IFB CAAA 2023000238 - Propane RCC.pdf

STATE OF COLORADO

INVITATION FOR BID (IFB), COVER SHEET & SIGNATURE PAGE

Date: June 2, 2023

Title: Propane – Rifle Correctional Center

IFB #2023000238

Procurement Sole Point of Contact: Sheila Lucero sheila.lucero@state.co.us

Contact with any other State personnel regarding this procurement, unless specifically authorized by the above-named Purchasing Sole Point of Contact, may result in disqualification.

Offerors are urged to read the solicitation document and attachments thoroughly before submitting a proposal. Offerors are required to submit Federal Employer Identification Number (FEIN) (W-9) prior to award from the State of Colorado.

Submit Online Proposals to: bidnetdirect.com//cdoc. See instructions located in section 4 – Proposal Instructions, General Info for IFB Response.

IMPORTANT: The PDF Document must be titled with the IFB Number, IFB Title, and the Offerors name, and IFB Due Date: June 16, 2023 4:00 PM (Mountain Time)

Instructions: Offerors are asked to fill out this page in its entirety, sign and return with their Proposal. The State of Colorado Invitation for Bid Cover Sheet & Signature Page must be signed by the Offeror or an officer of the Offeror legally authorized to bind the Offeror to the proposal. Signatures may be electronic signatures for this IFB.

Offeror(s) Legal Company Name:

Doing Business As:

Address:

City: State: Zip Phone #: Fax Number:

Offeror(s) FEIN: Vendor Number as Registered on VSS:

Contact Name for Clarification:

Title:

Phone Number:

E-mail Address:

Authorized Signature:

By signing this Invitation for Bid Cover Sheet & Signature Page, the authorized agent acknowledges acceptance of all terms and conditions of this solicitation. By signing this Cover Sheet & Signature Page, the authorized agent certifies that a conflict of interest does not exist.

TABLE OF CONTENTS

1. DEFINITIONS AND TERMS

2. INTRODUCTION

A. General Information

B. Schedule of Activities

C. Colorado Vendor Self Service (VSS)

D. Mandatory Pre-Proposal Meeting (OPTIONAL LANGUAGE)

E. Public Proposal Opening - Virtual

F. Anticipated Contract Term (if solicitation will be a Contract)

3. SCOPE OF WORK/RESPONSIBILITIES

A. Items and Specifications

B. Deliverables

4. PROPOSAL INSTRUCTIONS, GENERAL INFORMATION FOR THE IFB RESPONSE

A. General Information for the IFB Response

B. Timeliness of Proposal Submission

C. Offerors Binding Offer and Acceptance

D. Confidentiality and Proprietary Information

E. Modifications and/or Supplemental Information to the IFB

F. Inquiries

G. IFB Response Material Ownership

H. Modifications or Withdrawal of Responses

I. Mistakes and Minor Informalities in Offeror Responses

J. IFB Cancellation

K. Order of Precedence

L. Draft Model Contract

M. Selection of Successful Proposals and Intent to Award

N. Documents after Award

O. IFB Cancellation/Rejection of Proposal(s)

P. Protested Solicitations and Awards

5. RESPONSE FORMAT

A. Administrative Documents

B. Accessibility Requirements

C. Cost Proposal

D. Certification of Independent Price Determination

6. EVALUATION AND AWARD SELECTION PROCESS

A. Evaluation Process

B. Single Bid

C. Past Performance

D. Award

EXHIBITS (Please read thoroughly prior to proposal submission) A – Administrative Information

B – Draft Model Contract Or Purchase Order Terms and Conditions

C – Insurance Info for Vendors

ATTACHMENTS (Offeror to complete and submit with proposal) 1 – W-9 Request for Tax Payer Identification Number

2 – Vendor Disclosure Statement Form

3 – Vendor IFB Checklist

1. DEFINITIONS AND TERMS

A. Awarded Contractor/Vendor/Offeror means the Offeror whose proposal the CDOC determines to be most advantageous and is approved and accepted by CDOC which enables CDOC to undertake a Contract with the Contractor for the purchase of the services or goods or both.

