IFB NK MAAA 15 001 For Printing Services.pdf

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STATE OF COLORADO

INVITATION FOR BID (IFB) and RESPONSE COVER SHEET

TITLE: General Assembly Printing Services

Per the attached specifications, terms and conditions.

Date: 9/17/14, Wednesday IFB Number: IFB-NK-MAAA-15-001

Submit Bid to:

State of Colorado Department of Personnel & Administration State Purchasing Office 1525 Sherman Street, 3 rd Floor

Denver, CO 80203

Sourcing Specialist:

Nikki Kalen

IFB Due Date: 10/3/14, Friday IFB Due Time: 1:00 PM (MDT)

INSTRUCTIONS:

Bidder completes this Cover Page, signs in BLUE INK, and submits with proposal.

Bidder must be registered with the State of Colorado VSS by the time of Award.

Bidder 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:

IMPORTANT NOTE: The following must be on the outside of the sealed Bid Envelope/Container:

IFB-NK-MAAA-15-001, Friday, October 3, 2014, 1:00 p.m. (MDT)

Note: Telegraphic or electronic Bids (Fax, Western Union, Telex, e-mail, etc.) will not be accepted. Bidders are urged to read the Solicitation document thoroughly before submitting a Bid.

Bidder to answer and acknowledges by its signature above:

- Confirm that you are aware that the award notice will be published on Colorado VSS: ____ Yes

- My company is registered on VSS: _____Yes _____No

- Proprietary Information: is in my response and as segregated pages: _____Yes _____No

- Registered with the Colorado Secretary of State ____Yes ____No

- Bidder proposes using Subcontractors for this project: _____Yes _____No

- Bidder has reviewed all Modifications (if any) made to this IFB: ______ Yes _______ No

- Bidder has reviewed Section 1.28, Protested Solicitations and Awards: _____Yes ______ No

Colorado Revised Statutes Title 24, Article 109, Entitlement to Costs, in part states: “When a protest is sustained administratively or upon administrative or judicial review and the protesting Bidder or offeror should have been awarded the contract under the Solicitation but, due to defect in the Solicitation, was not, the protestor shall be entitled to the reasonable costs incurred in connection with the Solicitation, including Bid preparation costs. No other costs shall be permitted and reasonable costs shall not include attorney fees.”

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IFB-NK-MAAA-15-001

Class One Printing, C.R.S. 24-70-203. Classes of printing

It is the intention of the State of Colorado Purchasing Office to solicit an Invitation for Bids (IFB) for Printing services on behalf of the House of Representatives and the Senate of the Colorado General Assembly (referred to collectively as the “General Assembly”), all referenced from here forward as “the State”.

Qualified Bidders are invited to submit Bids to provide services for Class 1 printing of legislative bills, concurrent resolutions, daily calendars, and daily journals.

In addition to daily journal printing requirements, Class 1 printing also requires the production of hardbound or softbound annual journal volumes.

All printing shall be produced in black ink on white paper.

This Solicitation contains the following Sections, Exhibit and Attachments:

Sections:

Section 1: Administrative Information Page 3

Section 2: Bid Submission Instructions Page 7

Section 3: Performance Page 11

Section 4: Statement of Work Page 12

Section 5: Legislative Information and Deadlines Page 20

Section 6: Evaluation and Award Selection Process Page 21

Section 7: Definition of Terms Page 22

Exhibit:

Exhibit A: Sample Model Contract (Separate file on VSS)

Exhibit B: EPP Policy (Separate file on VSS)

Attachments:

Attachment A: State of Colorado Solicitation Terms, Conditions (Separate file on VSS) and Instructions

Attachment B: Company Experience and Demonstrated Capability (Separate file on VSS) Fact Sheet

Attachment C: Price Response (Separate file on VSS)

Attachment D: W-9 Request for Taxpayer Identification Number (Separate file on VSS) and Certification

Attachment E: Vendor Disclosure Statement (Separate file on VSS)

Attachment F: Mandatory Checklist (Separate file on VSS)

Attachment G: References (Separate file on VSS)

Attachment H: Company Locations, Subcontractors, Equipment (Separate file on VSS) List & State Employment Affiliation

Attachment I: Turnaround Time, Representation, and (Separate file on VSS) Implementation Plan

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Section 1 – Administrative Information

1.1 Vendor Self-Service (VSS) and Registration

This Solicitation is published using the Colorado Vendor Self-Service (VSS) – Colorado VSS. Bidders are not required to be registered on Colorado VSS in order to download Solicitation documents and submit a response. However, Bidders must be registered on Colorado VSS by the time the Award is announced.

Colorado VSS information can be found through the State Purchasing Office (SPO) link at www.colorado.gov/VSS. The VSS Help Desk can be reached at 303-866-6464 for further assistance.

1.2 Issuing Office and Official Means of Communication

1.2.1 This Invitation for Bid (IFB) is issued by the Colorado State Purchasing Office (SPO), who is the sole point of contact concerning this IFB. During the Solicitation process for this IFB, all official communication with Bidders will be via notices on VSS. Notices may include any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, the announcement of the Intent to Award, and the winning Bidder(s). It is incumbent upon Bidders to regularly monitor VSS for any such notices.

1.2.2 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 IFB preparation. 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.

