ITN PEAA 2026_0007 - Mainstem Water Admin Spreadsheet & Water Operations and Exchanges Approval Tool.pdf

Invitation to Negotiate

ITN PEAA 2026*0007

Mainstem Water Admin Spreadsheet & Water Operations and Exchanges Approval Tool

1.0 Overview

1.1 ITN Overview, Authority & Issuing Office

This Invitation to Negotiate (ITN) is issued pursuant to, and subject to the State of Colorado Procurement Code (§24-101-101 through §24-112-101, CRS) and its enabling Procurement Rules, 1 CCR 101-9. Any conflict between the information in this ITN and the Procurement Code or Procurement Rules will be resolved in favor of the applicable provision of the Procurement Code or Procurement Rules. For more information on the ITN solicitation process, reference the Department of Personnel & Administration (DPA) Invitation to Negotiate process overview training for vendors. Unless otherwise specified elsewhere in this ITN, any definitions in this ITN are supplemental to the definitions in the Procurement Code and Rules. In the event of a conflict of terms, the order of precedence will be the Colorado Revised Statutes, the Procurement Rules, the Personal Services Draft Contract, and finally this ITN.

This ITN is issued by the State of Colorado, Department of Natural Resources (Department or DNR), on behalf of the Division of Water Resources (DWR). All contact regarding this solicitation is to be directed to the Agency Buyer:

Colorado Department of Natural Resources, Purchasing Office 1313 Sherman Street. Room 718. Denver, CO 80203 Klay Tolleson Email: klay.tolleson@state.co.us

Important: Because phone lines may not be consistently monitored, email is the preferred method of communication. The individual listed above is the sole point of contact for this solicitation. Initiating contact with anyone other than this individual may result in Respondent disqualification.

https://drive.google.com/file/d/1RpY0vjXAgk8uIorSAfDei6k-Mlkdje2m/view mailto:klay.tolleson@state.co.us

1.2 Purpose

The purpose of this ITN is to receive competitive responses with the goal of negotiating a contract for supporting DWR in the development of two separate tools to be used to maximize the beneficial use of water in the Arkansas River Basin (Division 2).

One tool is the Water Operations and Exchanges Approval Tool, which shall be a Spreadsheet tool that consolidates data about stream conditions, exchange potential, calls, water quality, volumetric limits, and other decree requirements for exchanges and other water operations to support DWR staff consideration of requests for such operations.

The other tool is the Mainstem Water Admin Spreadsheet which supports water commissioner daily decision making by providing timely current water supply data in combination with water rights priority and stream location information, along with historical data in one interface.

Respondents may provide a response for supporting the development of one or both tools.

The Department is seeking Responses and negotiations that offer effective and creative programs, value added opportunities, cost effectiveness and identification of means and methods to assist entities with the needed services.

The Department does not guarantee a minimum amount of work to be assigned pursuant to the contract. The Department may award to a single or multiple Respondents capable of fulfilling the Agency’s project needs.

The Department reserves the right to add additional goods/services that would be seen as a natural extension of this procurement over the term of this award, and retains the ability to make purchases outside of this solicitation as may be allowed by the Colorado Procurement Code.

1.3 Schedule of Activities

1. ITN Posted to Colorado Vendor Self Service (VSS)

a. Jun 30, 2026

2. Questions Due

a. Jul 10, 2026 5:00 PM MDT

3. Answers Posted to Colorado VSS

a. Jul 15, 2026

4. Response Submission Deadline

a. Jul 31, 2026 12:00 PM MDT

5. Public Response Opening

a. Jul 31, 2026 2:00 PM MDT

6. Expected Response Evaluation Period (Subject to Change)

a. - Aug 3, 2026 Aug 14, 2026

7. Expected Negotiations Period (Subject to Change)

a. - Aug 19, 2026 Sep 18, 2026

8. Expected Notice of Award Decision Date (Subject to Change)

a. Sep 30, 2026

9. Expected Project Start Date (Subject to Change)

a. Oct 1, 2026

1.4 Vendor Inquiries

Vendors may make written inquiries concerning the ITN to obtain clarification of requirements. No inquiries will be accepted after the date and time specified in the Schedule of Activities, “Questions Due”. Questions must be submitted in writing via email as an attachment or through the solicitation posting in VSS. When submitted by email, please use the solicitation number ITN PEAA 2026*0007 in the subject line of your email and include your name, company name, address and contact information in the attachment. Questions sent via email must be sent to the Agency Buyer’s email address noted in Section 1.1.

An amendment will be posted on the Colorado Vendor Self-Service System in Response to all questions submitted regarding the ITN.

1.5 Amendments

In the event it should be necessary to revise any portion of this ITN, an amendment will be posted on the Colorado Vendor Self-Service System website (see Section 1.6 below).

1.6 Publication and Communication

This solicitation is published on Colorado Vendor Self Service (“VSS”). Respondents are not required, but are encouraged to register on VSS in order to download ITN https://prd.co.cgiadvantage.com/PRDVSS1X1/Advantage4 documents and information. An Respondent can register for no cost or update an existing account on the VSS site. Registration provides benefits of amendment and new solicitation notifications. Vendors registered with VSS that submit a Response through VSS must verify that their VSS vendor account is active. Vendors with inactive or discontinued accounts must take steps to reactivate their account; an active VSS account is required for any vendor receiving an award at the end of the solicitation.

Please use the following links for assistance in account registration and maintenance, including reactivating an existing account:

● VSS Vendor Registration

● VSS Account Maintenance

Respondents should monitor the amendment history in VSS for any updates or modifications. In the event that it becomes necessary to modify the ITN, the modification will be made in VSS. It is very important that Respondents check VSS on a regular basis, as this is the sole method for communicating any modifications. Modifications included in amendments published on VSS take precedence over information in the

ITN.