B. CDOC means Colorado Department of Corrections or State.

C. Contractor means any organization or individual that seeks to provide or is already providing goods or services. Often synonymous with selected, successful, or awarded Offeror, Bidder, or Vendor.

D. C.R.S. means Colorado Revised Statutes as amended.

E. IFB means Invitation for Bid, a procurement solicitation that seeks offers from organizations or individuals to perform the scope of work or provide goods as defined in the IFB. Solicitation may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Proposals are evaluated to determine which Offeror offers the lowest cost to the state in accordance with specifications.

F. Offeror means any organization or individual submitting a proposal in response to a Invitation for Bid (IFB) solicitation. More generally to mean any organization or individual submitting an offer, bid or proposal in response to any type of procurement solicitation. Same as Bidder or Vendor.

G. Proposal means an offer in response to an Invitation for Bid (IFB) solicitation.

H. SDVOSB means Service Disabled Veteran Owned Small Business Participation I. Solicitation means a document issued by a prospective buyer that requests competitive offers from organizations or individuals to sell the goods or services or both that are specified in the document.

A solicitation typically results in an award of a Contract or purchase order for the goods or services based on an award methodology defined in the solicitation. Types of solicitations issued by the State of Colorado agencies include: Requests for Proposals (RFP), Invitation for Bid (IFB), Documented Quote (DQ).

J. Subcontractor means a vendor selected by the Contractor that enters into a contractual relationship with the primary Contractor to carry out the project as a result of the solicitation.

K. Vendor means any organization or individual that seeks to provide or is already providing goods or services. Often synonymous with selected, successful, or awarded Offeror, Bidder or Contractor.

L. VSS means the State of Colorado’s Vendor Self-Service System website located at www.colorado.gov/vss. All solicitations published by State agencies and institutions are published on VSS, unless specific entities have been granted to opt out of the program. Vendors have access to this website.

2. INTRODUCTION

A. General Information

All information contained within this IFB, and any amendments and modifications thereto, reflect the best and most accurate information available to the State at the time of this IFB. No inaccuracies in such data shall constitute a basis for legal recovery of damages or protests, either real or punitive, except to the extent that any such inaccuracy was a result of intentional misrepresentation by the State.

B. Schedule of Activities The 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 considered in Mountain Time (MT), as adjustment for daylight savings.

http://www.colorado.gov/vss

Activity Date Time

(MST)

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

June 2, 2023

2:00pm

2 Pre-Proposal Meeting Virtual N/A 3 Written Inquiries Deadline

NOTE: No inquiries will be accepted after this date.

Send Inquiries to: bidnetdirect.com//cdoc

June 8, 2023

4 Response to written inquiries; will be posted to Colorado VSS (estimated)

June 12, 2023

5 Proposal Submission Deadline Proposals must be submitted in the method described in Section 4

June 16, 2023

4:00pm

6 Public opening of proposals (Must request link in advance) June 20, 2023 10:00am 7 Notice of Intent to Award Published on Colorado VSS (estimated) June 23, 2023 4:00pm 8 Contract/Purchase Order Execution (Estimated) July 1, 2023

*As the evaluation process is dependent upon the number of proposals received, their length and committee member’s schedules, all dates post proposal submission are strictly estimated.

C. Colorado Vendor Self Service (VSS)

i. This solicitation is published using the Colorado Vendor Self-Service – Colorado VSS. Offerors are not required to be registered on Colorado VSS in order to download solicitation documents and information. Colorado VSS information can be found through the Colorado State Purchasing & Contracts Office link at www.colorado.gov/vss. The VSS Help Desk can be reached at 303- 866-6464 for further assistance.

ii. The CDOC is posting this IFB on the Colorado Vendor Self Service page (Colorado VSS) so that firms that have an interest may submit a proposal in accordance with the terms of the IFB.

iii. In the event that it becomes necessary to revise any part of this IFB, a modification will be published on Colorado VSS at www.colorado.gov/vss. It is incumbent upon Offerors to carefully and regularly monitor Colorado VSS.

