DQ EFAA 26-511 Climate Policy Modeling.docx

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Climate Policy Modeling
Solicitation number
DQ1 EFAA 2026000511 1
Issued by
Denver County, Denver City, Colorado

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Summary

This is a Documented Quote (DQ) solicitation issued by the State of Colorado, Colorado Energy Office (CEO), for climate policy modeling services. The State seeks a qualified respondent to provide expert technical assistance supporting the modeling of greenhouse gas emissions reductions associated with state-level policy actions. The project encompasses three primary tasks: emission reduction modeling using the Colorado Energy Policy Simulator, policy action research documenting implementation lessons from other jurisdictions, and administrative functions including monthly reporting and bi-weekly progress meetings. The solicitation was published on June 12, 2026, with a deadline for written inquiries on June 16, 2026, by 12:00 PM Mountain Time, and a quote submission deadline of June 23, 2026, by 5:00 PM Mountain Time. Award notification is anticipated for June 26, 2026, with a desired Purchase Order start date of July 15, 2026. The contract term is anticipated to begin upon Purchase Order issuance and is not expected to extend beyond November 20, 2027, with possible extensions at the State's discretion.

The total budget for this engagement is $150,000, which respondents may not exceed, and the State requests competitive pricing as cost is the primary consideration. This is a firm-fixed-rate engagement with payment contingent upon timely submission of monthly invoices and satisfactory completion of deliverables. Respondents must demonstrate a minimum of 10 years of relevant experience in Colorado using existing models to measure greenhouse gas emissions and analyzing climate policy implementation. Experience with the Energy Policy Simulator is identified as a highly desired qualification. Quotes must not exceed ten pages (excluding resumes and supporting documents) and should detail the respondent's work plan, team roles, budget narrative with hourly rates by labor category, and materials costs. All deliverables must comply with Colorado accessibility requirements (WCAG 2.1 Level AA) and AI governance policies. The solicitation requires respondents to disclose any conflicts of interest, propose modifications to standard Purchase Order terms if necessary, and provide insurance certificates prior to contract execution.

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Appendix B_ Vendor Disclosure Statement.pdf PDF
Appendix D_AI Contracting Language.docx DOCX document
Appendix C_Vendor Accessibility Checklist.docx DOCX document

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Text version

Documented Quote

DQ EFAA 2026000511

Climate Policy Modeling

June 12, 2026

Documented Quote Summary Sheet

The information found in this summary sheet is for reference purposes only. Respondents or other interested parties are cautioned to review the solicitation, including any later amendments, in its entirety and contact the listed Point of Contact with any questions.

Point of Contact- Tara Larwick (TARA.LARWICK@STATE.CO.US) Important Dates:

A. Publication Date- June 12, 2026 B. Deadline for Questions- June 16, 2026 by 12:00 PM Mountain Time C. Quote Submission Deadline- June 23, 2026 by 5:00 PM Mountain Time Overview and Goals:

A. To identify a qualified Respondent to provide expert technical assistance to support the modeling of greenhouse gas emissions reductions associated with state-level policy actions.

B. Budget: $150,000 Requirements:

A. Minimum Qualifications

a. Demonstrated experience with using existing models to measure greenhouse gas emissions, including estimating emissions reductions associated with potential state actions (policies, programs, incentives, etc.).

b. Knowledge and experience in analyzing climate policies and their implementation, not limited to political considerations, design feasibility, fiscal impacts, and emission reduction potential.

B. Highly Desired Qualifications

a. Experience with using the Energy Policy Simulator, a free and open-source system-dynamics computer model co-developed by Energy Innovation LLC and RMI (formerly the Rocky Mountain Institute).

Requested QUOTE Format:

Quotes should be no longer than ten (10) pages in total, not including resumes, example documents to illustrate Respondent’s past project experience, or attachments. See Section 4 below for specific instructions.

QUOTE Submission Instructions:

A. Respondents shall submit Quotes via email to the Procurement Point of Contact identified above. The Quote submission email should include the subject line “Quote submission from (Insert Respondent Name) for DQ EFAA 26-511.

