IFB 25-043 RM, Loader Backhoe V2.docx
DOCX document 88 KB Posted
- Attached to
- Loader/Backhoe
- Solicitation number
- IFB 25-043 RM
- Issued by
- Denver County, Denver City, Colorado
About this file
The document is an Invitation for Bid (IFB) 25-043 RM for a Loader Backhoe, issued by the state of Colorado, seeking to procure a new 4-Wheel Drive Loader/Backhoe with an extendable dipper stick. The specification details requirements for a commercial-grade vehicle that meets specific Society of Automotive Engineers (SAE) standards, including J732, J31, J732C, J1349, J231, J386, J742B, J296, and J49. The equipment must be the most current model available, painted in the manufacturer's standard color, and include hydraulic cylinders with repack capability.
The solicitation emphasizes that all components must be designed to safely withstand maximum operational stresses and include standard equipment necessary for efficient operation. While specific pricing, quantities, response dates, and contract term details are not explicitly provided in the available document, the specification focuses on ensuring the procurement of a high-quality, commercially viable Loader/Backhoe that meets rigorous engineering and manufacturing standards. The technical requirements suggest a comprehensive approach to equipment procurement that prioritizes performance, safety, and reliability for municipal or state infrastructure and maintenance operations.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| IFB 25-043 RM, Loader Backhoe V3.pdf | ||
| POTermsConditions_AfterDecember2023.docx (5).pdf | ||
| IFB 25-043 RM, Loader Backhoe.pdf | ||
| Attachment A, loader Backhoe Specs.pdf | ||
| IFB 25-043 RM, Loader Backhoe V4.docx | DOCX document |
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Text version
SOLICITATION AND RESPONSE COVER SHEET
IFB 25-044 RM, Traffic Control Custom Bodies Per the attached specifications, terms and conditions.
INSTRUCTIONS: Offeror (bidder) must complete this cover sheet, and attach it with their proposal.
Bidders are urged to read the solicitation document thoroughly before submitting a proposal.
Submit Proposal to:
BidNet Direct
Help Desk 800-835-4603 / support@bidnet.com
Purchasing Agent:
Robert Mitchell Phone: (303) 512-4900 Robert.mitchell@state.co.us
Due Date:
14 November 2024
Time Due:
2:00 PM
Mountain Time
BIDDERS INFORMATION
| Biddres F.E.I.N.: | ||
| Payment Terms: | ||
| (Minimum of Net 30) |
Delivery Date:
Authorized Signature:
Signature acknowledges acceptance of all terms and conditions of the solicitation.
Typed/Printed Name and Title:
Legal Company Name:
Doing Business As:
Address:
| City: | |
| State: | |
| Zip: |
| Phone Number: | |
| Fax Number: |
Contact for Clarifications:
Title:
| Phone Number: | |
| Fax Number: |
E-mail Address:
Electronic Bid Submission: This solicitation is published via Rocky Mountain E-Purchasing, BidNet Direct. Suppliers must be registered with BidNet Direct in order to download solicitation documents and information (including any amendments or modifications) and to be considered responsive at the time of submission of the response. Bidders who have not registered on the BidNet Direct website, must register promptly to ensure they are able to submit a timely bid response. Information may be accessed through the BidNet Direct at: https://www.bidnetdirect.com/register. BidNet Direct’s Help Desk can be reached at 800-835-4603 or by email: support@bidnet.com Biddre to answer and acknowledges by its signature above:
· Confirm that you are aware that the award notice will be published on CDOT website: Yes
· My company is registered on BidNet, Direct: Yes / No
| · Proprietary Information: is in my response and as segregated pages: | Yes / | No |
| · Registered with the Colorado Secretary of State | No / | Yes, and # |
| · Biddres proposes using Subcontractors for this project: | Yes / | No |
· Biddres has reviewed Modifications made to this RFP – list the Modification # last reviewed:
· If claiming SDVOSB (Service Disabled Veteran Owned Small Business) attach proof of certification: Yes / NA
IFB 25-043 RM, Loader Backhoe
Please read this solicitation thoroughly before responding. Illegible responses may be rejected as non- responsive.