D. Mandatory Pre-Proposal Meeting (OPTIONAL LANGUAGE) There will not be any pre-proposal meeting in association with this IFB. Offerors may submit written inquiries (see Section 4.F).

E. Public Proposal Opening - Virtual The public Proposal opening will be held remotely. Offerors may, but do not need to be present for the opening. So that the CDOC can plan for attendance, if an Offeror wishes to attend the public proposal opening, please send an email to sheila.lucero@state.co.us to RSVP at least two days prior to the date of the public proposal opening, and include the email for the person who will attend the remote opening. The Vendor’s name on the proposal received will be the only information announced at the proposal opening.

F. Anticipated Contract Term (if solicitation will be a Contract)

i. The initial term of the awarded Contract is anticipated to be one (1) year. This Contract may be renewed for up to four (4) additional one (1) year periods at the sole discretion of the CDOC. The total duration of the Contract, from the start date until termination, and including all options, is not anticipated to exceed five (5) years.

ii. The CDOC may, within its sole discretion, choose to not exercise any option or extension term in the Contract for any reason. If the CDOC chooses to not exercise for any extension term, it may re-procure the performance of the work in its sole discretion.

iii. The CDOC may extend the Contract beyond the anticipated term in this subsection, in accordance with the Colorado Procurement Code and its implementing rules, in the event that the CDOC determines the extension necessary.

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

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

3. SCOPE OF WORK/RESPONSIBILITIES

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

A. ITEMS ANS SPECIFICATIONS

The Colorado Department of Corrections (CDOC), Rifle Correctional Facility (RCC) heats the facility with propane heat. This Invitation for Bid is intended primarily to select a vendor(s) for the purposes of delivering propane to RCC on an as needed basis.

Award of this solicitation will be in the form of a Letter of Award. CDOC anticipates that the initial term from this award will be through June 30, 2024. The awarded vendors markup price, as bid in response to this solicitation, is expected to remain firm through June 30, 2024. After the initial term, this agreement may be extended for four (4) additional one (1) year periods with written acceptance between the vendor and the CDOC. For each subsequent annual award, the Vendor may submit a price adjustment request no later than April 1st to change the markup amount. The CDOC will reserve the right to accept the proposed change to the markup amount, negotiate, decline the change, and/or issue a new solicitation.

B. DELIVERABLES

Vendor will be expected to deliver propane within 48 hours from the request sent by RCC. The hours of delivery are between 9am and 2pm Monday through Friday. Delivery volume is approximately 10,000 gallons per delivery. In the winter months the vendor will need to provide the requested propane approximately once a week, with less frequency in the other months.

The facility averages 114,000 gallons per year. Please note: past use is not a guarantee of future need.

4. PROPOSAL INSTRUCTIONS, GENERAL INFORMATION FOR THE IFB RESPONSE

A. General Information for the IFB Response

i. Offerors are encouraged to review the IFB and any attachments in their entirety to assure understanding of and compliance with the requirements that may be included in these documents.

ii. Unnecessarily elaborate proposals are not desired. Font size for basic narrative descriptions must be no smaller than 10-point (Arial, Courier or Times New Roman fonts are preferable).

iii. To facilitate evaluation of the proposals, a proposal should be thorough yet brief. A proposal should address the requirements set forth in this IFB and should provide sufficient details to allow the evaluation committee to determine whether the proposal demonstrates an understanding of the State’s needs, requirements, and contracting terms and conditions; the ability to meet the State’s needs, including the experience and resources necessary to carry out the work; and costs that are reasonable and consistent with the industry. Note: Proposals may only be submitted electronically via bidnetdirect.com//cdoc. No other electronic submission methods or hard copy submittals will be accepted.

iv. A proposal with missing or inconsistent information may be considered non-responsive and may not be evaluated.

v. Proposals shall not exceed 50 pages total excluding attachments and samples.