B. Ensure all requested attachments are included.

DQ EFAA 26-511

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

Version 42225

TABLE OF CONTENTS

1. SOLICITATION INFORMATION2
A. INTRODUCTION3
B. OVERVIEW AND GOALS3
C. ANTICIPATED TERM3
D. SCHEDULE OF ACTIVITIES4
E. PROCUREMENT POINT OF CONTACT4
F. RESPONDENT INQUIRIES5
2. REQUIREMENTS5
A. ACCESSIBILITY REQUIREMENTS5
B. INSURANCE REQUIREMENTS6
C. AI Governance and Compliance6
D. MINIMUM QUALIFICATIONS7
E. Highly Desired Qualifications7
3. SCOPE OF WORK/SPECIFICATIONS7
A. TASK 1 EMISSION REDUCTION MODELING7
B. TASK 2 - POLICY ACTION RESEARCH8
C. TASK 3 - ADMINISTRATIVE8
D. ACCEPTANCE CRITERIA9
E. BUDGET9
F. PAYMENT10
4. QUOTE SUBMISSION INFORMATION10
A. EMAIL QUOTE SUBMISSION INSTRUCTIONS10
B. TIMELINESS OF QUOTE SUBMISSION10
C. QUOTE FORMAT AND CONTENT10
5. AWARD13
A. BASIS FOR AWARD (SEE PROCUREMENT RULE R-24-103-204-01)13
B. NEGOTIATIONS14
C. SINGLE QUOTE14
D. NOTICE OF AWARD14
E. DOCUMENTS AFTER AWARD14
6. GENERAL ADMINISTRATIVE INFORMATION14
A. COLORADO VENDOR SELF SERVICE14
B. MODIFICATIONS AND/OR SUPPLEMENTAL INFORMATION TO THE SOLICITATION15
C. SOLICITATION CANCELLATION AND/OR REJECTION OF QUOTES15
D. MODIFICATIONS OR WITHDRAWAL OF QUOTES15
E. MISTAKE AND MINOR INFORMALITIES IN RESPONDENT QUOTES16
F. NEWS RELEASES AND ANNOUNCEMENTS16
G. NOT A LEGALLY BINDING OFFER16
H. RESPONDENT QUOTE CONTENT16
I. QUOTE RESPONSE MATERIAL OWNERSHIP16
J. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION16
K. SUBMISSION OF CONFIDENTIAL OR PROPRIETARY INFORMATION17
L. MODIFICATIONS TO THE STATE PURCHASE ORDER18
M. ETHICS AND CONFLICTS OF INTEREST18
N. PROTESTED SOLICITATIONS AND AWARDS19
O. PERFORMANCE OUTSIDE OF COLORADO19
P. SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB) (REF. §24-103-905, C.R.S., ET SEQ.19
Q. VENDOR ASSISTANCE20

Appendices Appendix A: Purchase Order Terms and Conditions Appendix B: Vendor Disclosure Statement Appendix C: Accessibility Vendor Document Checklist Appendix D: Artificial Intelligence (AI) Disclosure and Use Requirements

1.

SOLICITATION INFORMATION

A. Introduction On behalf of the State of Colorado, the Colorado Energy Office (CEO) is issuing this Documented Quote (DQ) for a Climate Policy Model to identify a qualified Respondent to provide expert technical assistance to support the modeling of greenhouse gas emissions reductions associated with state-level policy actions.

This solicitation is being published so that qualified Respondents may submit a Quote in accordance with the terms of this solicitation. Please review all materials and appendices before responding and submit all requested information and forms.

B. Overview and Goals

i. Overview The State is investigating climate actions and lessons learned for other jurisdictions, as well as the potential impact of similar policies in Colorado.

ii. Goals It is expected that the awarded Respondent shall support the State’s efforts to model emissions reductions associated with actions, including multiple emission reduction scenarios for policies with multiple design possibilities. The awarded Respondent will also provide research support on how similar policies have been implemented in other jurisdictions and key lessons learned.

C. Anticipated Term

i. The anticipated term of the Purchase Order (PO) resulting from the award of this solicitation is expected to begin as soon as a State issued Purchase Order is in place and is not expected to go beyond November 20, 2027.

ii. The State, at its discretion, reserves the right to extend the term of the PO beyond the anticipated term in accordance with the Colorado Procurement Code, and in the event that the State determines an extension is necessary.

iii. Any Purchase Order executed as a result of this award may be amended to include additional work that naturally follows the work detailed in this solicitation. Prior to adding any such work, the State will ensure that the work should not otherwise be competitively solicited and that the cost of the work is fair and reasonable.

iv. 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 This Schedule of Activities is for information and planning purposes only. 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.

i. The date of publication for this solicitation on Colorado VSS is June 12, 2026.

ii. Written inquiries must be submitted, via email, to tara.larwick@state.co.us no later than 12:00 PM on June 16, 2026.

iii. The estimated date for the State’s responses to Respondent’s written inquiries to be published on Colorado VSS is June 17, 2026.

iv. All quotes must be submitted in the method described below no later than June 23, 2026, at 5 PM.

v. The estimated date for award selection and notification is June 26, 2026.

vi. The desired Purchase Order start date is July 15, 2026 or when a State Purchase Order has been issued, whichever comes later. It is anticipated that the awarded firm will begin work immediately upon successful execution of a State-issued Purchase Order (P.O.).

