COLORADO DEPARTMENT OF PUBLIC SAFETY

SIGNATURE PAGE

INVITATION FOR BID #: RBAA2017-0231

TITLE: Performance Based Brake Test (PBBT) System

DATE DUE: APRIL 19, 2017, 1:00 PM MT

ISSUING OFFICE: This Invitation for Bid (IFB) is issued by the Colorado Department of Public Safety (CDPS) Office of the Procurement Director. The CDPS Procurement Office is the sole point of contact concerning this solicitation.

Issuing Office Address: Colorado Department of Public Safety

Procurement Office

700 Kipling Street

Denver, CO 80215

BIDS WILL BE ACCEPTED AT THE ISSUING OFFICE ONLY. FACSIMILE (FAX) OR EMAIL BIDS

WILL NOT BE ACCEPTED.

Prices shall be binding and valid for 120-days from the closing date.

FEIN________________________________________________ DATE___________________________________

^Enter your FEIN or SSN as registered on Colorado VSS.

NAME OF COMPANY___________________________________________________________________________

ADDRESS____________________________________________________________________________________

CITY____________________________________________ STATE_______________ ZIP CODE______________

PHONE _________________________________________ FAX _______________________________________

EMAIL ADDRESS _____________________________________________________________________________

My company is registered on Colorado VSS. Enter Vendor #:___________________________________________

Confirm #_____ of Amendments received.

Indicate if your company is a Service Disabled Veteran Owned Small Business: _________

Indicate if your company is a Woman Owned Small Business: __________

PRINT NAME OF COMPANY REPRESENTATIVE___________________________________________________

TITLE: ______________________________________________________________________________________

SIGNATURE OF COMPANY REPRESENTATIVE ___________________________________________________

Handwritten ORIGINAL signature by an authorized officer or agent of the vendor.

RETURN THIS PAGE

IFB RBAA2017-0231 PBBT Equipment

TABLE OF CONTENTS

Signature Page …….……………………………………………………………………………………………

Table of Contents……

1.0 General

1.1 Vendor Self Service System (VSS) and Registration

1.2 Contractual Obligations

1.3 Type of Contract

1.4 Schedule of Activities

1.5 Term of Contract

1.6 Binding Proposal

1.7 Statewide Contract Management System

1.8 Performance Outside the State of Colorado and/or the United States

1.9 Service Disabled Veteran Owned Small Business (SDVOSB)

1.10 Independent Contractor Status

1.11 Submission

1.12 Modifications

1.13 Public Openings of Proposals

1.14 Award & Evaluation Criteria

1.15 Audits

2.0 Specifications

2.1 Purpose

2.2 Specifications of Goods and Services

3.0 Bid Submission Format and Guidelines

Exhibit A – Specifications for the Performance-Based Brake Testing System

Exhibit B – Prices and Rates

1.0 General

1.1 Vendor Self Service System (VSS) and Registration

This solicitation is published using the Colorado Vendor Self Service System (VSS). Vendors must be actively registered on VSS to be considered responsive by the closing date of the IFB to be considered for award. VSS and its registration information may be found through the following link: https://www.colorado.gov/vss. System availability, errors, rejections, etc. will not be a basis for exception to the active registration requirement. Any notices of award or other information concerning this requirement will be posted on VSS.

1.2 Contractual Obligations

The contract or purchase order between CDPS and the successful offeror will consist of a State contract or purchase order drafted by CDPS, including all necessary documents, attachments, and/or exhibits necessary to form a binding agreement. See the following link for the State’s standard purchase order terms and conditions:

https://www.colorado.gov/pacific/osc/purchase-order-terms-conditions. By submitting a Bid, vendors are agreeing to all terms and conditions of the solicitation. Any proposed changes submitted with bids will be evaluated and may be included and/or rejected, at the option of the State, as determined in the State’s best interests.

1.3 Type of Contract

The successful bidder will be issued a State contract or purchase order for any award that may result from this

IFB.

1.4 Schedule of Activities

These activities are for information and planning purposes. Those items identified as ‘estimated’ are subject to change depending on the needs of the State. All times are Mountain Time (MT)

Activity Date Time (if applicable)

1 IFB Published via VSS (https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService).

April 5, 2017

2 Written Inquiries deadline. NOTE: No inquiries will be accepted after this date. Inquiries shall be sent to cdps_edo_bids@state.co.us. NO PHONE CALLS

WILL BE ACCEPTED.