B. Timeliness of Proposal Submission

i. Proposals 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 Rule C.R.S. §24-103-201-10.

ii. Responsibility for ensuring that an Offerors proposal is received on time rests with the Offeror.

C. Offerors Binding Offer and Acceptance

i. The contents of an Offerors submittal response to this IFB 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.

ii. The contents of the proposal of the successful Offeror will become contractual obligations if under the awarded Contract. Failure of the successful Offeror to accept these obligations in a Contract, purchase order, or similar authorized commitment voucher may result in a cancellation of the award to that Offeror.

iii. CDOC may require additional information (financial, capacity, etc.) of the apparent successful Offer(s) to determine their ability to perform. The CDOC reserves the right to visit Offeror(s) office(s) to verify such ability.

iv. The CDOC may disqualify from consideration any Offeror who is involved in bankruptcy proceedings or whose financial condition is deemed to pose a risk to the State for successful performance of the Contract.

D. Confidentiality and Proprietary Information Following the notice of intent to award, all proposals will be open to public inspection with the exception of information determined by the State to be a trade secret or confidential or proprietary.

Reference C.R.S. §24-72-2-1 et seq., amended, Public (Open) Records.

i. Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself and such information segregated.

ii. Written requests for confidentiality shall be submitted by the Offeror with the proposal for consideration and acceptance of confidential status by the CDOC.

iii. The Offeror must state specifically what elements of the proposal are to be considered confidential/proprietary and must state this clearly.

iv. Confidential/Proprietary information must be identified, marked, and packaged separately from the rest of the proposal.

v. Neither a proposal in its entirety, nor proposal price information is considered confidential and proprietary.

vi. Any information that will be included in any resulting Contract cannot be considered confidential.

vii. CDOC will make a written determination as to the apparent validity of any written request for confidentiality. In the event CDOC does not concur with the Offerors request for confidentiality, the written determination will be sent to the Offeror per C.R.S. §24-72-201 et.seq.

E. Modifications and/or Supplemental Information to the IFB The CDOC will publish any modifications, amendments, or supplemental information to the IFB on Colorado VSS. In the event that it becomes necessary to revise any part of this IFB, the CDOC will post a modification notice to Colorado VSS.

F. Inquiries

i. Offerors may submit written inquiries concerning this IFB to obtain clarification on specifications and requirements via email only.

ii. All inquiries are due no later than the time shown in the Schedule of Activities.

iii. Send all inquiries to bidnetdirect.com//cdoc.

iv. All electronic email inquiries will reference the IFB number and title in the subject line. Where appropriate, inquiries should include references to any relevant section/paragraph of the IFB.

v. List each question separately.

vi. Limit inquiries to only those issues which are essential in order to submit a viable proposal in response to this IFB. Requests for detailed or exhaustive information may be declined if said information is not deemed by CDOC to be necessary.

vii. Request (and ensure you receive) confirmation that your email has been received.

viii. The CDOC will publish responses to Offerors inquiries collectively, in a timely manner, as a modification on Colorado VSS. Offerors are responsible for monitoring Colorado VSS for such publication(s). Offerors shall not rely on any verbal statements that alter any specification or other term or condition of the IFB. Such changes are valid only if provided in writing by the CDOC Point of Contact.

G. IFB Response Material Ownership

i. The CDOC has the right to retain the original proposal and other IFB response materials for its files received by the solicitation closing and not withdrawn prior to the public opening. As such, the CDOC may retain or dispose of all copies as is lawfully deemed appropriate. The CDOC has the right to use any and all information/material presented in the reply to the IFB, subject to limitations outlined in Section 1.L Proprietary/Confidential Information. Proposal materials may be reviewed after the award, subject to the terms of C.R.S §24-72-2 as amended.

ii. In accordance with Procurement Rule C.R.S §24-103-201-09, an Offeror may withdraw their proposal upon written notification submitted to and received by CDOC prior to the established IFB proposal opening date and time (e-mail acceptable). CDOC will not retain a copy of the withdrawn proposal.