E. Procurement Point of Contact

i. The State’s sole point of contact for this solicitation is Tara Larwick, Procurement Specialist, who may be reached via email at tara.larwick@state.co.us.

ii. 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.

F. Respondent Inquiries

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

ii. Send all inquiries to the Procurement Point of Contact listed above. Inquiries should be clearly marked with the solicitation number and title. Where appropriate, inquiries should include references to any relevant section and paragraph of the solicitation.

iii. Responses to respondent inquiries will be published on Colorado VSS 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.

ii. To be considered accessible, the following is required: Applications, websites, kiosks and digital documents are required to meet the applicable provisions of §24-85-101, C.R.S. This means that digital content like PDF documents and webpages are accessible to assistive technologies like screen readers and magnification programs, and websites and applications are robust and do not prevent users of a variety of devices, browsers, and operating systems from accessing all functionality intended for use by the public or a State of Colorado employee. For more information, review OIT's accessibility resources and OIT's dedicated Accessible PDF and Documents page

iii. The final deliverables must follow Accessibility guidelines in line with HB21-1110. State of Colorado vendors and bidders are required to demonstrate that information technology provided to the State of Colorado, including digital content, conforms to or addresses the most current version of the World Wide Web Consortium's Web Content Accessibility Guidelines (WCAG), level AA success criteria. Respondents may do so by providing either of the following:

a. An independent, third-party evaluation from an accessibility consultancy

b. A Voluntary Product Accessibility Template (VPAT). If a VPAT is used, it must use the VPAT 2.5 template, which is based on WCAG 2.1 level A/AA. The Information Technology Industry Council offers a VPAT 2.5 WCAG template (download).

vii. Additional resources include:

a. Accessible Website Content: How To

b. Accessible Online Content QA Checklist

c. How-to guides B. 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 Purchase Order Terms and Conditions, included in this solicitation as Appendix A, prior to execution of the Purchase Order.

C. AI Governance and Compliance Any use of Artificial Intelligence in the fulfillment of the resulting Purchase Order is governed by the Colorado Energy Office’s policies (for further guidance see Appendix D: Artificial Intelligence (AI) Disclosure and Use Requirements). Awarded Respondent(s) will be expected to maintain rigorous alignment with these standards to ensure the security, ethical use, and integrity of all State work products.

D. Minimum Qualifications The below qualifications indicate the minimum qualifications of a Respondent to lead this work. Other qualifications that a Respondent can bring to this project should be detailed in the Organization and Personnel Qualifications submittal section of the response. The Awarded Respondent’s team, including primes, subcontractors, and lead staff, are required to have the following minimum requirements, which must be verifiable and clearly documented in the Awarded Respondent’s Quote.

i. Demonstrated 10 years of experience of relevant work in Colorado using existing models to measure greenhouse gas emissions, including estimating emissions reductions associated with potential state actions (policies, programs, incentives, etc.).

ii. Demonstrated knowledge and experience in analyzing climate policies and their implementation, not limited to political considerations, design feasibility, fiscal impacts, and emission reduction potential.

E. Highly Desired Qualifications Experience with using the Energy Policy Simulator, a free and open-source system-dynamics computer model co-developed by Energy Innovation LLC and RMI (formerly the Rocky Mountain Institute).

3. SCOPE OF WORK/SPECIFICATIONS

To achieve the objectives noted above, the Awarded Respondent shall perform the following tasks and provide the following deliverables to the CEO, each subject to the CEO’s prior and final approval.

A. Task 1 Emission Reduction Modeling

i. Task 1 Description As needed, support State staff in modeling emission reductions associated with climate policy actions. Support may include additional capacity given limited State staff availability, or technical assistance when State staff lack knowledge or experience using the model for developing particular policy-related emission projections.

All emission reduction projections will be developed using the Colorado Energy Policy Simulator, a free and open-source system-dynamics computer model co-developed by Energy Innovation LLC and RMI (formerly the Rocky Mountain Institute) as part of its Energy Policy Solutions project.

ii. Task 1 Deliverables and Timelines

a. Deliverable Outputs using EPS model of policy actions.

b. Timeline: This work will begin upon PO Effective Date, as directed, and will last one to three months.