April 11, 2017

1:00 PM

3 Estimated date of State’s response to inquiries. April 14, 2017

4 Proposal submission deadline. Sealed proposals shall be submitted to the issuing office. Proposals shall include one original and one electronic copy (on removable flash drive).

April 19, 2017

1:00 PM

5 Public opening of proposals. April 19, 2017 2:00 PM

6 Notice of Intent to Award (estimated) April 21, 2017

1.5 Term of Contract

The anticipated award period for this IFB follows the State’s current fiscal year, contingent upon funds being appropriated, budgeted, and otherwise made available and all bid requirements being satisfied. Term will be as identified in any resultant purchase order or contract.

1.6 Binding Proposal

By providing a response to this IFB, Offerors are bound to providing the proposed goods at the costs and rates quoted in their Bid for the length of the award period.

https://www.colorado.gov/vss https://www.colorado.gov/pacific/osc/purchase-order-terms-conditions https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService

1.7 Statewide Contract Management System

If the maximum amount payable to contractor under this contract and/or purchase order is $100,000 or greater, either on the effective date or at any time thereafter, this section applies. Contractor agrees to be governed and to abide by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts/purchase orders and inclusion of contract performance information in a statewide contract management system.

Contractor’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this contract/purchase order, State law, including CRS §24-103.5-101, and State Fiscal Rules, policies and guidance. Evaluation and review of contractor’s performance shall be part of the normal contract administration process and contractor’s performance will be systematically recorded in the State-wide Contract Management

System. Areas of evaluation and review shall include, but not be limited to quality, cost, and timeliness.

Collection of information relevant to the performance of the contractor’s obligations under this contract/purchase order shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of contractor’s obligations. Such performance information shall be entered into the State-wide Contract Management System at intervals established herein and a final Evaluation, Review, and Rating shall be rendered within 30-days of the end of the contract/purchase order term. Contractor will be notified following each performance evaluation and review and shall address or correct any identified problem in a timely manner and maintain work progress.

Should the final performance evaluation and review determine that the contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of

Personnel and Administration (Executive Director), upon request by the Colorado Department of Public Safety, and showing of good cause, may debar contractor and prohibit contractor from bidding on future contracts.

Contractor may contest the final evaluation, review and rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-

102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause.

1.8 Performance Outside the State of Colorado and/or the United States

Following the effective date, contractor shall provide written notice to the State, within 30 days of the earlier to occur of contractor’s decision to perform, or its execution of an agreement with a sub-contractor to perform services outside the State of Colorado and/or the United States. Such notice shall specify the type of services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such services at such location or locations. All notices received by the State pursuant to this section shall be posted on the Colorado Department of Personnel & Administration’s website. Knowing failure by Contractor to provide notice to the State under this section shall constitute a material breach of this contract/purchase order.

1.9 Service Disabled Veteran Owned Small Business (SDVOSB)

1. C.R.S. Section 24-103-211 sets a SDVOSB goal of at least 3% of all contracts by dollar value be awarded to SDVOSB 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 Veteran Enterprise within the U.S. Department of Veterans Affairs. See www.vip.vetbiz.gov.

2. By responding to this solicitation, the successful Offeror certifies that it shall comply with the provisions of C.R.S. Section 24-103-211. Only SDVOSBs that meet minimum specifications can be considered for the percentage preference.

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

3. SDVOSBs must submit documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs in their response to the solicitation.

1.10 Independent Contractor Status

A. VENDOR ENGAGEMENT IN INDEPENDENT TRADE, OCCUPATION, PROFESSION OR

BUSINESS; FREE FROM, DIRECTION AND CONTROL BY THE STATE PURSUANT TO CRS §8-

70-115

B. ADDITIONAL EXHIBIT TO THE CONTRACT

Upon award, any relevant provisions, as detailed within this section, will be added as an exhibit to the

Contract between CDPS and the successful offeror.

