Information:
a. Identify single point-of-contact for any questions or concerns relative to this response.
Provide name, title, address, telephone number, fax number, and email address.
b. Provide all mailing addresses, phone, and fax numbers, and email addresses pertinent to this solicitation and for each company location where Agency’s staff can be contacted.
c. Provide an overview, including elapsed time expectations, of your process to complete a contract agreement if you are selected as a successful contractor. After the contract process is complete, how soon could you have staff assigned and available to work on the initiative?
d. Identify any and all questions, comments, or concerns with regard to the terms and conditions. Absent any such attachment, the Department will assume contractor’s full acceptance of the terms and conditions. Exceptions requested, or alternative language suggested, will be treated as a “counter-offer.” The willingness and/or ability of the
Department to accept or negotiate such suggested changes will be considered on a case-by-case basis. If your company normally seeks legal review of terms, this process should occur prior to submission of your offer and your offer must identify any term or condition you are requesting and how you would suggest it be resolved.
D. COMPANY AND PERSONNEL EXPERIENCE/QUALIFICATIONS
1. Indicate if any services under the resulting PO, including subcontracts, are anticipated to be performed outside the United States or Colorado. If so, identify where the services will be performed and explain why these services will be performed outside of the United
States or Colorado.
2. Provide information about your company’s capabilities and why it should be selected to perform these services. Identify if you are proposing the use of subcontractors. Provide company information including number of employees, and company location(s), including any presence in Colorado.
3. Provide company history including the number of years in business, buyouts, takeovers, IPO’s, bankruptcies, litigations, and claims, etc., within the last five (5) years, or for that period which your firm has been in business, if less than 5 years.
http://www.vip.vetbiz.gov/
4. Describe your recent, relevant experience in providing similar systems.
E. IMPLEMENTATION
1. Describe your system implementation approach and provide a project plan to include animation, graphics, ADS certification, training, delivery, and set-up.
2. Provide detailed description of training to System, but not limited to delivery methods, materials provided, training schedule and availability pre-deployment and post deployment.
3. Upon award the Contractor will need to begin discussing a project plan that includes animations, graphics, Automated Drawing System certification, training, delivery and setup with Colorado Lottery and any third party vendors.
F. STATEMENT OF WORK
1. Describe how your proposed system meets and/or exceeds the requirements in
Section C, Statement of Work of this solicitation addressing each set of requirements
(Drawing Machine Minimum Requirements, Drawing System Hardware and
Software, Technical Support and Services, Quantities, Contractor Requirements, Delivery, Schedule of Activities).
G. PRICING
Provide your fee schedule, in the format set forth in Attachment B. Provide any discounted pricing that may be available if an award longer than one year is accepted.
For goods include unit price, extended price, any bulk discounts, delivery time, and warranty.
Include any pricing for extended maintenance, licensing, etc.
H. ADDITIONAL SERVICES/EQUIPMENT
Please add additional comments, background information, data, etc., which you feel are pertinent and would assist in the bidder selection process. Describe any additional services related to this DQ which may be of value to the State. Identify any associated cost(s).
I. STATEMENT OF CONFIDENTIALITY
Complete and sign Attachment D – Statement of Confidentiality form
J. CONFLICTS OF INTEREST DISCLOSURE
Complete and sign Attachment C – Affidavit of Non Conflict of Interest form
File details come from the government source that posted it. Updated .