B. Task 2 - Policy Action Research

i. Task 2 Description As needed, the Awarded Respondent shall support staff in researching potential policy actions. This includes how actions have been implemented in other jurisdictions and key lessons learned from those implementations. The Awarded Respondent shall provide information on potential policy design options and (where relevant) link those potential designs to emission reduction scenarios.

ii. Task 2 Deliverables and Timeline

a. Task 2 Deliverable Research on potential policy actions will be summarized in memos as directed by the CEO.

b. Task 2 Timeline: This work will begin upon Purchase Order Effective Date as directed, and will last one to three months.

C. Task 3 - Administrative

i. Task 3 - Description/Subtasks

a. Monthly Reporting - Awarded Respondent shall provide the CEO with a brief monthly activities report, any completed deliverables, and an invoice for services completed.

b. Bi-weekly phone calls - Awarded Respondent shall participate in biweekly phone calls or in-person meetings to provide updates on progress.

c. Payments - Payment shall be contingent upon timely and complete submission of monthly invoices, not to exceed the budget categories outlined in the Purchase Order issued:

i. Task 3 Deliverables and Timeline Invoices, monthly reports and all deliverables will be reviewed by the Program Manager to ensure completeness and accuracy. All comments from the Program Manager must be addressed before final approval and payment of invoices.

a. Monthly Report - (to be submitted no more than monthly) submitted electronically to Program Manager by a date specified in the executed PO following the month in which work was completed

b. Bi-weekly phone calls

c. Invoice - (to be submitted no more than monthly) submitted electronically to Program Manager by a date specified in the executed PO following the month in which work was completed.

D. Acceptance Criteria The CEO shall determine whether deliverables meet the requirements in this Scope of Work. The Awarded Respondent shall submit all deliverables to the CEO by the dates established in the tasks described in this Scope of Work for final review and approval. The CEO anticipates that prior to submission, all deliverables shall go through an internal quality assurance process and shall reflect the requirements of this Scope of Work.

E. Budget The budgeted funds set aside for this project are $150,000. Quotes over this amount will not be accepted. Although the maximum budget available for this Purchase Order is $150,000, it is expected that Respondents will give their best competitive price, as price is the primary (although not ONLY) consideration in award determination.

F. Payment Payments shall be made in accordance with the provisions set forth in the PO. The State shall pay the Awarded Respondent the reasonable, allocable, and allowable costs for work performed based on satisfactory progress of the work defined in this PO.

The Awarded Respondent shall invoice based on completion of deliverables or based on a time and materials basis, if applicable, according to the task and deliverable budget agreed upon. The Awarded Respondent shall be compensated only for work and services performed by the Awarded Respondent and accepted by the CEO pursuant to the terms of the resulting PO. Payment shall be contingent upon the CEO’s timely receipt and acceptance of required reports described above. The Awarded Respondent shall be reimbursed no more than once a month based on the submission of the Awarded Respondent invoice and progress report. The monthly progress report will provide details of the work performed on each task or deliverable. The progress report shall substantiate the amounts on the invoice for each task/deliverable. The Awarded Respondent shall bill by task on an hourly basis for Tasks outlined above.

4. QUOTE SUBMISSION INFORMATION

A. Email Quote Submission Instructions

i. Respondents shall submit Quotes via email to the Procurement Point of Contact identified above. The Quote submission email should include the subject line “Quote submission from (Insert Respondent Name) for DQ EFAA 2026000511, Climate Policy Modeling.

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. Quote Format and Content Respondent’s Quote shall contain the following information, in the order and format provided below. Quotes should be no longer than ten (10) pages in total, not including resumes, example documents to illustrate Respondent’s past project experience, or attachments.

i. Executive Summary The Respondent shall furnish an executive summary to introduce the Respondent’s firm and its qualifications and to provide a general overview of the Respondent’s Quote. Include the same if using subcontractors or partners. Please address each of the following:

a. The Executive Summary must include Company name and address (local if available), business type (e.g. non-profit, consulting, etc.), full contact information for Quote inquiries, and description of services.

b. The Executive Summary should include a statement confirming that the Respondent’s firm has no real or potential conflict of interest that would prevent your firm from acting in the best interest of the CEO.

c. The Executive Summary should include a statement confirming Respondent’s acceptance and ability to comply with the AI Governance and Compliance requirements of Section 3.C.

(a) If the Respondent does not use AI in any capacity, they should state that here.