1.3 State of Colorado Solicitation Terms, Conditions and Instructions

The State of Colorado Solicitation Terms, Conditions and Instructions shall govern, except to the extent they are modified, supplemented or replaced in this Solicitation. By responding to this IFB, Bidder acknowledges they have reviewed Attachment A (State of Colorado Solicitation Terms, Conditions and Instructions).

Note: BIDS Registration is no longer applicable, as BIDS has been replaced by VSS, the State of

Colorado’s new Solicitation platform.

1.4 Purpose

The Colorado Department of Personnel & Administration (DPA), State Purchasing Office (SPO), for the use and benefit of the House of Representatives and the Senate of the Colorado General Assembly

(collectively referred to as the “General Assembly”) is currently soliciting Bids for printing services for the

2015 and 2016 legislative sessions, with an option to be exercised by the General Assembly to extend term for printing services for the 2017 and 2018 legislative sessions.

1.5 Schedule of Events

1. Deadline for Bidder written questions 9/22/14, Monday, 5:00 PM (MDT)

2. State’s response to Bidder questions 9/24/14, Wednesday, 12:00 PM (MDT)

3. Intent to Bid Notification to the SPO 9/24/14, Wednesday, 5:00 PM (MDT)

4. Deadline to submit Bids 10/3/14, Friday, 1:00 PM (MDT)

5. Public Opening of Bids 10/3/14, Friday, 2:00 PM (MDT)

6. Projected contract start date 12/15/14

Note: The State is requesting interested Bidders to send an “Intent to Bid Notification” via email to the SPO contact listed in Subsection 1.21, Inquiries and Questions, below. Bidder notification provides the SPO with the level of interest for this Solicitation. Not sending an intent-to-Bid notice does NOT impact the Bidder’s eligibility to submit a Bid by the Bid submission deadline.

1.6 Legislative Changes

The State reserves the right to amend the IFB and/or contract in response to Colorado legislative changes that affect this program.

1.7 IFB Cancellation

http://www.colorado.gov/VSS

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The State reserves the right to cancel this entire IFB or individual phases at any time, without penalty in accordance with Procurement Rule 24-103-301.

1.8 News Releases

News releases pertaining to this IFB and associated awards without prior written approval by the SPO are prohibited by the Bidder.

1.9 Basis for Award

The State Purchasing Office (SPO) intends to award to one Bidder capable of fulfilling the anticipated volume needs of the General Assembly. However, the State reserves the right to award to one or more Bidders, and Bidders will be awarded based on Bids that are determined to be most advantageous to the

State considering the evaluation factors set forth in Section 6 (Evaluation and Award Selection

Process). Should the State determine at any time during the term of the resulting awards that the number of awarded Contractors is not adequate to properly fill these needs, the State reserves the right to make awards to Bidders who submitted responses to the original Solicitation but were not awarded, or to re-issue the Solicitation and make additional awards as necessary. The State reserves the right to continue with existing contracts should the pricing in these IFB responses be deemed non-beneficial to the State.

Further, the State reserves the right to continue with existing contracts in addition to the awards resulting from this Solicitation if deemed it is in the best interest of the State.

1.10 Proprietary/Confidential Information

1.10.1 Any restrictions of the use or inspection of material contained within the Bid shall be clearly stated in the Bid itself and such information segregated. Written requests for confidentiality shall be submitted by the Bidder with the Bid for consideration and acceptance of confidential status by the State. The Bidder must state specifically what elements of the Bid are to be considered confidential/proprietary and must state the statutory basis for the request under Colorado Open Records Act (CORA) (§ 24- 72-201 et seq., C.R.S.). Confidential/Proprietary information must be readily identified, marked, and packaged separately from the rest of the Bid. Neither a Bid in its entirety, nor Bid price information is considered confidential and proprietary. Any information that will be included in any resulting price agreement cannot be considered confidential.

1.10.2 The Colorado State Purchasing Office (SPO) will make a written determination as to the apparent validity of any written request for confidentiality. In the event the SPO does not concur with the

Bidder’s request for confidentiality, the written determination will be sent to the Bidder. (§ 24-72-201

et. seq., C.R.S).

1.11 IFB Response Material Ownership

The State has the right to retain the original Bid and other IFB response materials for its files received by the Solicitation closing and not withdrawn prior to the public opening. As such, the State may retain or dispose of all copies as is lawfully deemed appropriate. The State has the right to use any or all information/material presented in the reply to the IFB, subject to limitations outlined in the clause, Proprietary/Confidential Information. Bid materials may be reviewed after the “Notice of Intent to Award” has been issued, subject to the terms of C.R.S. Title 24, Article 72, Part 2, as amended.

1.12 Bidder’s Binding Offer and Acceptance

1.12.1 The contents of a Bidder’s submittal response to this IFB shall constitute a binding offer and will become contractual obligations of the successful Bidder. Acknowledgment of this condition shall be indicated by the Bidder’s signature on its Bid or by an officer of the Bidder legally authorized to execute contractual obligations.

1.12.2 A submission in response to this IFB, unless specified otherwise, acknowledges acceptance by the Bidder of all terms and conditions, as set forth herein including its attachments and exhibits, without making its offer contingent.

1.12.3 A Bidder may withdraw its Bid upon written notification submitted to and received by the SPO prior to the established IFB Bid opening date and time (email is acceptable). In accordance with Procurement Rule 24-103-202b-06 and 24-103-202a-04, the State will not retain a copy of the withdrawn Bid.