The Colorado Department of Transportation (CDOT) reserves the right to reject any and all proposals or parts thereof, and to waive informalities or irregularities. By submission of a proposal, the proposer agrees to the State of Colorado terms and conditions.
By submission of a proposal, bid and/or quote, proposer agrees as follows:
· Except as replaced, modified, or supplemented by CDOT for this solicitation, all items in the State of Colorado Solicitation Instructions/Terms and Conditions are considered part of, and are incorporated by reference into this document.
· Proposer testifies that bid prices were arrived at independently and there was no collusion involved.
· The Bidder/Proposer/Vendor guarantees to the State that they understand and agree to the terms and conditions of this solicitation and that they will not default from performance by virtue of a mistake or misunderstanding. Proposers shall seek clarification from CDOT of any specifications, terms and/or conditions that they determine to be unclear. The failure of a proposer to seek clarification may be deemed a waiver of any such clarification.
· Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the Colorado Division of Higher Education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller.
NOTE: Results will be posted on CDOT Procurement’s Bid Log: https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymLmgiL_8mrI/edit#gi d=1184857721 or email but will not be discussed by phone except as noted in the solicitation document.
1. INTRODUCTION:
On behalf of the State of Colorado, the Colorado Department of Transportation (CDOT), is issuing this Invitation for Bid for: Loader Backhoe
2. BACKGROUND, OVERVIEW AND GOALS:
It is the intent of this specification to describe a Loader/Backhoe with 4Wheel Drive with extendable dipper stick. Materials used shall be at least minimum standards and of a quality used commercially, conforming to current engineering and manufacturing practices. All components of this Loader/Backhoe shall be of proper design to safely withstand maximum stresses imposed. Any attachments, accessories, tools or other components normally furnished as standard equipment and necessary to the efficient operation of this Loader/Backhoe shall be furnished. The Loader/Backhoe shall meet or exceed the following specifications and shall conform to SAE definitions as expressed in standards J732, J31, J732C, J1349, J231, J386, J742B, J296, J49 where applicable. Shall be new and most current model available. Shall be painted in manufacturer color. All hydraulic cylinders shall have repack capability.
3. SCHEDULE OF ACTIVITIES:
3.1 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 Standard Time (MST), as adjusted for daylight savings.
3.2
| Activity |
| Date |
| Time |
| 1 |
| Solicitation Published via BidNet |
| 10/31/2024 |
| N/A |
| 2 |
| No Mandatory Pre Bid meeting |
N/A
Written Inquiries Deadline Written inquiries will be submitted in bidnet only, emails will not be accepted.
https://www.bidnetdirect.com/register
11/06/2024
5:00 p.m.
| 4 |
| Response to written inquiries; will be posted to BidNet. (Estimated) |
| 11/08/2024 |
| 5:00 p.m. |
Bid Submission Deadline Sealed bids must be submitted in the method described in Section 7.
11/14/2024
2:00 p.m.
Public opening of bids 1-860-800-9248 using PIN 164 625#.
11/14/2024
3:30 p.m.
| 7 |
| Notice of Intent to Award Published on BidNet (Estimated) |
| 11/20/2024 |
| N/A |
| 7 |
| Contract/Purchase Order Execution (Desired) |
| 11/22/2024 |
| N/A |
4. SOLE POINT OF CONTACT:
4.1 The Procurement Contact for this solicitation is:
Robert Mitchell Purchasing Agent Email: robert.mitchell@state.co.us Phone: 303-757-9618
4.2 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 Bidders disqualification.
5. PREBID/BIDDER INQUIRIES:
5.1 There will be no mandatory pre-bid meeting.
5.2 Bidders may submit written inquiries via bidnet concerning this solicitation to obtain clarifications. The State, in its sole discretion, may not accept inquiries received after the date and time indicated in the Schedule of Activities. Send all inquiries to the Procurement Contact identified in Section 4.1. Inquiries must be clearly marked with the IFB number and title. Where appropriate, inquiries should include references to any relevant Section/paragraph of the solicitation.
