IFB 26-026 RM - John Deere Construction P@S.pdf

IFB 26-026 RM, John Construction Deere OEM P@S

Invitation for Bid

IFB 26-026 RM:

John Deere Construction OEM P@S

SOLICITATION AND RESPONSE COVER SHEET

IFB 26-026 RM, John Construction OEM Deere P@S

Per the attached specifications, terms and conditions.

INSTRUCTIONS: Offeror (bidder) must complete this cover sheet and attach it with their proposal.

Offerors 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:

Name: Robert Mitchell Email: robert.mitchell@state.co.us

Due Date: October 21, 2025 Time Due: 2:00 PM Mountain Time

Bidders Information Bidders 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:

Bidder 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 #________________________

- Bidders proposes using Subcontractors for this project: _____Yes / ____No

- Bidders 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

https://www.bidnetdirect.com/register mailto:support@bidnet.com https://www.codot.gov/business/procurement-and-contract-services/cdot-supplier-information

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, proposer agrees to the State of Colorado terms and conditions.

By submission of a proposal, bid and/or Bid, 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.

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TABLE OF CONTENTS

INVITATION FOR BID

TABLE OF CONTENTS

1. SOLICITATION INFORMATION

A. Introduction B. Background, Overview and Goals C. Anticipated Term D. Schedule of Activities E. Procurement Point of Contact F. Respondent Inquiries

2. REQUIREMENTS

A. Accessibility Requirements B. Insurance Requirements

3. SCOPE OF WORK/SPECIFICATIONS

4. BID SUBMISSION INFORMATION

A. Bid Submission Instructions B. Timeliness of Bid Submission C. Bid Format and Content D. Pricing E. Public Opening of Bids

5. AWARD

A. Bid Evaluation and Award B. Single Bid C. Notice of Award

D. Documents After Award

6. GENERAL ADMINISTRATIVE INFORMATION

A. BidNet Direct B. Modifications and/or Supplemental Information to the Solicitation C. Solicitation Cancellation and/or Rejection of Bids D. Modifications or Withdrawal of Bids E. Mistake and Minor Informalities in Respondent Bids F. News Releases and Announcements G. Legally Binding Offer H. Respondent Bid Content I. Bid Response Material Ownership J. Certification of Independent Price Determination K. Submission of Confidential or Proprietary Information L. Modifications to the State Contract M. Ethics and Conflicts of Interest N. Protested Solicitations and Awards

IFB 26-026 RM, John Deere Construction P@S Page 2 of 19

O. Performance Outside of Colorado P. Service Disabled Veteran Owned Small Businesses (SDVOSB) (ref. §24-103-905, C.R.S., et seq Q. Vendor Assistance

7. PREFERENCES

A. Low Tie Bids (See §24-103-902, C.R.S., Et Seq.)

B. Environmentally Preferable Purchasing (See §24-103-904, C.R.S., Et Seq.)

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

D. Resident Bidder Preference (See §24-103-906 C.R.S., Et Seq.)

E. Preference for State Agricultural Products (See §24-103-907 C.R.S., Et Seq.)

F. Recycled Plastics Preference (See §24-103-909 C.R.S., Et Seq.)

Appendices Appendix A - Scope of Work Appendix B - CDOT Price Agreement Template Appendix C - State of Colorado PO Terms and Conditions Appendix D – Service Disclosure Form https://osc.colorado.gov/state-of-colorado-purchase-order-terms-and-conditions#T&Cs

IFB 26-026 RM, John Deere Construction P@S Page 3 of 19

1. SOLICITATION INFORMATION

A. Introduction

On behalf of the State of Colorado, Colorado Department of Transportation (CDOT) is issuing this Invitation for John Deere Construction Equipment Parts and Services.

B. Background, Overview and Goals

THE INTENT OF THIS SOLICITATION IS TO ENTER INTO MULTIPLE AGREEMENTS TO

AFFORD THE COLORADO DEPARTMENT OF TRANSPORTATION WITH STATEWIDE, OEM

AUTHORIZED PARTS & REPAIR SERVICES FOR CDOT EQUIPMENT. CDOT INTENDS TO

AWARD THIS SOLICITATION TO ALL FIRMS THAT ARE SPECIFICALLY AUTHORIZED BY THE

OEM TO REPRESENT THE EQUIPMENT IN THE SOLICITATION.

C. Anticipated Term

i. The initial term of the Contract shall be one (1) year. Initial term of the

Contract shall be from date of execution through the initial term of the award.