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1.12.4 The State may require additional information (financial, capacity, etc.) of the apparent successful Bidder(s) to determine its ability to perform. The State reserves the right to visit Bidder’s office(s) to verify such ability.

1.13 Order of Precedence

In the event of any conflict or inconsistency between terms of this IFB and the offer, such conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of a resulting contract, second to the IFB Solicitation, and third to the Bid response. See Exhibit A (Sample Model Contract), for additional information.)

1.14 Public Opening of Bids

On the date and time shown in the “Public Opening of Bids” above, the State Purchasing Office will conduct the public opening at the delivery location identified in Subsection 2.1, Sealed Bid Submission or otherwise amended on VSS. The Public Opening will disclose only the names of all Bidders who have submitted a Bid in response to the IFB by the closing deadline. Information regarding contents of Bids will be available from the State Purchasing Office following issuance of a “Notice of Intent to Award”.

Note: Participants will not be admitted earlier than 15 minutes prior to the start of the Public Opening.

1.15 Term of Resulting Award and Contractual Terms and Conditions

1.15.1 The resulting award will be for a term estimated through December 14, 2016, with the option for one (1) two-year renewal period, with a funding-out clause.

1.15.2 Except as modified herein, the standard State Contract Terms and Conditions and Exhibit A

(Sample Model Contract), included in this IFB shall govern this procurement and are hereby incorporated by reference. Note: the Model Contract lists the State’s required legal provisions but does not include the specific scope of work and requirements for this IFB.

1.15.3 The Bidder is expected to review the attached Model Contract and note exceptions. Unless the Bidder notes exceptions in its Bid, the conditions of the Model Contract will govern. The Bidder shall identify clearly and thoroughly any variations between its Bid 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. Bidder’s requested changes may or may not be accepted by the State and may require negotiations.

1.15.4 Bidders are cautioned that requests for modifications to the terms and conditions constitute increased risk and cost to the State. Changes to Special Provisions are not permitted, therefore, the scope and magnitude of requested exceptions is an important consideration in the evaluation of a Bid(s).

1.16 Insurance

An Awarded Vendor shall obtain and maintain insurance coverage at all times during the term of a resulting contract. The Contractor must obtain and maintain liability coverage for general, automobile, and workman’s compensation, at a minimum, and as identified in Exhibit A (Sample Model Contract).

Note: The Awarded Vendor will be required to submit proof of adequate insurance coverage within ten (10) calendar days of award notification.

1.17 Background checks

Any employee of the Awarded Vendor(s) who shall have access to any building within the Capitol complex shall be required to undergo a background check as required by the Colorado State Patrol.

1.18 Sex Offender Registration Information Requirements

The State Purchasing Office and its Institutions are State of Colorado agencies. Awarded Vendor(s) must comply with the following laws in order to have employees on-site at a State of Colorado facility:

1.18.1 Colorado Revised Statutes, Title 16-22-103, et seq.

1.18.2 Code of Federal Regulations, 34 CFR 668.46

1.18.3 Jeanne Clery Act 20 USC 1092 (f)

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1.19 Payment Schedule

The State's minimum payment terms for the resulting contract are net thirty (30) days. Late fees may not be assessed to State government entities until the 46th day after the payment due date. The Contractor is eligible to invoice for late payment charges of 1% per month on the unpaid balance.

1.20 Taxes

The State of Colorado is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code and from all State and local government sales and use taxes (§ 39-26-704, C.R.S.).

1.21 Inquiries and Questions

1.21.1 Bidders may submit inquiries and questions concerning this IFB to obtain clarification on specifications and requirements. All inquiries must be submitted via email to Nikki Kalen at nikki.kalen@state.co.us, and are due no later than the time shown in Subsection 1.5, Schedule of Events, or otherwise amended on VSS.

1.21.2 Please limit inquiries to only those questions which are essential in order to submit a viable Bid in response to this IFB. Requests for detailed or exhaustive information may be declined if said information is not deemed by the State to be necessary in order to submit a viable Bid.

1.21.3 Response to Bidder questions will be published as a modification on VSS. Bidders should not rely on any other information if it is not published on VSS, either written or oral, that alter any specification or other term or condition of the IFB during the open Solicitation period. Bidders are NOT to contact any other State Office or individual regarding this Solicitation, as doing so may result in Bidder being disqualified. Bidders are responsible for monitoring VSS for the publication of any and all modifications to this Solicitation.

1.22 General Instructions and Bid Submission

Bidders are encouraged to carefully and completely review this IFB and all attachments prior to submitting its Bid. For detailed information on the Bid submission, see Section 2 (Bid Submission Instructions) of this IFB. Sealed Bids, including the signed Invitation for Bid (IFB) Cover Sheet, must be received on or before the date and time indicated on the IFB Cover Sheet (page 1) or as modified on VSS. It is the Bidder’s responsibility to ensure its Bid arrives at the Colorado State Purchasing Office on or before the Solicitation’s closing date and time, regardless of the delivery method used. Late Bids will not be accepted, and are considered non-responsive.