5.3 Questions and Answers:
There will be a question-and-answer period. All questions must be submitted in writing by submission to Purchasing Agent via email, no later than the time listed above. It will be the bidder’s responsibility to read the modifications and submit signature pages reflecting the modifications.
5.4 Responses to Bidder’s inquiries will be published on BidNet collectively, as a modification to the solicitation. Bidders 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.
6. MODIFICATIONS:
6.1 Any modifications or changes to this solicitation will be published on BidNet Direct. It is solely the responsibility of the Bidder to monitor the site for any changes. It is the Bidder’s sole responsibility to check BidNet on a regular basis, prior to the bid submission deadline, as this is the primary means for communicating any clarifications or changes to solicitation content, timeline and/or requirements.
6.2 Deviation from these specifications during the bid process, or changes to the price agreement resulting from this solicitation, will not be allowed unless previously authorized, in writing only, by a modification to the solicitation or price agreement issued from the CDOT Center for Procurement and Contract Services.
7. IFB BID SUBMISSION:
7.1 Complete Solicitation Instructions/Term and Conditions that apply to this solicitation and subsequent award can be found on the CDOT website.
7.2 Responses to this solicitation MUST be received no later than the stated IFB Bid Submission Date and Time.
7.3 Submissions will only be accepted through BidNet. Hard copy or bids emailed to the Purchasing agent will not be accepted.
7.4 Late bids will not be accepted.
7.5 All responses require the return of the completed IFB Pricing and Submission Form. The IFB Pricing and Submission Form must reflect all Modifications to this IFB.
7.6 IFB Pricing and Submission Form must be signed by an individual with express authority to bind the bidding company.
7.7 Bidders are advised to submit bids no later than one hour prior to the Bid Submission Deadline to ensure the bid has been received.
7.8 A Bid received after the submission deadline shall not be opened and shall be rejected as a late bid, unless otherwise permitted by the Procurement Official in accordance with Procurement Rule R-24-103-201-10.
7.9 Responsibility for ensuring that a Bidder's bid is received on time rests with the Bidder. Reasonably foreseeable problems inherent in the delivery of bids are not extraordinary circumstances permitting acceptance of late bids.
8. BID OPENING:
8.1 The formal bid opening for this solicitation will be held via conference call on Tuesday or Thursday, at 3:30 pm immediately following the closing of this solicitation. Attendees to the conference may call in at 1-860-800-9248 using PIN 164 625#. See Schedule of Activities for additional information.
8.2 Awards will be posted on the CDOT Solicitation Log after determination is completed. The State will prepare a register of bids, which shall include the name and amount of the bid submitted by each Bidder once an award has been made.
9. AWARD:
9.1 CDOT will award this solicitation and enter into an executed State of Colorado, Department of Transportation CDOT Cooperative Purchasing Agreement. This solicitation will be awarded to one bidder.
9.2 The initial term of the CDOT Cooperative Agreement order shall be 1 year. Initial term of the Purchase Order shall be from date of execution through the initial term of the award. If a Purchase Order, at its sole discretion, the State, upon written notice to the Contractor, may unilaterally renew the term of the Purchase Order for four (4) additional terms of 1 year, including, but not limited to prices, rates and service delivery requirements.
9.3 Bidder agrees to deliver under this solicitation for the full initial term and any renewals.
9.4 Prior to Contract execution, the awarded Bidder must provide the State with Proof of Good Standing with the Colorado Secretary of State and an insurance certificate documenting coverage according to PO Terms and Conditions of Attachment C. Bidders do not need to submit these documents unless they are awarded this solicitation.
9.5 In accordance with section 24-110-201, C.R.S., the award under this solicitation will be a cooperative purchasing agreement available for use by the State Agency issuing this solicitation and other State and local Agencies and Political Subdivisions, including, but not limited to, city and county government entities, public utilities, public schools districts, and State Institutions of Higher Education, on the terms, conditions and rates set forth in the cooperative purchasing agreement. Each agency or entity ordering goods or services under the contract will be responsible for all costs and expenses incurred in connection with its orders.