H. Modifications or Withdrawal of Responses An Offeror may modify or withdraw its proposal by written notice to the CDOC point of contact prior to the established proposal submission deadline. Withdrawal of an Offerors proposal following the submission deadline and prior to award may be allowed, in the CDOC’s discretion. Withdrawal of an Offerors proposal after award is not allowed. Reference Procurement Rules C.R.S. §24-103- 201-08 and C.R.S. §24-103-201-09.

I. Mistakes and Minor Informalities in Offeror Responses In certain circumstances, an Offeror may correct a mistake(s) in its proposal and/or the CDOC may waive minor informalities. Reference Procurement Rule C.R.S. §24-103-201-08.

J. IFB Cancellation The State reserves the right to cancel the entire IFB or individual phases at any time, without penalty in accordance with C.R.S. §24-103-301.

K. Order of Precedence In the event of any conflict or inconsistency between terms of this IFB and the offer, such a conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of a resulting contract, second to the IFB, and third to the proposal (See Draft Model Contract for additional information).

L. Draft Model Contract

i. Except as modified herein, the standard State Contract terms included in this IFB shall govern this procurement, and are hereby incorporated by reference.

ii. The Draft Model Contract (Exhibit B) lists the State’s required legal provisions, but does not include the specific scope of work and requirement of this IFB.

iii. The Offeror is expected to review the attached draft Model Contract and not exceptions. Unless the Offeror notes exceptions in its proposal, the conditions for the Draft Model Contract will govern. The Offeror shall identify clearly and thoroughly any variations between its proposal and the State’s IFB. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as may be outlined or specified in the IFB.

iv. Offeror(s) requested changes may or may not be accepted by the State and may require negotiations.

M. Selection of Successful Proposals and Intent to Award

i. The CDOC reserves the right to make an award on receipt of initial proposals and may award to multiple Offerors capable of fulfilling the anticipated program needs for CDOC.

ii. Offerors not meeting the requirements identified in the IFB shall be ineligible for further consideration.

iii. The CDOC may conduct discussions with the Offeror(s) for the purpose of understanding of the

CDOC’s requirements and the Offerors proposal, to clarify requirements, make adjustments in services to be performed, and in prices.

iv. Changes to proposals, if permitted, will be requested in writing from Offeror(s).

v. An evaluation will be conducted and awards made to the Offeror(s) whose proposal is determined to be most advantageous to the State considering the evaluation factors.

N. Documents after Award

Prior to Contract execution, the awarded Offeror will provide CDOC with:

i. Proof of registration with the Colorado Secretary of State (SOS). In order to do business in

Colorado, the SOS requires Contractors to register in accordance with C.R.S. 7-90-801, and obtain and maintain a rating of “good standing” status throughout the term of an awarded Contract. The link to the SOS website is: www.sos.state.co.us.

ii. An awarded Contractor shall obtain and maintain insurance coverage at all times during the term of the resulting Contract. The Contractor must obtain and maintain coverages required in the executed Contract.

O. IFB Cancellation/Rejection of Proposal(s) The CDOC may cancel this IFB, or any or all proposals may be rejected in whole or in part, without penalty, at any time before a Contract is executed, when it is the best interests of the State. Reference §24-103-301, CRS, and related Procurement Rules. The reason and documentation supporting the decision to cancel the IFB or reject proposal(s) shall remain confidential for the lesser of six months or until the Contract at issue is awarded by the State. Reference §24-101-401-05.

If the IFB is cancelled after proposals are received, the proposals that have been opened shall be retained in the procurement record, or if unopened, returned to the Offerors upon request, at Offerors expense, or otherwise disposed of.