1.23 Certification of Independent Price Determination

1.23.1 By submission of this Bid each Bidder certifies, and in the case of a joint Bid each party, thereto, certifies as to its own organization, that in connection with this procurement:

a) The prices in this Bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Vendor or with any competitor; and

b) Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Vendor or to any competitor; and

c) 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 the purpose of restricting competition.

1.23.2 Each person signing the Invitation for Bid Cover Sheet of this Bid certifies that:

a) He/She is the person in the Bidder’s organization responsible for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to 1.23.1(a) through 1.23.1(c); or

b) He/She is not the person in the Bidder’s organization responsible for the decision as to the prices being offered herein but that he/she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to 1.23.1(a) through 1.21.1(c), and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 1.23.1(a) through 1.23.1(c).

mailto:nikki.kalen@state.co.us

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1.24 Parent Company

If a Bidder is owned or controlled by a parent company, the name, main office address and parent company’s tax identification number shall be provided in the Bid.

Note: Bidders are advised that the Federal Employer Identification Number (FEIN) entered on the IFB Cover Sheet, and on the W-9 form submitted in its Bid, and as registered in VSS, must be the same.

1.25 Service Disabled Veteran Owned Small Business Participation A Bidder claiming status as a service disabled veteran owned small business must identify itself as such in its Bid and provide documentation of its certification from the United States Department of Veteran Affairs (US DOVA) with its response to this IFB.

1.26 Doing Business in Colorado

In order to do business in Colorado, the Colorado Secretary of State requires Vendors to register in accordance with § 7-90-801, C.R.S., and obtain and maintain a rating of “good standing” status throughout the term of an awarded contract. The link to the Colorado Secretary of State’s web site is:

www.sos.state.co.us. Bidder must include in their Bid a copy of the “certificate of good standing”.

1.27 Purchasing Preference for Environmentally Preferable Products

In accordance with Procurement Code, CRS 24-103-207.5, 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.

1.28 Protested Solicitations and Awards

1.28.1 Any actual or prospective Bidder who is aggrieved in connection with the Solicitation or award of a contract may protest to: State Purchasing Director, State of Colorado, State Purchasing Office, 1525 Sherman Street, Third Floor, ATTN: Molly Randol, Interim State Purchasing Director, Denver, CO 80203. The protest shall be submitted in writing within seven (7) business days after such aggrieved person knows or should have known of the facts giving rise to the protest.

1.28.2 C.R.S Title 24, Article 109, Section 104, Entitlement to Costs, in part states: When a protest is sustained administratively or upon administrative or judicial review and the protesting Bidder or offeror should have been awarded the contract under the Solicitation but, due to defect in the Solicitation, was not, the protestor shall be entitled to the reasonable costs incurred in connection with the Solicitation, including Bid preparation costs. No other costs shall be permitted and reasonable costs shall not include attorney fees.

Section 2 – Bid Submission Instructions

2.1 Sealed Bid Submission

2.1.1 Hard Copy Submission

a) One (1) original copy of Bid (and marked as such), and three (3) photocopies, must be received in hardcopy, with all Attachments and samples, no later than Friday, October 3, 2014, 1:00 p.m. (MDT) at the following address:

Department of Personnel & Administration c/o State Purchasing Office

Attn: Nikki Kalen

1525 Sherman Street, 3 rd

Floor

Denver, Co 80203

b) Please mark your sealed Bid envelope with the following information:

IFB-NK-MAAA-15-001, Friday, October 3, 2014, 1:00 p.m (MDT) http://www.sos.state.co.us/

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Please Note the following:

1) A PDF copy of the Bid, and all attachments, must also be saved to a USB flash drive. The USB flash drive must be included in the sealed Bid envelope.

2) Faxed, emailed and telephoned Bids are not acceptable. Bidder will assume full responsibility for any costs related to this Bid including express delivery, parcel post, packing, cartage, insurance, license fee permits or cost of bonds.

2.2 Bidder Response

Bidder’s responses shall consist of the following:

2.2.1 Mandatory Checklist (Attachment F)

2.2.2 Invitation for Bid Response Cover Sheet

Information on this Sheet must be filled out in its entirety by Bidder. Bid Response Sheet must be signed. Electronic signatures will not be accepted.

2.2.3 Colorado Secretary of State Certificate of Good Standing Bidders must provide the following information in their response, and both items should demonstrate the existence of the business for a minimum period of five years prior to Bid submission:

a) The Certificate of Good Standing must be current, and can be obtained at:

http://www.sos.state.co.us/pubs/business/businessHome.html

b) The Certificate of Good Standing must demonstrate the existence of the business for a minimum period of five years prior to Bid submission.

2.2.4 W-9 Request for Taxpayer Identification Number and Certification (Attachment D)

In order to do business with a State Agency, Vendors are required to provide FEIN information to indicate their legal business identity.

2.2.5 Vendor Disclosure Statement (Attachment E)

In compliance with § 24-102-206 C.R.S., (Contract performance outside the United States or

Colorado), and directed by the Colorado Office of the State Controller (OSC), Vendors are required to disclose information to the State on where services will be performed.

2.2.6 Company Experience and Demonstrated Capability Fact Sheet (Attachment B)

Bidders must be able to demonstrate the ability to perform according to the terms of this Bid. The purpose of this section is to provide the State the ability to assess the Bidder’s experience and capabilities providing similar or relevant goods and associated services to other states and organizations, in order to make a determination of responsibility.