If a contract, at its sole discretion, the State, upon written notice to the

Contractor, may unilaterally renew the term of the Contract for four (4) additional terms of 1 year, including, but not limited to prices, rates and service delivery requirements. The total duration of the Contract, including all options, is not anticipated to exceed five (5) years.

ii. Contractor agrees to deliver under this solicitation for the full initial term and any renewals.

iii. The State may extend the Contract beyond the anticipated term in accordance with the Colorado Procurement Code, and if the State determines an extension is necessary. CDOT may elect to renew services annually contingent upon: (1) the results and recommendations generated through this contract; (2) the

State’s satisfaction and acceptance of the selected Contractor’s services and deliverables upon completion of each anticipated contract year; and (3) availability of funding to continue services.

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iv. The State may, within its sole discretion, choose not to exercise any option or extension term in the Contract for any reason. If the State chooses not to exercise any option or extension term, it may re-procure the goods and/or services in its sole discretion.

v. The State is not responsible for any goods delivered or services performed by the awarded Respondent without a State issued Contract or 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.

a. The date for publication for this solicitation on BidNet Direct is October 2nd

b. Written inquiries must be submitted via BidNet Direct no later than

October 9th 2025

c. The estimated date for the State’s responses to vendors’ written inquiries to be published on BidNet Direct is 14 October 2025

d. All Bids must be submitted in the method described below no later than

October 21, 2025

e. Bid Opening will be Conference call phone number is 1-412-453-6589 using

PIN 653 783 684#.

f. The estimated date for award selection and notification is October 24 2025

g. The desired Contract date is October 28 2025

E. Procurement Point of Contact

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i. The State’s sole point of contact for this solicitation is Robert Mitchell, Purchasing Agent, who may be reached via email at robert.mitchell@state.co.us.

F. Respondent Inquiries

i. Respondents may submit written inquiries via BidNet Direct concerning this solicitation to obtain clarifications. The State, in its sole discretion, may or may not accept inquires received after the date and time indicated on the Schedule of Activities. Inquiries emailed directly to the purchasing agent will not be accepted or responded to.

ii. Send all inquiries through the BidNet Direct platform. 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 inquires will be published on BidNet Direct 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.

B. Insurance Requirements

IFB 26-026 RM, John Deere Construction P@S Page 6 of 19

i. 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 C, prior to execution of the Purchase

Order. The Purchase Order Terms and Conditions are included as an attachment and are included as a web link as part of the Table of Contents.

C. Mandatory/Minimum Requirements

i. All Mandatory and Minimum requirements are included in the Statement of Work as Appendix A to this solicitation in addition to all requirements outlined in this solicitation document. Please refer to Appendix A – Statement of Work for all specifications and details for qualification for your bid proposal.

3. SCOPE OF WORK/SPECIFICATIONS

i. The entire Statement of Work is included as a separate document as Appendix

A and shall be the primary document reference for all specifications and requirements for bid submission.

ii. The solicitation bid submission must include all documents as outlined in Section

4.A-D of this solicitation document.

4. BID SUBMISSION INFORMATION

A. Bid Submission Instructions

i. Respondents shall submit bids electronically using an online submission application, BidNet Direct. Hard copy submissions will not be accepted. To use the online submission application, download solicitation documents and access solicitation information, Respondents must register with BidNet Direct (SOVRA) at:

https://www.bidnetdirect.com/register. BidNet Direct’s Help Desk can be reached at 800-835-4603 or by email at: support@bidnet.com.

B. Timeliness of Bid Submission mailto:support@bidnet.com

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i. 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.

ii. Responsibility for ensuring that an Offeror’s bid is received on time rests with the

Offeror. Reasonably, foreseeable problems inherent in the delivery of bids are not extraordinary circumstances permitting acceptance of late bids.

C. Bid Format and Content

i. All responses require the following documents to be completed and returned in one combined file:

a. Solicitation and Response Cover Sheet (2 Pages). The Solicitation and

Response Cover Sheet must be signed by an individual with express authority to bind the bidding company.

b. Certificate of Insurance as outlined in Appendix C – Purchase Order Terms and Conditions

c. Appendix D-Service Disclosure Form

ii. Failure to submit all of the above items may result in bid submission being considered non-responsive.

D. Pricing

i. Proposed pricing must remain firm during the initial term of the Contract or the entire term of the Purchase Order.

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

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iii. Bid pricing shall be submitted using the Price Submission form presented in exhibit A – Scope of Work. Failure to submit pricing utilizing the Price

Submission Form will result in the solicitation response being considered non-responsive. Respondents may submit alternate items; all alternate items must be approved by CDOT and meet the minimum specifications listed in the bid spec.

E. Public Opening of Bids

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 1-412-453-6589 using PIN 653

783 684#. Only the names of companies who submitted a bid will be shared at this time. Pricing will be disclosed and posted to the Solicitation Log on the Bid Tab after responsiveness is determined by the Purchasing Agent.