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

P. Protested Solicitations and Awards An aggrieved party may file a protest concerning a material issue(s), at any phase of solicitation or award, including but not limited to specifications, award, or a disclosure of information marked confidential in the response. The protest shall be submitted to the Procurement Official for the issuing agency, in within ten (10) business days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Reference C.R.S. §24-109-102, as amended, and Procurement Rules C.R.S. §24-109-102-01 et seq. Protests should be submitted in writing to the following:

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

5. RESPONSE FORMAT

Proposal MUST follow the format outlined with electronic copies of each document provided as instructed. Proposal sections should be tabbed, clearly identifiable, and contain the following specifics:

A. Administrative Documents

i. Signed IFB Cover Sheet and Signature Page (sign in blue ink, please)

ii. Completed W-9

iii. Completed Vendor Disclosure Statement

iv. Colorado Secretary of State’s Certificate of Good Standing

v. Table of Contents

vi. Scope of Work

B. Accessibility Requirements Offeror shall describe how their proposed solution will meet or exceed the accessibility requirements detailed in Exhibit 1 §13.

C. Cost Proposal

i. Offerors shall submit with their quotes, the proposed pricing that supports their response to

Section 3 – Scope of Work. The Price Quote shall include your company’s pricing models and pricing narrative. Offerors shall outline pricing models, and include a detailed pricing narrative that justifies its rates within the scope of services. Please include in the Price Quote:

i. Break out of services and associated rates

ii. Research costs that are not included in your company’s break out of services and associated rates.

iii. Setup fees, monthly service fees, delivery fees.

ii. 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.

iii. Quoted pricing must remain firm during the initial term of the Contract or Purchase Order.

D. Certification of Independent Price Determination

By submitting a Proposal, the Offeror certifies that the prices and other terms in the Proposal have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the Proposal by any other competing Offeror. 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 Offeror. No attempt has been made or will be made by the Offeror to induce any other person or firm to submit a Proposal for restricting competition.

Reference C.R.S. §6-4-101., et set. (Colorado Antitrust Act of 1992) as amended.

6. EVALUATION AND AWARD SELECTION PROCESS

A. Evaluation Process

i. Following determination of acceptability of goods or services, bids shall be evaluated to determine which Offeror offers the lowest cost to the state in accordance with the specifications listed in §3 Scope of Work/Responsibilities.

ii. Discussions with Offerors are permitted only if there has been a mistake in the proposal in accordance with C.R.S. 24-103-201-08.

iii. In the event an evaluation based on value analysis or other cost formulas was used, the information must be included in the Scope of Work.

iv. A Contract/Purchase Order 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 Offeror as determined by value analysis or life cycle cost formulas as permitted in C.R.S 24-103-202, and C.R.S. 24-103-202-02.

v. The provisions of C.R.C. 24-103-904, which require a preference for environmentally preferable products, apply to this solicitation.

vi. The award shall be made to the lowest responsible and responsive Offeror whose bid meets the requirements and criteria set forth in this solicitation.

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

C. Past Performance Each Offerors past performance may be reviewed as part of CDOC’s overall evaluation. This evaluation will take into account past performance information submitted as a part of such Offerors proposal including but not limited to, information regarding predecessor companies, key personnel who have relevant experience, and subcontractors performing major or critical aspects of the service(s), if such information is relevant. Offerors without a record of relevant past performance or for whom information on past performance is not available will receive a neutral past performance rating. The CDOC will consider Offerors performance on past or current State Contracts with requirements similar to the CDOC’s requirements for this Contract. The CDOC will consider information provided by Offeror regarding any problems encountered on the identified Contracts and any associated corrective actions.

The CDOC reserves the right to contact any former client or company with whom the Offeror is known to have done business with, whether provided as a reference or not.

D. Award

i. A Notice of Intent to Award will be published on Colorado VSS.