Please Note the Following:

1) A maximum of three (3) Fact Sheets for each primary contract described. Each fact sheet shall not exceed 2 pages in length.

2) If the Bidder has performed more than three (3) contracts governing similar services in the past five (5) years, submit information about the three (3) most recent contracts.

3) Descriptions shall be detailed and comprehensive enough to permit the State to assess the similarity of those contracts to the delivery of services anticipated under awards resulting from this Solicitation.

4) The State Purchasing Office may require additional information of the apparent successful Bidder(s) to determine ability to perform. This information may include, but is not limited to, previous experience of company, years in business, financial condition, and site visits. The State Purchasing Office reserves the right to visit Bidder’s office(s) and production site(s) to verify such ability.

5) The State’s determination of the similarity of the services described, to those specified in this Solicitation, shall be final. Failure to provide verifiable references may cause the Bid to be rejected.

2.2.7 References (Attachment G)

http://www.sos.state.co.us/pubs/business/businessHome.html

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Information for three (3) references for recent services provided under contracts that are similar in size, scope (Printing services for any State-level public assembly), complexity, and type as that described in this Solicitation. “Recent services provided” means performance within the past five

(5) years. References must contain the following information:

a) First and Last Name

b) Title

c) Company Name

d) Address

e) Telephone Number

f) Description of Services

2.2.8 Company Locations (Attachment H)

Bidder shall provide information for other company locations that may be involved in the fulfillment of the contract.

2.2.9 Subcontractors (Attachment H)

Bidder shall provide a complete list of any Subcontractors who may perform any of the work involved in fulfilling the contract.

2.2.10 Equipment List (Attachment H)

Bidder shall provide a complete list of the equipment that is anticipated to be used to accomplish the requirements of the contract.

2.2.11 State Employment Affiliation (Attachment H)

Bidders must submit an explanation of any State employment affiliation as described on the VSS website, under Terms.

2.2.12 Sample Billing Statement

a) Submit, along with the Bid, a sample copy of a billing statement that will be used to notify each State house of amounts payable under the contract.

b) The billing statement must be itemized in a way that allows each State house to reconcile its records of pages sent to the printer with the pages for which it is being charged.

2.2.13 Bid Bond

a) Submit a Bid bond, certified check, or money order in the amount of five percent (5%) of the Vendor's total Bid, made payable to the Treasurer of the State of Colorado, as a Bid security and evidence of good faith on the part of the Vendor.

b) The Bid bond or check must accompany the Bid and be available at the Bid opening. ANY

BID UNACCOMPANIED BY BID SECURITY SHALL BE AUTOMATICALLY DISQUALIFIED.

c) If the apparent successful Bidder does not enter into a fully executed contract, in accordance with terms and conditions of this Bid, the State reserves the right to recover any and all losses incurred up to the total value of said bond, pursuant to §24-70-209.2, C.R.S.

2.2.14 Turnaround Time, Representation, and Implementation Plan (Attachment I)

a) Bidders shall describe their company’s plans to meet the State’s requirements for delivery within specific turnaround times, as described in Subsection 4.4, Workflow Requirement and Turnaround Time.

b) Include a contact sheet that identifies the number of employees, names, titles, office location(s), office phone(s), and email address(es) for all company representatives assigned to support the resulting contract. Include the after hours contact person(s) and complete contact information. This contact sheet must also include the following:

1) Identify the Primary Point of Contact for the State.

2) Identify which person(s) are authorized to respond to the State’s technical questions.

3) Identify which person(s) provide other customer service and support.

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Note: The State requires that the level of representation, meaning the number of Vendor representatives and their experience level, is maintained to the State’s satisfaction, through the optional years of renewal of the resulting contract. The State reserves the right to approve changes in Vendor Representation throughout the contract.

c) Bidders shall describe their company’s Implementation Plan to meet the State’s requirements.

The Implementation Plan, at a minimum, must address transition tasks at the beginning of the new contract, and include a timeline for full, ongoing production capabilities. In addition, the State requires the following:

1) Awarded Vendor(s) establish a customer ordering account within two (2) business days of the State’s request.

2) Awarded Vendor(s) establish a working relationship with the customer within five (5) business days of the State’s request. Working relationship means attending customer on-site meeting(s) to develop strategic delivery plans and other State-identified requirements.

Note: The State reserves the right to approve changes in the Vendor’s Implementation plan throughout the contract.

2.2.15 Price Response (Attachment C)

Bidders shall submit all pricing information according to the format and instructions contained in

Attachment C.

Please Note the Following:

1) Complete Attachment C as directed. NO modifications to Attachment C will be accepted.

2) The State will verify price for each line item. Therefore, reading of all Bid item prices at the public Bid opening is not reasonable or desired, per State Procurement Rule R-24-103-202a-08(b).

3) Pricing cannot increase for the first 24 months of the contract, however, decreases shall be accepted. Thereafter, if the renewal option is exercised, only one such increase may be allowed in the remaining 24-month period.

4) Requests for price increases, substantiated by verifiable manufacturer cost increases, may be allowed only on the basis of prior approval by the General Assembly. However if price increases for any item exceed what the General Assembly considers to be normal or expected, the State reserves the right to seek additional competition and/or buy those products and services from other sources.

Failure to notify the State of price increases shall result in the Awarded Vendor(s) furnishing products and services at the original Bid price.