(b) If AI is used in any capacity, Respondents should include that information in their response to the section below on Work Plan and Roles.

d. Any exceptions, additions, or modifications to the Scope of Work or to this Documented Quote must be detailed in the Executive Summary and further detailed under the Work Plan and Roles section below and noted in the Costs section as appropriate.

e. Any exceptions to the State’s Purchase Order terms and conditions must be detailed in the Executive Summary.

ii. Accessibility Requirements Respondents shall make a statement indicating their acceptance and ability to comply with the accessibility requirements detailed in Section 2.A., Accessibility Requirements of this solicitation. Respondents shall also complete and submit Appendix C: Vendor Accessibility Checklist with your Quote.

iii. Minimum Qualifications Summarize how the Respondent and its team fulfill the minimum requirements listed in Section 2. The response should provide a detailed explanation of how the Organization and each key team member, or the team as a whole meets or exceeds the minimum qualifications. Submit resumes for all key personnel.

iv. Highly Desired Qualifications Summarize how the Respondent and its team fulfill the highly desired qualifications listed in Section 2. Resumes should support this summarization.

v. Work Plan and Roles In no more than 5 pages, provide a work plan and explain the specific roles and responsibilities of each team member or project partner in the completion of the project and how their roles are related to their technical qualifications and project experience. The work plan shall describe in detail how the Respondent will perform all tasks. Respondents must include a timeline for completing the project.

If the Respondent uses AI tools, include the types of AI tools used, how these AI tools are used, and how you intend to use AI to accomplish the work required under this project. Include your organization's policies and procedures for human oversight and quality control of AI-assisted work products including how the firm ensures confidential client data is protected when using AI tools and any enterprise agreements or data and handling protocols in place and how the verification and fact-checking process your firm uses ensures accuracy of AI-assisted research and analysis. Please note that certain information may be considered confidential by the State. Describe how you would ensure sensitive/confidential information would be identified and protected from being entered into an AI platform.

vi. Costs This is a firm-fixed-rate engagement. The budget has been set for this project and therefore cannot exceed $150,000. Quotes over this amount will not be accepted.

i. The State requests that Respondents submit their most competitive pricing as cost is the prime consideration.

ii. Respondents shall submit a detailed Budget Narrative that explains how the company has structured its costs and how it proposes charging the State for the work.

iii. As part of its submission, the Respondent shall identify each team member, and include their role in the project, along with the labor category and associated hourly rates it anticipates will be required to complete Tasks 1 and 2 related to the SOW. Include the anticipated cost of materials for Tasks 1 and 2 as well. Respondents should anticipate any employee involvement to be reflected.

iv. Respondents shall also provide a detailed budget which identifies each team member, estimate of labor hours, by labor category, and cost of materials it anticipates will be required to complete Task 3 related to the SOW. The Respondent should anticipate any employee involvement to be reflected.

v. Any travel and per diem costs for Respondent’s staff travel relative to performance of services shall be reimbursed in accordance with State Fiscal Rule 5-1, as amended. It is expected that the travel rate for labor hours will be billed at half the full rate.

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

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

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 Colorado VSS.

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 Purchase Order.

6. GENERAL ADMINISTRATIVE INFORMATION

A. Colorado Vendor Self Service This solicitation is being published on Colorado Vendor Self Service (Colorado VSS), so that Respondents who have an interest may submit a Quote in accordance with the terms of this solicitation.

Vendors can self-register for this system free of charge, or may click on “Public Access” on the website to view solicitation documents and modifications without registering. Vendors are encouraged but not required to register prior to or at the time they submit their Quote. The State also recommends that interested vendors check Colorado VSS 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 Colorado VSS. A modification notice will be published on Colorado VSS in the event that it becomes necessary to revise any part of this solicitation.

ii. It is the Respondent’s sole responsibility to check Colorado VSS 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 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 purchase order is awarded by the State. Reference Procurement Rule R-24-101-401-05.

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, 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.

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 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 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 Purchase Order

i. The State Purchase Order terms and conditions are included in Appendix A to this solicitation.

ii. Respondents are instructed to review the attached State Purchase Order Terms and Conditions 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 Purchase Order 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.

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 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 Governor’s Office Procurement Director, State of Colorado, ATTN: Sara Graf 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 Sara Graf, Governor’s Office Procurement Director, sara.graf@state.co.us.

O. Performance Outside of Colorado The Awarded Respondent, per Section 24-102-206, C.R.S., shall, using Appendix B: Vendor Disclosure Form, 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.

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.

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 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.

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