C. The parties intend to create an independent contractor relationship between the State and the contractor and for the State to obtain a rebuttable presumption of an independent contractor relationship pursuant to

§8-70-115 by meeting the nine points therein. Vendor (the term “Vendor” includes Contractors and

Grantees) shall perform all of its services and other obligations under the Contract (the term “Contract” includes Agreements and Grants) to which this Exhibit is attached, free from the direction and control of the State. Vendor represents that it is customarily engaged in an independent trade, occupation, profession, or business related to the services performed. These are material representations made by

Vendor to the State, upon which the State relied in issuing a Contract, and without which, a Contract would not have been issued. In accordance with the foregoing, the State does not and shall not:

a. Require Vendor to work exclusively for the State; Vendor is free to perform work for other entities, and represents that it does hold itself out to perform work for other entities on a regular, ongoing basis. Vendor may schedule and perform similar work for others any time it wishes, including on the same day it does so for the State;

b. Establish a quality standard for Vendor; except that the State can provide plans and specifications regarding the work but cannot oversee the actual work or instruct Vendor as to how the work will be performed;

i. Pay a salary or hourly rate but rather a fixed or contract rate that has been negotiated by the parties;

ii. Terminate the work during the PO or Contract period unless Vendor violates the terms of the PO or fails to produce a result that meets the specifications of the PO or Contract;

iii. Provide training, instruction, briefings, and orientations to Vendor regarding performance of the work, except as specifically stipulated within this PO or Contract’s scope of work.

The State shall notify Vendor when Vendor may begin performing the work and its other obligations;

iv. Supply Vendor with State-owned or leased real property, tools, benefits, equipment, supplies, or other property to perform the work, except as specifically stipulated within this PO or Contract’s scope of work. Vendor shall perform and maintain its own real property, tools, or rent or lease tools, equipment, supplies, or other personal property, and/or other items needed for the performance of the work under this PO or Contract and its other obligations hereunder and when applicable;

v. Dictate the time of performance; except that a completion schedule and a range of mutually agreeable work hours may be established;

vi. Pay Vendor personally but rather makes checks payable to the trade or business name of

Vendor; and

vii. Combine the State’s business operations in any way with Vendor’s business, but instead maintain the State’s and Vendor’s operations as separate and distinct.

D. BENEFITS DISCLOSURE

Vendor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Vendor or any of its agents or employees. Unemployment insurance benefits shall be available to Vendor and its employees and agents only if such coverage is made available by Vendor or a third party. Vendor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Vendor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.

1.11 Submission

By submission of a bid, Offeror agrees as follows:

Except as replaced, modified, or supplemented, all items in the State of Colorado Solicitation

Instructions/Terms and Conditions are considered part of, and are incorporated by reference into this document. These items may be accessed at:

o https://bidscolorado.com/purchasi.nsf/444e9694db1e7b81872564dc006ee0a9/5a826b0e1fdc7

2ff87257552007c24de?OpenDocument

Offeror testifies that bid prices were arrived at independently and there was no collusion involved.

The Offeror 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. Offerors shall seek clarification of any specifications, terms and/or conditions that they determine to be unclear. The failure of a bidder to seek clarification may be deemed a waiver of any such clarification.

Offerors shall accept the terms and requirements of this IFB without exception, deletion or qualification and without making its offer contingent.

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 department 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.

CDPS reserves the right to reject any and all bids or parts thereof, and to waive informalities or irregularities.

Reciprocity is mandated by statute. CRS 8-18-101 states, “When a contract for commodities or services is to be awarded to a bidder, a 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.” The Colorado Department of Public Safety will apply this statute to the extent necessary for all solicitations posted on Colorado VSS.

Low tie bids will be awarded in accordance with CRS 24-103-202.5.

1.12 Modifications

All modifications shall be in writing and posted to VSS. Vendors are responsible for checking VSS prior to the opening date and time for solicitation modifications.

1.13 Public Openings of Proposals

CDPS will conduct a public opening of bids as stated herein. The public opening will disclose the names of bidders who have submitted a proposal, no other information will be made available at that time.

1.14 Award & Evaluation Criteria

All information requested (and submitted) will be considered in determining any resultant award. The Offeror who submits the lowest responsive bid, whose bid meets the requirements and criteria set forth in the IFB and https://bidscolorado.com/purchasi.nsf/444e9694db1e7b81872564dc006ee0a9/5a826b0e1fdc72ff87257552007c24de?OpenDocument https://bidscolorado.com/purchasi.nsf/444e9694db1e7b81872564dc006ee0a9/5a826b0e1fdc72ff87257552007c24de?OpenDocument who is most advantageous to the State will receive the award. CDPS will consider price, equipment specifications, and responsiveness to the IFB in making a final award determination.