2.2.16 Sample

Bidders shall submit a sample of the Softbound Binding cover for Item #6 (Bound Volumes –

House & Senate Journals). Refer to Subsection 4.2.6, Item #6: Bound Volumes (House &

Senate Journals), for specifications.

2.3 Agreement to Bid Terms

Bidder guarantees to the State Purchasing Office that it understands and agrees to the terms and conditions of Solicitation # IFB-NK-MAAA-15-001. If it becomes necessary for the Bidder to cancel its offer on any awarded service(s), the Bidder is required to provide written notification with documented justification, at least thirty (30) days prior to the start date of the contract. This notification shall be sent to the State Purchasing Office, 1525 Sherman Street, 3 rd

Floor, Denver, Co 80203. Depending on the circumstances of the notification, the State reserves the right to award to the next lowest Bidder or to re-

Bid the service(s).

2.4 Agreement to Contract Terms

2.4.1 Awarded Vendor(s) must be willing to enter into a contract with the Colorado General Assembly.

2.4.2 By signing the Response Cover Sheet, Bidders indicate their willingness to agree to Exhibit A

(Sample Model Contract) terms and conditions, including the State of Colorado Special

IFB-NK-MAAA-15-001 Page 11 of 23

Provisions.

Section 3 – Performance

3.1 Vendor Guarantee

3.1.1 Awarded Vendor(s) guarantee(s) a continuing supply and consistent quality of services offered, and that it will not intentionally default from performance by virtue of a mistake or misunderstanding.

3.1.2 Awarded Vendor(s) shall be fully responsible for all loss, damage, or destruction of publications for State use in the hands of the Vendor. Any materials that are damaged or lost by the Awarded Vendor(s), whether furnished by the State or the contractor, must be repaired or replaced at the Awarded Vendor(s)’s expense.

3.1.3 Vendor further warrants that failures of performance shall be corrected or remedied at no additional cost to the State within the following schedule: within two hours for the daily calendars and bills and concurrent resolutions; and within twenty-four hours for all other documents.

3.1.4 If Awarded Vendor(s) fail(s) to perform, the State reserves the right to take remedial action including cancellation of the contract (with a 30 day written notice) for cause (default). Cause is defined as failure to meet requirements of the written specifications and conditions, or correct deficiencies upon receipt of notice. Failure to maintain satisfactory performance after notice will be sufficient cause for immediate cancellation of the award.

3.1.5 Performance Bond

a) A performance bond in the amount of $75,000, conditioned to secure satisfactory performance of the contract, will be required to be posted for the initial contract period by the apparent successful Bidder(s) and, if exercised, during the two-year renewal period.

b) Prior to the execution of a contract, the apparent successful Bidder(s) shall deliver to the Division of Finance and Procurement, State Purchasing Office, and keep and maintain in force such bond. Bond is to become effective on the date of signing of contract by both parties.

c) Such bond shall be delivered within 10 calendar days of notification of award, as required pursuant to §24-70-209, C.R.S., and within ten calendar days after notification of renewal for an additional two-year period.

3.2 Independent Contractor

3.2.1 Awarded Vendor(s) shall perform duties arising out of this Solicitation as an Independent

Contractor, and not as an employee. Neither the Awarded Vendor(s) nor any agent or employee of the Awarded Vendor shall be or shall be deemed to be an employee of the State.

3.2.2 The Awarded Vendor(s) acknowledge that the Awarded Vendor and its employees are not entitled to unemployment insurance benefits unless the contractor or a third party provides such coverage, and that the State does not pay for or otherwise provide such coverage.

3.2.3 The Awarded Vendor shall have no authority to bind the State to any agreements, liability or understanding except as may be expressly set forth in the Contract or Purchase Order.

3.2.4 The Awarded Vendor shall provide and keep in force, workers’ compensation and unemployment compensation insurance overage in the amount required by law, and shall be solely responsible for the acts of the contractor, its employees, any Subcontractor(s), and agents.

3.3 Subcontractors

3.3.1 Bidders may subcontract the bookbinding portion of the Bid specifications. Except for book binding as required in the specifications, no further subcontracting shall be permitted without the written permission of the President of the Senate and Speaker of the House.

Bidders must identify any other work intended to be subcontracted.

3.3.2 In the event an Awarded Vendor elects to use Subcontractors in the performance of the specifications, the Awarded Vendor shall serve as the prime contractor, and shall be fully

IFB-NK-MAAA-15-001 Page 12 of 23 accountable to the State for assuring that the Subcontractors comply with the terms and conditions of the resulting contract between the State and the prime contractor, and shall be liable in the event Subcontractor(s) fail to comply with such terms and conditions.

3.4 Ownership and Intellectual Property Rights of the State

The State of Colorado shall be the sole owner of all printed material produced pursuant to the resulting contract. Copies shall not be sold, provided or otherwise distributed by Awarded Vendor(s).

3.4.1 Any Intellectual Property products delivered to the State shall be the exclusive property of the State. Any software, research, reports, studies, data, manuals, photograph, negatives or other documents, drawings or materials (“work”) prepared by the Awarded Vendor(s) in the performance of its obligations under the contract shall be the exclusive property of the State and all such materials shall be delivered to the State by the Awarded Vendor(s) upon completion, termination or cancellation of an order.