5. AWARD

A. Bid Evaluation and Award

i. The awards shall be made to the lowest responsible and responsive bidders

(Offerors) whose bid meets the requirements and criteria set forth in this solicitation. It is the intent of CDOT to award multiple bidders from this solicitation in the attempt to get Statewide coverage.

ii. Following determination of acceptability of goods or services, bids shall be evaluated to determine which Offerors’ offer the lowest cost to the State in accordance with the specifications of this solicitation.

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iii. Discussions with bidders (Offerors) are permitted only if there has been a mistake in bids in accordance with Procurement Rule R-24-103-201-08.

iv. In the event an evaluation based on value analysis or other cost formulas will be used, this information must be included in this solicitation.

v. A contract may not be awarded to an Offeror submitting a higher quality item than that designated in this solicitation unless such Offeror 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.

vi. The provisions of Section 24-103-904, C.R.S., which require a preference for environmentally preferable products, apply to this solicitation. See Preferences in Section 6.B. for additional information.

B. Single Bid

If only one bid is received in response to a solicitation, an award may be made to the single bidder (Offeror) if the procurement official finds that the price submitted is fair and reasonable and that other prospective Offerors had reasonable opportunity to respond. Reference Procurement Rule R- 24-103-201-02(d).

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C. Notice of Award

A notice of the intent to award will be announced on BidNet Direct. Results will not be given by phone. Allow a minimum of 10 days after bid submission date for posting of award notice on Solicitation Log at:

https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymL mgiL_8mrI/edit?gid=1558168200#gid=1558168200

D. 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 and an insurance certificate documenting coverage as required by the Contract or

Purchase Order. Offerors do not need to submit these documents unless they are awarded this solicitation.

6. GENERAL ADMINISTRATIVE INFORMATION

A. BidNet Direct

i. This solicitation is being published on BidNet Direct so that Offerors who have an interest may submit a proposal in accordance with the terms of this solicitation.

a. Vendors can self-register for this system free of charge, on the BidNet

Direct website at www.bidnetdirect.com and click on Vendor Registration.

The State also recommends that interested vendors check BidNet Direct on a regular basis throughout this solicitation process.

B. Modifications and/or Supplemental Information to Solicitation

i. Any modifications, amendments or supplemental information to the solicitation will be published on BidNet Direct. A modification notice will be published on

BidNet Direct if it becomes necessary to revise any part of this solicitation.

https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymLmgiL_8mrI/edit?gid=1558168200#gid=1558168200 https://docs.google.com/spreadsheets/d/1Rt5KRPWVhstqbOEmFjTe0EuHpAHVIsrymLmgiL_8mrI/edit?gid=1558168200#gid=1558168200 https://www.bidnetdirect.com/ http://www.bidnetdirect.com/

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ii. It is the Respondent’s sole responsibility to check BidNet Direct 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.

C. Solicitation Cancellation and/or Rejection of Bids

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.

i. 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 Respondent upon request at the Respondents’ expense.

D. Modifications or Withdrawal of Bids

A Respondent may modify or withdraw its Bid by written notice to the Procurement

Contact prior to the established Bid submission deadline. Withdrawal of a

Respondent’s Bid following the Bid submission deadline and prior to award, may be allowed, in the State’s discretion. Withdrawal of a Respondent’s Bid after award is not allowed. Reference Procurement Rules R-24-103-201-08 and R-24-103-201-09.

E. Mistakes and Minor Informalities in Respondent Bids

In certain circumstances, a Respondent may correct a mistake(s) in its Bid 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.

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G. Legally Binding Offer

An Offeror’s bid submitted in response to this solicitation shall constitute a binding offer. The signature of the Offeror 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).

H. Respondent Bid Content

The contents of the Bid of the awarded Respondent and any modifications to the Bid 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.

I. Bid 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 Bid and its signature on the Solicitation and Response Cover Sheet, the Respondent 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 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 Bid 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

IFB 26-026 RM, John Deere Construction P@S Page 13 of 19 seq., Colorado Open Records Act.

ii. A Respondent may submit, as a part of its Bid, a written request for classification of certain portions of the Bid as a trade secret or other confidential or proprietary information. Written request for confidentiality shall be electronically submitted directly to the Purchasing Agent listed in this solicitation no less than 48 hours in advance of proposal submission date and deadline. In the subject line of the e-mail to the Purchasing Agent the

