Exhibit B - Additional Provisions.docx

DOCX document 46 KB Posted

Attached to
Child Care Licensing Inspections
Solicitation number
RFP QAAA 2026000189 4
Issued by
Arapahoe County, Colorado

About this file

This is an Additional Provisions exhibit document for a Colorado Department of Early Childhood (CDEC) contract related to child care licensing inspections. The document establishes the operational framework for contractor performance, requiring adherence to the Statement of Work (Exhibit A) and outlining contractor responsibilities for achieving specified goals and objectives. Contractors must participate in CDEC-sponsored meetings, provide copies of any executed subcontracts to the state, and comply with mandatory reporting requirements for suspected child abuse and neglect as required by Colorado law. Critical incidents involving children, families, or staff must be reported to the CDEC Program Manager within 48 hours, and all program staff are required to complete online mandatory reporter training through the Colorado Child Welfare Training System.

Payment shall be made on a fixed-price basis in accordance with the budget specified in Exhibit A, with invoices submitted monthly through the OnBase Invoice Submission Process no later than 30 days following the last day of the month, with compressed timeframes at fiscal year-end. Contractors must request additional funds 60 days prior to projected fund depletion, with approval requiring a formal contract amendment. The contract prohibits the purchase of gift cards using CDEC grant funds and requires all contractors to maintain a formal written policy for SAM.gov checks upon hiring and annually thereafter. All work must comply with Colorado accessibility standards and WCAG Level AA requirements, and contractors using federal funds must comply with FAR employment eligibility verification requirements. The state reserves the right to offset funds based on overpayment or improper use of funds, and the contract is governed exclusively by Colorado law.

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Exhibit B Additional Provisions

ABBREVIATIONS

· C.R.S. – Colorado Revised Statutes

· CDEC – Colorado Department of Early Childhood

· CDHS – Colorado Department of Human Services

· CFR – Code of Federal Regulations

· DELLA - Division of Early Learning Licensing and Administration

· FAR - Federal Acquisition Regulation

· GAAP - Generally Accepted Accounting Principles

· GAE – General Accounting Encumbrance

· GSA – Federal General Services Administration

· OIT – Governor’s Office of Information Technology

· SOW – Statement of Work

· U.S.C. – United States Code

· WCAG – Web Content Accessibility Guidelines

1. SERVICE PROVISIONS

The Contractor shall provide the services according to the plans submitted in the “Statement of Work”, attached and incorporated herein by this reference as EXHIBIT A. In all cases, the descriptions, plans, timetables, tasks, duties, and responsibilities of the Contractor as described in the SOW, shall be adhered to in the performance of the requirements of this Contract. In the event of a conflict, the terms and conditions of this Contract shall control over the SOW. Any significant changes to the SOW (SOW) require an amendment to the Contract.

2. GOALS AND OBJECTIVES

The Contractor shall be responsible for the achievement of any goals and objectives as specified within the SOW (EXHIBIT A) of this Contract unless written notice of any modifications are furnished by the State to the Contractor allowing adequate time for compliance during the term of this Contract.

3. COPY OF SUBCONTRACT

The Contractor shall provide to the State a copy of any executed subcontract between the Contractor and any provider of services to fulfill any requirements of this Contract. Subcontracts shall be emailed to the CDEC Representative upon execution.

4. PAYMENT

In consideration of the provision of services and reporting and subject to all payment and price provisions and further subject to verification by the State of full and satisfactory compliance with the terms of this Contract, the State shall pay to the Contractor an amount not to exceed the amount specified in the Budget (EXHIBIT A), of this Contract.
The Contractor shall submit requests for payment to the OnBase Invoice Submission Process no less than monthly on forms prescribed and provided by the State.

Link to Frequently Asked Questions about the OnBase Invoice Submission Process.

Link to Vendor Invoice Guidance

a) Under this Contract, the Vendor shall submit their invoices by selecting DELLA - Division of Early Learning Licensing and Administration.

For technical issues please contact the OnBase Administrator at CDEC_OnBase_Admin@state.co.us.

For invoice issues, including but not limited to questions about which program to select or program manager emails to enter, please contact CDEC_Invoicing@state.co.us.