10. PURCHASE ORDER (PO) TERMS AND CONDITIONS:
“Attachment C” of this solicitation are sample State of Colorado, Department of Transportation PO Terms and Conditions. Bidders submit proposals understanding all PO Terms and Conditions are mandatory and no negotiations of those terms will be invited. Submittal of a bid is agreement to the entire PO Terms and Conditions without exception, unless CDOT brings forward modifications for negotiation. Under no circumstances shall the Bidder submit its own boilerplate of terms and conditions.
11. ALTERNATES:
Will not be considered.
12. BID EVALUATION:
12.1 CDOT will be the sole judge in determining the acceptability of an offer and reserves the right to award the bid in the best interest of the State.
12.2 Award shall be made to the Bidder who is determined to be the lowest responsible and responsive Bidder whose bid meets the requirements and criteria set forth in this solicitation.
12.3 Award shall be subject to specification verification. Following determination of acceptability of goods or services, bids shall be evaluated to determine which Bidders offer the lowest cost to the State in accordance with the specifications of this solicitation.
12.3 Discussions with bidders are permitted only if there has been a mistake in bids in accordance with Procurement Rule R-24-103-201-08.
12.4 A contract may not be awarded to an Bidder submitting a higher quality item than that designated in this solicitation unless such Bidders is also the lowest bidder as determined by value analysis or life cycle cost formulas as permitted in section 24- 103-202, C.R.S., and Procurement Rule R-24-103-202-02.
12.5 Resident Bidder Preference (See §24-103-906 C.R.S., et seq.) Except as otherwise provided, a Colorado resident bidder shall be allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident. If it is determined by the State that compliance with this section may cause denial of federal moneys which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.
12.6 Low Tie Bids shall be decided in accordance with the provision of CRS 24-103-902, as it currently exists or is hereafter amended, which give a preference to resident bidders. Any Supplier who wishes to be considered a "Resident Bidder" for purposes of the tie bid procedure provided in this section shall include with their bid proof that he/she meets the definition of Resident Supplier. If two or more responsible, responsive bids are tied as the lowest bids, the State shall follow the procedures as described in §24-103-902, C.R.S., et seq., which provide a preference to resident bidders.
12.7 Service Set Asides CRS 24-103-801 thru 806 established a set aside program for certain qualified nonprofit agencies (Disability Set Aside Suppliers) that bid for State of Colorado services solicitations when the nonprofit employs persons with severe disabilities. The Guidance states that, “State Agencies must solicit bids first from the service set aside list before soliciting elsewhere.
12.8 Environmentally Preferable Purchasing (See §24-103-904, C.R.S., et seq.) Bidders responding to this solicitation may seek to qualify for the preference and governmental bodies conducting this solicitation shall award a contract to a bidder who offers environmentally preferable products subject to the conditions in the Code and Procurement Rules.
12.9 Service Disabled Veteran Owned Small Business (SDVOSB), In accordance with Procurement Code CRS 24-103-905; An Bidder claiming status as a service disabled veteran owned small business must identify itself as such in its proposal and provide documentation of its certification from the United States Department of Veteran Affairs with its bid response. SDVOSB Bidders must submit documentation of certification issued through the U.S. Department of Veterans affairs in their bid. §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 Center for Verification and Evaluation within the United States department of veteran’s affairs. See www.vip.vetbiz.va.gov.
12.10 Preference for State Agricultural Products (See §24-103-907 C.R.S., et seq.) In a solicitation for agricultural products, the State shall provide a preference to a resident bidder as described in §24-103-907 C.R.S., et seq.
12.11 Recycled Plastic Preference (See §24-103-909 C.R.S., et seq.) A bidder who has used recycled plastics in the manufacture of the commodity or supplies described in this bid shall be allowed a preference of up to five percent for finished products that contain no less than ten percent recycled plastics. If it is determined by the State that compliance with this section may cause denial of federal moneys which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.
