Hobby Items - Canteen.pdf

State of Colorado

Colorado Department of Corrections

September 19, 2024

DQ # 2025000160

Hobby Items - Canteen

Sole Point of Contact for this Solicitation is:

Sheila Lucero – Purchasing Manager (Sheila.lucero@state.co.us) Contact with any other State personnel regarding this procurement, unless specifically authorized by the above-named Sole Point of Contact, may result in disqualification.

Respondents are urged to read the solicitation document and attachments thoroughly before submitting a quote.

Respondents are required to submit Federal Employer Identification Number (FEIN) (W-9) prior to award from the

Colorado Department of Corrections.

mailto:Sheila.lucero@state.co.us

Contents Table of Contents

1. SOLICITATION INFORMATION

A. Introduction

B. Background, Overview and Goals

C. Anticipated Term

D. Schedule of Activities

2. SCOPE OF WORK/SPECIFICATIONS AND REQUIREMENTS

A. Accessibility Requirements

B. Insurance Requirements

C. Program Overview and Background

D. Scope of Work/Specifications

3. QUOTE SUBMISSION INFORMATION

A. Quote Submission Instructions

B. Timeliness of Quote Submission

C. Quote Format and Content

D. Pricing

4. AWARD

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

B. Negotiations

C. Single Quote

D. Notice of Award

E. Documents After Award

5. GENERAL ADMINISTRATIVE INFORMATION

A. Colorado Vendor Self Service

B. Modifications and/or Supplemental Information to The Solicitation

C. DQ Cancelation/Rejection of Quote(s)

D. Modifications or Withdrawal of Quotes

E. Mistakes and Minor Informalities in Respondent Quotes

F. News Releases and Announcements

G. Respondent Acceptance of Solicitation Terms/Respondent Quote Content

H. Certification of Independent Price Determination

I. Quote Response Material Ownership

J. Submission of Confidential or Proprietary Information

K. Modifications to State Contract

L. Conflicts of Interest/Ethics

M. Protested Solicitations and Awards

N. Performance Outside of Colorado

O. Service Disabled Veteran Owned Small Businesses (SDVOSB) (Ref. §24-103-905, C.R.S., Et Seq.)10

P. Security Provisions

Attachments:

1. Exhibit A – Vendor DQ Checklist

2. Exhibit B – Required Vendor Information

3. Exhibit C – W-9 Request for Taxpayer ID Number

4. Exhibit D – Price Proposal

5. Exhibit E – Vendor Disclosure Statement

6. Exhibit F – Purchase Order Terms and Conditions

7. Attachment A – Holidays

1. SOLICITATION INFORMATION

A. Introduction

On behalf of the State of Colorado, Colorado Department of Corrections (CDOC) is issuing this Documented Quote (DQ) for Hobby Items - Canteen, DQ 2025000160.

B. Background, Overview and Goals All information contained within this DQ, and any amendments and modifications thereto, reflect the best and most accurate information available to the State at the time of this DQ.

C. Anticipated Term A. The anticipated term of the purchase order resulting from the award of this solicitation is anticipated to be one (1) year.

B. If an Award is issued for this solicitation, the Award may be renewed for up to two (2) additional year at the sole discretion of the CDOC. The total duration of the Award, from the start date until termination, and including all options, is not anticipated to exceed three

(3) years.

C. The CDOC may within its sole discretion, choose to not exercise any option or extension term in the Contract.

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

D. Schedule of Activities

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

Activities listed as “Estimated” may be subject to change depending on the needs of the State. All times are stated in Mountain Time (MT), as adjusted for daylight savings

Activity Date

Solicitation Published via Colorado VSS, https://www.colorado.gov/vss and bidnetdirect.com//cdoc

09/19/2024

Written Inquiries Deadline

Send Inquiries to: bidnetdirect.com//cdoc NOTE: No inquiries will be accepted after this date.

09/24/2024 by 2:00pm

Response to written inquiries; will be posted to Colorado VSS and bidnetdirect.com//cdoc (Estimated)

09/26/2024

Quote Submission Deadline Quotes must be submitted in the method described in Section 3

10/03/2024 by 4:00pm

5 Award selection and notification (Estimated) 10/10/2024

6 Contract/Purchase Order Start Date (Desired) 11/01/2024 https://www.colorado.gov/vss

E. Respondent Inquiries

i. Respondent may submit written inquiries concerning this DQ to obtain clarification on specifications and requirements through bidnetdirect.com//cdoc.

ii. The State, in its sole discretion may not accept inquiries received after the date and time indicated in the schedule of activities.

iii. All inquiries should be clearly marked with the DQ number and title. Where appropriate, inquiries should include references to any relevant section/paragraph of the solicitation.

iv. List each question separately.

v. The CDOC will publish responses to Respondents inquiries collectively, in a timely manner, as a modification on Colorado VSS and bidnetdirect.com//cdoc.

vi. 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. SCOPE OF WORK/SPECIFICATIONS AND REQUIREMENTS

The Scope of Work describes the deliverables sought through this DQ and the scope of what the awarded Respondent will be expected to offer through the Contract or Purchase Order resulting from this DQ. The Scope of Work is intended to provide interested Respondents with sufficient basic information to submit a quote. It is not intended to limit a quote’s content or exclude any relevant or essential data.