3.4.2 The Contractor hereby assigns to the State any and all rights, title, and interest it may have in, and to, the work performed pursuant to the resulting contract or any order, and agrees to cooperate with and assist the State in applying for, and executing, any applications and/or assignments reasonably necessary to obtain a patent or copyright thereon.

3.4.3 The Awarded Vendor(s) shall not use, willingly allow, or cause to have such work used for any purpose other than the performance of the Awarded Vendor(s) obligations under the resulting contract, without the prior written consent of the State. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works.

Section 4 – Statement of Work

4.1 Bid Item Requirements

The Awarded Vendor(s) shall be required to provide the following; however, the House and the Senate reserve the right to reduce the number of daily copies upon notice to the Awarded Vendor(s):

4.1.1 Item #1: Bills and Concurrent Resolutions

275 copies of 6,700 Original Pages of bills per year.

4.1.2 Item #2: Daily House of Representatives Calendars

525 copies of 1,000 Original Pages of calendars per year (camera-ready) (House 5 ½" x 8 ½ ").

4.1.3 Item #3: Daily Senate Calendars

525 copies of 1,300 Original Pages of calendars per year (camera-ready) (Senate 8 ½" x 11").

4.1.4 Item #4: Daily House Journal

175 copies of 2,000 Original Pages of Daily Journals per year (camera-ready) (House 5 ½" x 8 ½").

Approximately 100 copies un-punched for bookbinding of 2,000 revised, Original Pages per year.

4.1.5 Item #5: Daily Senate Journal

225 copies of 1,450 Original Pages of Daily Journals per year (camera-ready) (Senate 8 ½" x 11").

Approximately 120 copies un-punched for bookbinding of 1,450 revised, Original Pages per year.

4.1.6 Item # 6: Bound Volumes (House & Senate Journals)

Approximately 200 volumes per year of the House Journal, 6" x 9" (100 - 2 volume sets per year) of either Hard Buckram Case Bound or softbound 14 Point Lexotone cover binding.

Approximately 240 volumes per year of the Senate journal, 8 ½" x 11" (120 - 2 volume sets per year) of either Hard Buckram Case Bound or softbound 14 Point Lexotone cover binding.

IFB-NK-MAAA-15-001 Page 13 of 23

Note: Bids submitted for Item #6 are to include pricing for both hardbound and softbound volumes.

4.1.7 Item #7: Index and Appendix for Bound Volumes

Approximately 100 copies of 250 Original Pages of Index and Appendix in the bound House Journal per year.

Approximately 120 copies of 250 Original Pages of Index and Appendix in the bound Senate Journal per year.

4.1.8 Item #8: Tab Dividers and Bleed Pages

Approximately 100 1 - 4 House tab dividers per year 6" x 9" plus extended tab.

Approximately 120 1 - 4 Senate tab dividers per year 8 ½" x 11" plus extended tab.

Approximately 100 copies of House bleed section pages (40 copies each per year) 6" x 9" (if softbound volumes are chosen).

Approximately 120 copies Senate bleed section pages (40 copies each per year) 8-1/2" x 11" (if softbound volumes are chosen).

Note: Bids submitted for Item #8 are to include pricing for both tab dividers (hardbound volumes) and bleed pages (softbound volumes).

4.2 Bid Item Specifications

The format of any printed product MUST match EXACTLY the document formatting of the original printed version as created using the General Assembly's then current software and printer driver (currently Word Perfect X4 and HP LaserJet 9050). Such formatting may include, but not be limited to, line numbering and line content (words beginning and ending each line); page number and page content (words beginning and ending each page; underscoring; shading; stricken type; and "all caps" fonts.

4.2.1 Item #1: Bills and Concurrent Resolutions

a) Quantity: 275 copies of each Original Page of each bill or concurrent resolution (approximately 6,700 Original Pages per year), and such additional copies as may be requested later.

b) Duplicating method: Camera-ready, photo offset or xerographic duplicating.

c) Delivered product: Delivered product shall be printed on 20# white recycled paper or the equivalent (which must contain a minimum of 30% post consumer waste), printed front and back, collated, trim single sheet size 8 ½" x 11" corner stapled, standard 3/8" 3-hole punch.

d) Time of completion/delivery: Awarded Vendor(s) shall complete and deliver copies no later than 6:30 a.m. on the first legislative day after receipt.

e) Blank pages: Awarded Vendor(s) shall not charge for blank pages.

f) Liquidated damages: In case the Awarded Vendor(s) fail(s) to fully perform and complete the work to conform with these requirements, and within the time period specified for all deliveries, the amount of $8.00 per Original Page per legislative day, including any work not acceptable due to quality and/or missing pages that require a rerun, will be assessed as liquidated damages. No additional charge for overtime will be allowed.

g) Exceptions: Exceptions to the aforementioned are:

1) In the case of the long appropriations bill, a minimum of less than 275 copies may be set by the Chief Clerk of the House or the Secretary of the Senate (usually about 600 Original Pages comprise such bill) to be bound using a three inch ring or other method approved by the Chief Clerk of the House or the Secretary of the Senate, completed, and returned on the second legislative day after receipt; and