13. NON-RESPONSIVE:
13.1 Failure to complete and submit all forms reflecting any and all Modifications or to follow any instructions in this solicitation will cause the bid to be considered non- responsive.
13.2 Exceptions taken by any Bidder may cause their bid to be considered non-responsive. The State will be sole judge of what constitutes an allowable exception, and then only if the basic requirements of the specification are essentially unaltered.
13.3 Any requests to change the State’s Terms and Conditions will cause the bid to be considered non-responsive.
13.4 By submitting a bid, Bidder agrees that CDOT reserves the right to accept or reject any alternate bids if allowed for in the solicitation.
13.5 Illegible responses will be rejected as non-responsive.
13.6 Exceptions taken by any bidder may cause a bid to be considered non-responsive. Exceptions will be allowed only if the basic requirements of the specification are essentially unaltered. The State will be sole judge of what constitutes an allowable exception.
14. FAILURE TO RENDER SERVICE/CANCELLATION:
In the event the awarded Supplier fails to deliver goods or render service as stated, the State of Colorado reserves the right to cancel this IFB and any award thereof, by written notification. In the case of cancellation, the State reserves the right at its sole discretion to award to another Bidder, to re-bid the items, or to implement other solutions to assure a continued delivery of goods and/or services.
15. DOING BUSINESS IN COLORADO:
Vendors wanting to do business in Colorado must register with the Colorado Secretary of State in accordance with CRS 7-90-801. This is the link for the Colorado Secretary of State’s website at http://www.sos.state.co.us . (Recommend going to the “Business Center” section, then opening the “Business Home” page, under the “General Information” section, review the FAQs.)
16. INSURANCE:
The awarded Bidder 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 Attachment C, prior to execution of the Purchase Order.
17. 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
Section §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.
18. PROTESTED SOLICITATIONS AND AWARDS:
Per Title 24 Article 109 CRS. Reference §24-109-102, C.R.S., as amended, and Procurement Rule R-24-109-102-01, et seq. 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 bid. Any actual or prospective proposer or contractor who is aggrieved in connection with the solicitation or award of a contract may protest. The protest shall be submitted in writing within ten (10) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto to the CDOT Procurement Official at molly.mcloughlin@state.co.us. Protests received after the ten (10) -working-day period shall not be considered. The written protest shall include, as a minimum, the following:
a. The name and address of the protestor;
b. Appropriate identification of the procurement by bid or award number;
c. A statement of the reasons for the protest; and
d. Any available exhibits, evidence or documents substantiating the protest.
14. STATEMENT OF WORK:
See Attachment A for a full Statement of Work.
15. FIRM PRICING:
15.1 Pricing must remain firm and valid for the initial term of the award, in cases where a Cooperative Agreement is utilized, a price increase to vendor rates will only be considered at the time of yearly renewal.
15.2 Pricing to be submitted in the specified Unit of Measure.
15.3 All pricing submitted for bid evaluation must be rounded up or down to the nearest whole cent. Prices shall not exceed two decimal places (example $5.32). All pricing on the invoice must be in line with the bid price and may not exceed two decimal places.
15.4 Pricing must include any fees associated with the delivery of the goods or services, including, but not limited to, shipping and installation. Pricing must be all-inclusive (freight charges included). No extra charges will be allowed.
15.5 Where applicable, a successful contractor will be responsible for all fees, permits, bonds, insurance requirements per attached schedule, meeting State and Local codes, site visit, site safety, daily cleanup and final cleanup of the area. (SERVICES ONLY)
15.6 Pricing must be submitted in U.S. Dollars.
16. SINGLE BID:
If only one bid is received in response to a solicitation, an award may be made to the single bidder if the procurement official finds that the price submitted is fair and reasonable and that other prospective Bidders had reasonable opportunity to respond. Reference Procurement Rule R- 24-103-201-02(d).