A. Accessibility Requirements

All work performed as a result of this solicitation must comply with all applicable provisions of §§24- 85-101, C.R.S., et seq., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to §24-85-103 (2.5), C.R.S. and 3) all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

B. Insurance Requirements The awarded Respondent will be required to submit a certificate(s) of insurance evidencing insurance coverage 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 Exhibit F, prior to execution of the Contract or Purchase Order. Attachment A has information to determine what insurance will be needed for this solicitation.

C. Program Overview and Background The Colorado Department of Corrections (CDOC), Division of Colorado Correctional Industries (CCi) – Canteen Services is seeking a Respondent(s) to provide Hobby Items for resale through the Canteen (Commissary) program. This service exists to enhance and enrich the lives of Offenders during their incarceration.

Canteen Services serves as an order fulfillment service that is operated by Colorado Correctional Industries a Division of the Colorado Department of Corrections. It has established a warehouse and production center at the East Canon City Prison Complex. This operation employs Offenders, enabling them to gain work experience and develop essential personal and professional skills. Along with suppling Offenders with premium goods at competitive pricing, while providing a varied and appealing assortment of items.

D. Scope of Work/Specifications

i. Bids can be made on any item on Exhibit D – Price Proposal. Respondent should fill out

Exhibit D – Price Proposal and include in their bid for all items the respondent would like to provide.

ii. If the respondent does not supply the brand name indicated in the spreadsheet, but the item fulfills all specifications and requirements, and has not been previously approved, the respondent will need to submit 3-5 samples upon award.

a. The cost of sending the samples will be incurred by the respondent, and the samples will not be returned.

iii. An evaluation will be conducted on the items to determine any possible security risks, religious affiliations, and nutritional benefits, where relevant, to ascertain their appropriateness for resale within the correctional facility.

iv. After awards have been made, the respondent is obligated to provide photographs of the items that have been awarded to the respondent.

v. Product substitutions are not permitted without the prior consent of authorized Canteen staff after the item has been awarded.

vi. Any unavailable items must be reported to the Canteen personnel, along with their expected restock date, as soon as possible.

a. For items experiencing unavailability, the allocation will go to the respondent who provided the next lowest price.

vii. Back orders are not permitted. Any items that cannot be fulfilled will be eliminated from the order.

viii. Adjustments to pricing will take place annually in November to account for market changes based on the annual Consumer Price Index (CPI).

ix. Canteen staff will need to receive a two-week notice prior to any out-of-cycle price increase requests to avoid potential stock shortages.

a. Justification and approval from Canteen staff is required for any price increase that occurs outside of the established cycle. Should the increase not be approved, the item will be awarded to the next lowest price respondent.

x. Products must me packaged as follows:

a. The product will need to be packaged exclusively in plastic containers. Whenever feasible, clear packaging is preferred.

b. Packaging must not contain glass or metal of any kind.

c. Product can not contain any type of alcohol.

d. Product packaging must be engineered to resist the challenges posed by transportation through high-altitude environments, ensuring that the packaging does not rupture during transit. (Mountain passes).

e. Packaging should be prepared for individual sales, ensuring it contains ingredient lists and other relevant details.

x. Deliveries should be conducted by truck whenever possible; if that is not feasible, then UPS or FedEx should be utilized.

a. Receiving hours are 8:00am to 2:00pm MST, Monday through Friday, excluding the holidays. A list of holidays can be found on Attachment A – Holidays.

b. Notices will be sent out via an email if the Canteen Warehouse is closed.

xi. All invoices will need to be directed to doc_cci_purchasing@state.co.us when items are shipped. Separate invoices are mandatory for each shipment made.

a. Requested credits should be sent to doc_cci_purchasing@state.co.us once processing has been finalized.

3. QUOTE SUBMISSION INFORMATION

A. Quote Submission Instructions

i. Respondents shall only submit Quotes via bidnetdirect.com//cdoc. The Quote submission should include the Subject line: “Quote submission from (Insert Respondent Name) for DQ 2025000160, Hobby Items - Canteen.

mailto:doc_cci_purchasing@state.co.us

ii. No other electronic submission methods or hard copy submittals will be accepted.