Respondent shall place “REQUEST FOR CONFIDENTIAL/PROPRIETARY

INFORMATION – (BID NUMBER)”. This has no bearing on the proposal submission deadline, which will remain unchanged. Material for which the Respondent is requesting confidentiality must be clearly identifiable and separated from other portions of the Bid, i.e., uploaded in a separate file, to facilitate public inspection of the non-confidential portion of the Bid. 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 justification and 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 Bid response should also be included along with an unredacted Bid and confidentiality justification.

v. In no event shall an entire Bid be classified as confidential. NEITHER COST NOR

PRICING INFORMATION NOR A TOTAL BID WILL BE CONSIDERED PROPRIETARY.

vi. 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

IFB 26-026 RM, John Deere Construction P@S Page 14 of 19 with article 109 of the Colorado Procurement Code and the terms of this solicitation. Reference Procurement Rule R-24-101-401-03.

vii. 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.

viii. Under no circumstances 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.

ix. CDOT neither requests nor encourages the submission of confidential/proprietary information in response to this IFB. All written requests for confidentiality shall be submitted in with Respondent’s proposal response in strict adherence with the procedures described above. Questions regarding the application of this procedure must be directed to the Purchasing Agent facilitating this IFB.

x. The proposal, along with approved confidential/propriety information must be received by the proposal deadline listed in this document.

xi. Afterward, the proposals shall be open to public inspection subject to any continued prohibition on the disclosure of confidential data, C.R.S. Title 24, Article 72, Part 2 as amended.

L. Modifications to the State Contract

A draft CDOT Price agreement and the State Purchase Order terms and conditions are included in Appendix B and Appendix C for this solicitation. The Sample Contract and Purchase Order Terms and Conditions are included as an attachment and the most up to date Purchase Order Terms and Conditions are linked here and in the

Table of Contents above.

https://osc.colorado.gov/state-of-colorado-purchase-order-terms-and-conditions

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i. Respondents are instructed to review the attached draft Contract and PO Terms and Conditions and submit any proposed modifications or redlines with their

Bid. The decision to reject, accept, or further negotiate any requested changes will be at the State’s discretion. If a Respondent normally seeks counsel on

Contract terms, they are advised to do so before submitting a Bid in response to this solicitation.

ii. 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

Bid is no longer acceptable and therefore ineligible for award. The section of the Contract identified as the Colorado Special Provisions are considered non-negotiable.

M. Ethics and Conflicts of Interest

i. The Respondent must disclose in its Bid 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 Bid 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., IFB 26-026 RM, John Deere Construction P@S Page 16 of 19 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 Bid. “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 Colorado Department of

Transportation Procurement Official within three (7) 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. The written protest shall include, as a minimum, the following:

1. The name and address of the protester;

2. Appropriate identification of the procurement by solicitation or award number;

3. A statement of the reasons for the protest; and

4. Any available exhibits, evidence or documents substantiating the protest.

Protests should be submitted in writing to the following:

Ryan Yarrow Procurement Official ryan.yarrow@state.co.us

O. 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 mailto:ryan.yarrow@state.co.us

IFB 26-026 RM, John Deere Construction P@S Page 17 of 19 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

i. SDVOSB Respondents must submit documentation of certification issued through the U.S. Department of veteran’s 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.

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, and bond assistance through the Construction Statewide Bond Assistance Program.

The office can be reached during normal business hours by calling 303-866-5765 or emailing DPA_SupplierDiversityHelp@state.co.us.

7. PREFERENCES

A. Low Tie Bids (See §24-103-902, C.R.S., Et Seq.)

i. 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.

B. Environmentally Preferable Purchasing (See §24-103-904, C.R.S., Et Seq.)

i. Offerors responding to this solicitation may seek to qualify for the preference https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_statewide-2Dequity-2Doffice_supplier-2Ddiversity&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=AHk9LQL8xQKwtYW6AlMhIpKhc64M4gHnBm1wvGiKqhU&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_supplier-2Ddiversity_construction-2Dand-2Dbond-2Dassistance&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=zAjgTZu5BkDViYCi42ZSaaEFbnZ4EzaMtQulSrBPsw8&e= mailto:DPA_SupplierDiversityHelp@state.co.us

IFB 26-026 RM, John Deere Construction P@S Page 18 of 19 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.

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

i. SDVOSB Offerors must submit documentation of certification issued through the

U.S. Small Business Administration 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 United States Small Business

Administration.

D. Resident Bidder Preference (See §24-103-906 C.R.S., Et Seq.)

i. 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.

ii. 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.

E. 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.

F. Recycled Plastics Preference (See §24-103-909 C.R.S., Et Seq.)

i. 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.

IFB 26-026 RM, John Deere Construction P@S Page 19 of 19

ii. 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.

C. Mandatory/Minimum Requirements

ii. Failure to submit all of the above items may result in bid submission being considered non-responsive.