Payment shall be made on a fixed price basis for services rendered.
IT IS UNDERSTOOD ANY COSTS THAT EXCEED THE CONTRACTED AMOUNT SHALL NOT BE PAID BY CDEC. If Contractor has a legitimate need for additional funds, the Contractor shall request additional funds from the CDEC 60 days prior to projected depletion of contracted funds. CDEC shall review each request and notify Contractor in writing of approval or denial. Approval of additional funds shall require an official modification to the Contract by Amendment or Option Letter.
Timely Invoicing - Invoices shall be submitted no later than 30 days following the last day of the month. End of State Fiscal Year invoices are on a compressed timeframe. Invoices for all services provided prior to June 30th shall be invoiced by July 7th. Contractors who are unable to provide the invoice by July 7th shall notify the state of the amount to be booked as accounts payable by July 13th by sending an email to OnBase Invoice Submission Process. Final invoices for services prior to June 30th shall be submitted by September 14th. Invoices received after September 14th may not be paid.
The Contractor shall maintain source documentation to support all payment requested pursuant to this Contract. All source documentation shall be provided to the State by the Contractor upon request.
It is understood that the State reserves the right to offset funds pursuant to this Contract based on the discovery of overpayment or improper use of funds by the Contractor. Overpayment or improper use of funds is interpreted to apply to specific terms of prior year Contracts and includes without limitation requirements of the GAAP issued by the American Institute of Certified Public Accountants, and applicable sections of the C.R.S.

5. PARTICIPATION

The Contractor representative(s) is required to participate in any CDEC sponsored meetings related to this Contract.

6. CRITICAL INCIDENT REPORTING

Within 48 hours of the occurrence of a critical incident involving any child or family and/or an on duty agency staff member of any family support program staff funded through the CDEC, the agency must report in writing the details of the critical incident to the CDEC Program Manager for the involved family support program. Critical incidents may include, but are not limited to, awareness of an egregious incident of abuse and/or neglect, near fatality, or fatality of any child currently enrolled in a family support program; involuntary termination of a program staff’s employment; criminal allegations involving program staff and related to his/her employment; negative media attention about the family support program; any major injury or threat to the security of an agency staff member while on duty and visiting an enrolled child or family.

7. MANDATED REPORTING

All program staff are required by law to report suspected child abuse and neglect. Mandatory reporters must report suspected child abuse and neglect to the local county child welfare agency, the local law enforcement agency, or by calling the child abuse reporting hotline system at 1-844-CO-4KIDS (1-844-264-5437).
All program staff are required to take the online mandatory reporter training on the CDHS Child Welfare Training System: https://www.coloradocwts.com/mandated-reporter-training.

8. GIFT CARDS

To comply with CDEC policy and federal guidelines, purchasing gift cards with funds from CDEC grant funds is not allowed. Please see citations 45 CFR 75.406 and 45 CFR 75.302.A for more information.

9. SAM.GOV REQUIREMENT

Individuals who are excluded from participation in federal health care programs are also prohibited from participating in federal government procurement and non-procurement programs according to title 2 of the CFR §376.147 and 42 CFR part 1001, which clarifies that this applies to individuals and entities.
Any individual or entity excluded from participation in Medicare, Medicaid, and other Federal health care programs under Title XI of the Social Security Act, 42 U.S.C. 1320a-7, 1320a-7a, 1320c-5, or 1395ccc, and implementing regulation at 42 CFR part 1001, will be subject to the prohibitions against participating in covered transactions, as set forth in this part and part 180, and is prohibited from participating in all Federal Government procurement programs and non-procurement programs.
Contractor shall have a formal written policy regarding SAM.gov checks for all staff upon hiring and not less than annually including procedures for maintaining records of the evidence of this check.

10. ACCESSIBILITY REQUIREMENTS.

All work performed 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 OIT pursuant to §24-85-103 (2.5), C.R.S. and all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the WCAG, incorporated in the State of Colorado technology standards. https://oit.colorado.gov/standards-policies-guides/technical-standards-policies.

11. EMPLOYMENT ELIGIBILITY VERIFICATION

Contractor/Grantee shall comply with the FAR regarding Employment Eligibility Verification located at https://www.acquisition.gov/far/subpart-22.18 for all contracts/agreements funded using federal funds.
12.NOTICE TO VENDOR REGARDING PROHIBITED TERMS PER COLORADO REVISED STATUTES
As of August 9, 2017, the Colorado Procurement Modernization Act is in effect. As a result, the following terms for all existing and future contracts will be void as a matter of law under §24-106-109 C.R.S.:

Any term that requires the State to indemnify or hold harmless the vendor or a 3rd party.

Any term that requires the State to agree to binding arbitration or any other binding extra-judicial dispute resolution process.

Any limitation of liability that includes bodily injury, death or damage to tangible property.

Any term that requires legal disputes to be handled by any laws other than those of the State of Colorado. All contracts shall be governed by Colorado law.

All contracts containing these terms shall otherwise be enforceable as if they did not contain such terms.

Please feel free to contact Shayne Cumine, CDEC Procurement and Contract Director or the State Purchasing and Contracts Office if you have any questions.

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