B. Timeliness of Quote Submission

i. Quotes received after the submission deadline shall not be opened and shall be rejected as a late response, unless otherwise permitted by the procurement official in accordance with Procurement Rules C.R.S. §24-103-201-10.

ii. Responsibility for ensuring that a Respondents quote is received on time rests with the Respondent.

C. Quote Format and Content

i. The CDOC will not consider the submission of brochures, references to websites or other marketing material as a substitute for written responses to our requirements and questions.

ii. Quotes must follow the format outlined with electronic copies of each document provided as instructed. Quote sections should be tabbed, clearly identifiable, and contain the following. Please verify all information listed below is filled out, signed, and is attached with your Quote.

a. Exhibit B, Required Vendor Information;

b. Exhibit C, W-9 Request for Taxpayer ID Number

c. Exhibit D, Price Proposal

d. Exhibit E, Vendor Disclosure Statement

D. Pricing

i. Proposed pricing/quote must remain firm during the initial term of the Contract or Purchase

Order.

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

iii. The CDOC may at its sole discretion elect to include a provision in the State Contract that allows the CDOC to consider an annual price increase not to exceed 2.5% for each fiscal year of the Contract if a Contract is awarded from this solicitation. Any price increases must be agreed upon between CDOC and the awarded respondent.

4. AWARD

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

i. This solicitation and the resulting Contract or 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, past performance 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.

iii. Neither this solicitation nor a Respondent’s Quote constitutes a legally binding offer;

therefore, responsiveness at the time of Quote submission is not an absolute criterion.

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 Intent to Award will be announced on Colorado VSS and Bidnetdirect.com///cdoc.

E. Documents After Award Prior to Contract or Purchase Order execution, the awarded Respondent must provide the State with proof of Good Standing with the Colorado Secretary of State (www.sos.state.co.us) and an insurance certificate documenting coverage as required by the Contract or Purchase Order.

5. GENERAL ADMINISTRATIVE INFORMATION

A. Colorado Vendor Self Service

This solicitation is being published on the Colorado Vendor Self Service page (Colorado VSS) at www.colorado.gov/vss, and Bidnetdirect.com//cdoc, so that Respondents who have an interest may submit a Quote to bidnetdirect.com//cdoc in accordance with the terms of this solicitation.

B. Modifications and/or Supplemental Information to The Solicitation

i. Any modifications, amendments or supplemental information to the solicitation will published on Colorado VSS and Bidnetdirect.com//cdoc. A modification notice will be published on Colorado VSS and Bidnetdirect.com//cdoc 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 and Bidnetdirect.com//cdoc 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. DQ Cancelation/Rejection of Quote(s)

i. In accordance with §24-103-301, C.R.S., and the related Procurement Rules, the State may cancel this solicitation, or any and all Quotes may be rejected in whole or in part, without penalty, at any time before a Contract or purchase order is executed, when it is in the best interest of the State. The reason and documentation supporting the decision to cancel the solicitation or reject Quote(s) shall remain confidential for the lesser of six months or until a Contract or purchase order is awarded by the State. Reference Procurement Rule R-24-101-401-05.

ii. If the solicitation is canceled after, Quotes are received, the Quotes that have been opened shall be retained in the procurement record, or if unopened, they will be disposed of, or returned to the Respondent upon request at the Respondents’ expense.

D. Modifications or Withdrawal of Quotes A Respondent may modify or withdraw its Quote by written notice to the Procurement Contact prior to the established Quote submission deadline. Withdrawal of a Respondent’s Quote following the Quote submission deadline and prior to award, may be allowed, in the State’s discretion. Withdrawal of a Respondent’s Quote after award is not allowed. Reference Procurement Rules R-24-103-201-08 and R-24-103-201-09.

http://www.sos.state.co.us/

E. Mistakes 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. Respondent Acceptance of Solicitation Terms/Respondent Quote Content

i. 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).

ii. The contents of the Quote of the awarded Respondent and any modifications to the Quote negotiated by the State included in the resulting Contract or Purchase Order will become contractual obligations. Failure of the awarded Respondent to accept these obligations may result in cancellation of the award to that Respondent.

H. 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.

I. Quote Response Material Ownership All material submitted in response to this solicitation becomes the property of the State.

J. Submission of Confidential or Proprietary Information

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

ii. A Respondent may submit, as a part of its Quote, a written request for classification of certain portions of the Quote as a trade secret or other confidential or proprietary information. Material for which the Respondent is requesting confidentiality shall be readily identifiable and separated from other portions of the Quote to facilitate public inspection of the non-confidential portion of the Quote. Commingling of confidential and non-confidential information is not acceptable. Neither price information nor any information that will be included in a resulting Contract or purchase order will be considered confidential.

iii. The Respondent must include the rationale for any request to classify portions as a trade secret or confidential or proprietary, including references to the authority that allows for such treatment.