2) If deemed necessary by the Chief Clerk of the House or the Secretary of the Senate, or their designees, an exception to the requirement of at least 275 copies may be requested in the case of supplemental appropriation bills, and any other bill consisting of more than 100 Original Pages. In those cases, the minimum number of copies shall be set by the Chief Clerk of the House or the Secretary of the Senate, or their designees.

h) “In house” printing by the Legislative Print Shop: The General Assembly reserves the right to print bills and concurrent resolutions "in house" in emergency situations. Such situations shall be as determined by the Chief Clerk of the House and the Secretary of the Senate, but generally will occur when it is determined by the Chief Clerk of the House and the Secretary of the Senate that the legislative print shop must print bills because of time

IFB-NK-MAAA-15-001 Page 14 of 23 limitations. In such situations, there shall be no obligation for the House or Senate to deliver bills to the Awarded Vendor(s) for that day, nor any obligation of the Awarded Vendor(s) to print the same.

i) Pre-filed and preprinted bills and concurrent resolutions (House and Senate): Bills and concurrent resolutions filed prior to the convening of the General Assembly shall be subject to the same specifications and requirements as above, except that such pre-filed and preprinted bills and concurrent resolutions shall be delivered by the Awarded Vendor(s) no later than five business days after delivery of copy to the Awarded Vendor(s), or 9:00 a.m. the day prior to the day of the convening of the session, whichever deadline occurs first. Liquidated damages of $8.00 per Original Page per calendar day shall apply to pre-filed and preprinted bills and concurrent resolutions delivered by Vendor after this deadline.

Note: Submit price per Original Page (275 copies) and additional copies price per Original Page on Attachment C (Price Response).

4.2.2 Item #2: House of Representatives Daily Calendars

a) Quantity: 525 copies of each original House calendar page (approximately 1,000 Original Pages per year).

b) Duplicating method: Camera-ready, photo offset or xerographic duplicating.

c) Delivered product: Delivered product shall be reduced and printed on 20# white recycled paper or the equivalent, printed front and back, collated, trim single sheet size 5½" x 8 ½", or two images on sheet size 8 ½" x 11", corner stapled on three pages or more acceptable, standard 3/8" 3-hole punch.

d) Time of delivery: Awarded Vendor(s) shall deliver copies no later than 6:30 a.m. the next legislative day if in actual session during that day.

e) Blank pages: Awarded Vendor(s) shall not charge for blank pages.

f) Liquidated damages: Liquidated damages shall be $200 per legislative day for late delivery.

g) “In house” printing by the Legislative Print Shop: In emergency situations when the legislative print shop must print next morning's calendars because of time limitations, there shall be no obligation for the House to deliver the calendar to the Awarded Vendor(s) for that day, nor any obligation on the Awarded Vendor(s) to print the same.

Note: Submit price per Original Page for House calendars (525 copies) and additional copies price per Original Page on Attachment C (Price Response).

4.2.3 Item #3: Senate Daily Calendars

a) Quantity: 525 copies of each original Senate calendar page (approximately 1,300 Original Pages per year).

b) Duplicating method: Camera-ready, photo offset or xerographic duplicating.

c) Delivered product: Delivered product to be reduced and printed on 20# white recycled paper or the equivalent, printed front and back, collated, trim single sheet size 8 ½" x 11"

(corner staples), or 11" x 17" center fold, standard 3/8" 3-hole punch.

d) Time of delivery: Awarded Vendor(s) shall deliver copies no later than 6:30 a.m. the next legislative day if in actual session during that day.

e) Blank pages: Awarded Vendor(s) shall not charge for blank pages.

f) Liquidated damages: Liquidated damages shall be $200 per legislative day for late delivery.

g) “In house” printing by the Legislative Print Shop: In emergency situations when the legislative print shop must print next morning's calendars because of time limitations, there shall be no obligation for the Senate to deliver the calendar to the Awarded Vendor(s) for that day, nor any obligation on the Awarded Vendor(s) to print the same.

Note: Submit price per Original Page for Senate calendars (525 copies) and additional copies price per Original Page on Attachment C (Price Response).

4.2.4 Item #4: Daily House Journal

a) Quantity: 175 copies of each original daily House of Representatives journal page (approximately 2,000 Original Pages per year), plus approximately 100 copies of Original

IFB-NK-MAAA-15-001 Page 15 of 23

Pages printed, un-punched, to be delivered approximately 10 to 12 weeks after the session adjourns for the bound House of Representatives Journal are required. The exact number of copies of Original Pages for the bound journal shall be specified by the Chief Clerk of the House of Representatives at the time that the House notifies the Awarded Vendor(s) that the final copy is ready for delivery to the Awarded Vendor(s).

b) Duplicating method: Camera-ready, photo offset or xerographic duplicating.

c) Delivered product

1) Regular Journal pages shall be reduced and printed on 20# white recycled paper or the equivalent, printed front and back, collated, trim single sheet size 5 ½" x 8 ½", or two images on sheet size 8 ½" x 11", corner staple on three pages or more acceptable, standard 3/8" 3-hole punch.

2) Journal pages for the bound journal shall be reduced and printed on acid-free, alkaline-based, archival quality paper; 50# white; offset; virgin fiber; no recycled paper will be accepted.

3) Time of delivery: Awarded Vendor(s) shall deliver copies by 6:30 a.m. the next legislative day if in actual session during that day; except that the deadline for delivery of the pages for the bound House of…