1.15 Audits

CDPS reserves the right to adequately ensure proper integrity of all aspects and representations of the

Department, including the perceived affiliations with its vendors. Therefore, CDPS reserves the right to perform audits and inspections of the awarded Offeror (and subcontractors) conformance to any or all contractual requirements at any time during the performance of the contract. CDPS also reserves the right to interview the awarded Offeror and subcontractor staff members, if necessary and with sufficient notice, regarding such conformance. Due notice will be provided in writing to the Offeror prior to conducting audits or inspections.

Subcontract requirements will permit participation in audits and inspections by CDPS and CDPS support contractors.

2.0 Specifications

CDPS is soliciting bids for a performance-based brake testing system (PBBT). A PBBT is a device that can assess the braking capabilities of a vehicle through a quantitative measure of either individual wheel brake forces and/or overall vehicle braking performance in a controlled test. The primary benefit of the PBBT is to provide an objective, consistent, and standard measure of the braking performance of a vehicle, irrespective of the brake type, energy supply, or application method and rapidly identify weak brakes or under braked vehicles.

See Exhibit A for all specification requirements.

3.0 Bid Submission, Format, and Guidelines

Offeror shall submit their response to this IFB to the issuing office and include the following:

Submission shall be sent in a sealed envelope marked on the outside with the Offeror’s name, Solicitation Number, Solicitation Title, and the bid opening date and time.

Submission shall include one original and one electronic copy on a USB flash drive of the following:

a. A completed IFB Signature Page, which can be found on Page 1 of this IFB;

b. A Cover letter. This cover letter should also indicate previous experience and current references providing similar products.

c. A point-by-point discussion of how the vendor meets the specifications and requirements listed in

Exhibit A.

d. Detailed training plan on how the training will be administered. Include a copy of training outline and/or plan, length of training, and how many people it will accommodate.

e. Details on extended warranty, including what the warranty will cover and include any option years for warranty (costs in year 2 through 5).

f. Details on preventative maintenance schedule.

g. Include completed Exhibit B – Pricing.

Exhibit A – Specifications for the PBBT System

- The PBBT shall:

o Comply with Federal Motor Carrier Safety Regulations (FMCSR) 393.52 o Meet 65 FR 48799 functional specifications o Meet all Commercial Vehicle Safety Alliance and DOT requirements o Trailer shall be equipped with a spare tire and tools necessary to change out tires.

o Be capable of rapid deployment (30-minutes) by a single operator o Have an integrated towable trailer configuration (integrated mobile unit) o No ramp section shall exceed 50 pounds o Be equipped with steel coated rollers that require no maintenance or resurfacing.

o Measure braking force produced by each wheel, right to left, and axle by axle o Compact, rugged, and towable portable system o Be designed to operate in harsh conditions (any weather).

o Be able to operate on any ground condition (snow, gravel, mud, standing water, etc.) and be fully weather proof with a ground clearance of at least 10.5” o Be self –contained, including power unit.

o Be capable of accurately testing a vehicle with up to 40,000 pound axle weight and total vehicle weight in excess of 100,000 pounds o Be equipped with a roller locking system to eliminate the use of roller brakes.

o Include a compatible, fully rugged laptop computer and compatible mobile printer.

o Include spares of wearable items such as hand controller and download cables.

o Include extra ramps or ramp extensions to accommodate low clearance vehicles.

o Include a one year (or industry standard) warranty on all material and workmanship

- The PBBT shall meet all requirements listed in the Colorado Revised Statutes related to lights, brakes, and other equipment to ensure it is compliant and roadworthy according to Colorado law.

- The PBBT shall be VIS Check VIS-TF-RLD or equal. The use of the brand name is for the purpose of describing the standard of quality, performance, and characteristics. Substantially equivalent equipment, meeting the same specifications to the brand designated will be considered.

Offeror shall include specifications and price proposals regarding an option for an Extended Warranty associated with the PBBT.

Offeror shall also include specifications, estimated response times, and price proposals regarding an option for a

Preventative Maintenance Plan associated with the PBBT.

Offeror shall include delivery time (in calendar days ARO), FOB Destination, to Golden, CO 80401

Exhibit B – Pricing

BID ITEM QUANTITY/UI UNIT COST EXTENDED AMOUNT

0001:

PBBT System

0002/each

0002:

Training Costs (To Teach

Personnel How to Use System)

0001/lump sum

0003:

Extended Warranty (Option

Item)

0001/year

0004:

Preventative Maintenance

(Option Item)

0001/year

TOTAL ITEMS 0001

THROUGH 0004