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

v. In no event shall an entire Quote be classified as confidential. The Procurement Official or his or her designee shall determine if the information identified in the Respondent’s request is exempt from disclosure in accordance with §24-72-204, C.R.S., and shall inform the Respondent in writing of his or her determination. If the Respondent does not agree with the determination, the Respondent may protest the determination in accordance with article 109 of the Colorado Procurement Code and the terms of this solicitation.

Reference Procurement Rule R-24-101-401-03.

vi. Any additional Respondent information, which may be part of the evaluation/negotiation process and for which a Respondent claims confidentiality, is subject to the same requirements and processes identified above.

K. Modifications to State Contract

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

ii. Respondents are instructed to review the attached draft Contract and submit any proposed modifications or redlines with their Quote. The decision to reject, accept, or further negotiate any requested changes will be at State’s discretion. If a Respondent normally seeks counsel on Contract terms, they are advised to do so before submitting a Quote in response to this solicitation.

iii. In the event that a Respondent’s requested modifications violate State law, regulation, or policy, or would otherwise not be justifiable as being in the best interest of the State, the State may make a determination that a Respondent’s Quote is no longer acceptable and therefore ineligible for award. The section of the Contract identified as the Colorado Special Provisions are considered non-negotiable.

L. Conflicts of Interest/Ethics

i. The Respondent must disclose in its Quote any potential or actual conflict of interest in connection with a response to this solicitation. A conflict of interest may include, but is not limited to, access to any non-public information by the Respondent regarding the solicitation or its subject matter.

ii. The Respondent acknowledges that even the appearance of a conflict of interest may be harmful to the State’s interests. The Respondent shall disclose in its Quote whether there currently is, or potentially could be, the appearance of a conflict of interest regarding this solicitation, its staff, any proposed subcontractors or partners, or any related business with the State.

iii. Requirements set forth in this Section are continuing requirements throughout the solicitation process and, for the awarded Respondent, the Contract or Purchase Order term, including any extensions. Reference §24-18-201, C.R.S., et seq. (Proscribed Acts Related to Contracts and Claims); §24-50-507, C.R.S.(Conflict of Interest); §18-8-301, C.R.S., et seq. (Bribery and Corrupt Influence); §18-8-401, C.R.S., et seq. (Abuse of Public Office); §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992); §24-109-105, C.R.S .(Debarment and Suspension); and Procurement Rule R-24-101-107-01 (Ethics).

M. 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 CDOC Procurement Official within three (3) business days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Reference §24-109-102, C.R.S., as amended, and Procurement Rule R-24-109-102-01, et seq. Protests should be submitted in writing to the following:

Tina Fay Associate Director of Procurement Tina.m.fay@state.co.us

N. Performance Outside of Colorado Awarded Respondent, per Section 24-102-206, C.R.S., prior to contracting shall disclose in a written statement whether it anticipates performing or subcontracting any services under the contract, where such subcontracted services will be performed under the contract, including any subcontracts, and whether any subcontracted services under the contract or any subcontracts are anticipated to be performed outside the United States or the state. If the prospective respondent anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the respondent 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. Please see Exhibit E.

O. Service Disabled Veteran Owned Small Businesses (SDVOSB) (Ref. §24-103-905, C.R.S., Et Seq.)

i. SDVOSB Respondents must submit documentation of certification issued through the U.S. Department of veteran’s affairs in their Quote. §24-103-905 C.R.S. sets a SDVOSB goal of at least 3% of all contracts by dollar value by awarded to SDBOSB’s 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 SDBOSB by the Center for Verification and Evaluation within the United States Department of Veteran’s Affairs. See www.vip.vetbiz.va.gov.

P. Security Provisions

i. All CDOC correctional facilities have significant security requirements, which make it necessary for the contractor to communicate and coordinate work with CDOC staff for the efficient delivery of goods and services.

ii. All Contractor personnel who come onto CDOC property shall be subject to a CDOC criminal background check and shall be required to sign a “Consent to Search Authorization” form before CDOC shall permit access to any correctional facility.

iii. Approved individuals shall be subject to search of person or vehicle at any time while in any CDOC facility or on CDOC grounds.

iv. In the event of a facility disturbance or event, CDOC may temporarily detain the entry and exit of all traffic from the facility. All reasonable efforts shall be made to release the Contractor’s personnel and any equipment as quickly as possible while maintaining the security of the CDOC facility.

v. Cell phones, cameras, tablets, and laptops will be restricted on all CDOC properties.

Accommodations may be made if prior approval is requested at least 4 days in advance, subject to the discretion of the individual facility. East Canon Correctional Prison Complex does not allow cell phones, cameras, tablets, and laptops past checkpoint without prior authorization.

vi. No tobacco or vapes, weapons, or other contraband items will be allowed.

http://www.vip.vetbiz.va.gov/