17. SOLICITATION CANCELATION/REJECTION OF BID(S)
| 17.1 | In accordance with §24-103-301, C.R.S., and the related Procurement Rules, the State may cancel this solicitation, or any and all bids 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 bid(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. |
| 17.2 | If the solicitation is canceled after bids are received, the bids that have been opened shall be retained in the procurement record, or if unopened, they will be disposed of, or returned to the Bidders upon request at the Bidders’ expense. |
18. MODIFICATIONS OR WITHDRAWAL OF BIDS
An Bidder may modify or withdraw its bid by written notice to the Procurement Contact prior to the established bid submission deadline. Withdrawal of a Bidder's bid following the bid submission deadline and prior to award, may be allowed, at the State’s discretion. Withdrawal of a Bidder's bid after award is not allowed. Reference Procurement Rules R- 24-103-201-08 and R-24-103-201-09.
19. MISTAKES AND MINOR INFORMALITIES IN BIDS
In certain circumstances, a Bidder may correct a mistake(s) in its bid and/or the State may waive minor informalities. Reference Procurement Rule R-24-103-201-08.
20. NEWS RELEASES AND ANNOUNCEMENTS
Bidders shall not issue any news releases, communications or announcements of any kind pertaining to this solicitation, without prior written approval by the State.
21. BID ACCEPTANCE OF SOLICITATION TERMS/ BID CONTENT
| 21.1 | An Bidder’s bid submitted in response to this solicitation shall constitute a binding offer. The signature of the Bidder shall indicate acknowledgment of this condition. Signature shall be that of a person legally authorized to execute contractual obligations. The bid, including pricing, shall allow for a minimum of 180 calendar days for acceptance by the State, unless otherwise specified in this solicitation. Reference Procurement Rule R- 24-103-201-11(d). |
| 21.2 | The contents of the bid of the awarded Bidder will become contractual obligations under the awarded Contract or purchase order. Failure of the awarded Bidder to accept these obligations may result in cancellation of the award to that Bidder. |
22. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
By its signature on the cover page, the Bidder certifies that the prices and other terms in the bid have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the bid by any other competing Bidders. 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 catalogs made available to the public by the competing Bidders. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for restricting competition. Reference §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992) as amended.
23. BID RESPONSE MATERIAL OWNERSHIP
All material submitted in response to this solicitation becomes the property of the State.
24. COMPLIANCE WITH FEDERAL REQUIREMENTS:
When a procurement involves the expenditure of federal assistance or federal contract funds, the Procurement Official shall comply with the appropriate federal law and the rules and regulations promulgated pursuant to such law which are mandatorily applicable.
25. SUBCONTRACTING:
CDOT may award a single contract or multiple contracts. Subcontracting will be allowed under the resulting award(s). Awarded vendors will be the Prime Contractor and will be fully accountable to CDOT for assuring that its subcontractors comply with all terms of the contract between CDOT and the Prime Contractor.
26. EQUAL OPPORTUNITY AND NON-DISCRIMINATION:
CDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
27. SUBMISSION OF CONFIDENTIAL/PROPRIETARY INFORMATION:
All material submitted in response to this IFB will become subject to the Colorado Open Records Act, C.R.S Section 24-72-201 et. Seq. Any material requested to be treated as proprietary or confidential must be clearly identified and easily separable from the rest of the bid, i.e., uploaded in a separate file. Such a request must include the bidder’s justification for the material to be treated as proprietary or confidential. The request will be reviewed and either approved or denied by the CDOT Purchasing Director. If denied, the bidder will have the opportunity to withdraw its entire bid. A bidder may submit, as a part of its solicitation response, a written request for classification of certain portions of the response as trade secrets or other confidential or proprietary information. Material for which confidentiality has been requested shall be readily identifiable and separable from other portions of the solicitation to facilitate public inspection of the non- confidential portion of the solicitation response. In no event shall an entire solicitation response be classified as confidential. The procurement official or his or her designee shall determine if the information identified in the request is exempt from disclosure in accordance with section 24-72-204, C.R.S., and shall inform the bidder in writing of his or her determination. If the bidder does not agree with the determination of the procurement official or his or her designee, the bidder may protest the determination in accordance with article 109 of the code. NEITHER COST NOR PRICING INFORMATION NOR A TOTAL BID WILL BE CONSIDERED PROPRIETARY. If any of the materials submitted by the Vendor to CDOT are clearly and prominently labeled trade secret, privileged information, or confidential commercial, financial, geological, or geophysical data by the Contractor, CDOT will endeavor to advise the Contractor of any request for the disclosure of such materials prior to making any such disclosure. Under no circumstances, however, will CDOT be responsible or liable to the Contractor or any other Person for the disclosure of any such labeled materials, whether the disclosure is required by law, by court order or occurs through inadvertence, mistake or negligence on the part of CDOT.
28. USE OF CDOT BID SUBMISSION FORM:
Vendors must submit their pricing only using the form contained in Section 31 of this document. Failure to submit pricing utilizing the form in Section 31 of this document will result in a bid being considered non-responsive. In addition, vendors may not submit additional quotations, specifications, or documentation that are not specifically requested in this solicitation.
29. VENDOR PERFORMANCE:
Contractor understands that, if awarded the Solicitation, they will be subject to 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 Performance will be conducted on an annual basis. Each evaluation area will be rated as follows: Above Standard, Standard, or Below Standard. The areas of evaluation will be:
· Quality of Work: Vendor consistently achieved desired outcomes with a minimum of avoidable errors and problems. Work met the requirements, expectations, or desired outcomes. The work was accurate and complete. The work was done in an efficient and effective manner.
· Timeliness of Work: Work is done at the right time or an appropriate time as agreed to under contract.
· Price/Budget of Work: The forecasted costs were close or identical to billed costs. Costs were managed effectively. Costs needed to be renegotiated to meet contract requirements. The value received supported costs.
· Business Relations: Vendor was professional, responsive, and proactive. Vendor was reliable and managed the project effectively.
30. PERFORMANCE OUTSIDE OF COLORADO:
Awarded Bidder, 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 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.
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PRICE SUBMISSION FORM
31. BIDDER PRICING SCHEDULE:
Bidder is required to supply pricing for the following items. Estimated quantities for evaluation purposes only. CDOT does not guarantee quantities to be purchased.
| Make and Model of Unit Offered |
| Price Each $ |
32. DELIVERY OF GOODS:
Delivery of goods in a timely manner is critical to the operations and maintenance of CDOT. Therefore, as part of your bid, confirm below the expected delivery date or delivery time period after receipt of Purchase Order:
Confirm Goods Delivery Time:
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SERVICE DISCLOSURE FORM (SERVICES ONLY)
33. VENDOR DISCLOSURE STATEMENT:
In compliance the Contractor Performance Outside the United States or Colorado, CRS 24- 102-206, the awarded Supplier is required to disclose information on where the services will be performed under this award.
Indicate percent and value of Services Performed:
Outside Colorado - % $ value
Outside United States - % $ value
Independent contractor information.
Please select Yes, No, or NA (Not applicable) for each question.
| YES |
| NO |
| NA |
Is the State the only client the contractor works with?
Is the contractor registered with the Secretary of State’s Office and/or the IRS to conduct business as an independent contractor?
Does the contractor hire retired state employees to perform the work?
Does the contractor have their own place of business?
Does the contractor offer services to the general public and have other clients?
Does the contractor need to be trained by the State to be able to provide the service?
Does the contractor determine how and when the services will be performed?
Does the contractor work on state property?
Does the State control the route or location where the work must be performed?
Does the State provide the contractor with equipment, tools or materials to conduct the work?
Does the contractor have unemployment and workers’ compensation insurance?
Does the contractor have direct daily control over state employees?
Is your company a sole proprietor?
Does the contractor bill by an hourly rate?
Does the contractor bill by a lump sum?
Is your company a sole Proprietor?
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