The VSS Help Desk is available Monday through Friday 8:00 a.m. to 5:00 p.m. MT and can be reached by emailing VSSHelp@state.co.us.

1.7 Public Response Opening

A virtual Response opening will take place at the date and time noted in Section 1.3 Schedule of Activities, “Public Response Opening”. Please join the meeting by using the Google Meet link or by calling the phone number below:

Public Proposal Opening - ITN PEAA 2026*0007 - Mainstem Water Admin Spreadsheet & Water Operations and Exchanges Approval Tool Friday, July 31 · 2:00 – 2:10pm Time zone: America/Denver Google Meet joining info Video call link: https://meet.google.com/txk-fyqq-cfg Or dial: (US) +1 669-220-6743 PIN: 508 853 289# More phone numbers: https://tel.meet/txk-fyqq-cfg?pin=8550240103896

1.8 Additional Attachments/Links

● Submission Form, pages 20-22 of this document

● Exhibit A - Scope of Work for Mainstem Water Admin Spreadsheet

● Exhibit B - Scope of Work for Water Operations and Exchanges Approval Tool https://vss.state.co.us/vendor-topics/registration https://vss.state.co.us/vendor-topics/account-maintenance mailto:VSSHelp@state.co.us https://drive.google.com/file/d/1yV7-NVhIFpaR06U77U4c7O6NQWtLZ87A/view?usp=drive_link https://drive.google.com/file/d/1pZ1dW_gR-ZsPZtG0-CLitXFGC383PPhb/view?usp=drive_link

● State of Colorado PO Terms and Conditions

● Example District 16 Admin Spreadsheet Tool and Memo

● Approval Tool Documents: List of exchange decrees and DWR staff summaries of exchange decree requirements

2.0 Contract Information

2.1 Purchase Order

A Purchase Order will be issued to the awarded Respondent. The Purchase Order will include all documents associated with the solicitation including this ITN, the awarded vendor’s Response and the State of Colorado PO Terms and Conditions . By submitting a Response, the Respondent agrees to the unaltered Colorado Purchase Order Terms and Conditions, unless exceptions are requested in accordance with Section 7.09 of this

ITN.

Single Contract: DNR will enter into a single contract. Any partnerships between firms specializing must be managed in a Prime Contractor/Subcontractor approach. All references to “contractor” or “Respondent” throughout this ITN document shall be interpreted to mean the prime responding vendor, except where specifically noted otherwise. Any/all forms signed and submitted by this defined prime contractor shall be interpreted as acknowledgement of terms and conditions and assumed responsibilities on behalf of all partnered entities (if applicable). The selected contractor will be required to assume responsibility for all goods and services offered in its Response and negotiated Statement of Work, and DNR will consider the selected contractor to be the sole point of contact with regard to all contractual matters and responsibilities.

The Prime Contractor shall not enter into any subcontract in connection with its obligations under the contract without the prior, written approval of the State. The Prime Contractor shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by the Prime Contractor in connection with this Contract shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this contract.

2.2 Performance Time

The project will not begin until all DWR contracting agreements have been executed.

The contractor agrees to proceed with due diligence, completing all specified work by the desired end date for each tools development project included below:

https://osc.colorado.gov/spco/central-contracts-unit/purchase-order-terms-conditions https://drive.google.com/drive/folders/1M7yAx3bzajDTJkoRiV_RrTz67qfiOSN8?usp=drive_link https://drive.google.com/drive/folders/1bPJBUcBewbb1V9nLAkKAUG77LsMY178-?usp=drive_link https://osc.colorado.gov/spco/central-contracts-unit/purchase-order-terms-conditions

● Exhibit A - Scope of Work for Mainstem Water Admin Spreadsheet: March 31,

● Exhibit B - Scope of Work for Water Operations and Exchanges Approval Tool:

December 31, 2027

2.3 Measurement and Payment

Measurement and payment for the project will be based on specific tasks and items outlined in the formal contract. Payment shall be made based on the completion of each task, as invoiced and approved by the Project Manager.

2.4 Insurance Requirements

Reference State of Colorado PO Terms and Conditions for applicable insurance requirements.

2.5 Performance Outside the State of Colorado and/or the United States Following the Effective Date, Contractor shall provide written notice to the State, within 20 days following the earlier to occur of Contractor’s decision to perform, or its execution of an agreement with a Subcontractor 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 requirement shall be posted on the Colorado Department of Personnel & Administration’s (DPA) website. Knowing failure by the Contractor to provide notice to the State shall constitute a material breach of the Contract.

3.0 Scopes of Work and Non-Negotiables

3.1 Scopes of Work

See additional attachments listed in section 1.8 titled, “Exhibit A, Scope of Work for Mainstem Water Admin Spreadsheet” & “Exhibit B, Scope of Work for Water Operations and Exchanges Approval Tool” for the outline of what is needed for the development of both tools.

3.2 Expected Budget

The budget available for the development of each tool is as follows:

● Mainstem Water Admin Spreadsheet: $100,000

● Water Operations and Exchanges Approval Tool: $87,000 https://osc.colorado.gov/spco/central-contracts-unit/purchase-order-terms-conditions

3.3 Non-Negotiables

● Both tools must be spreadsheet-based when developed.

● The evaluation factors as noted in section 5

4.0 Vendor Response Instructions

4.1 Submission

All Responses must be received through the submission instructions outlined in this section. Responses must be received before the deadline in section 1.3 Schedule of Activities, “Response Submission Deadline” and include all submittal items outlined in this section 4.0. Important: Late Responses will not be considered unless they are deemed acceptable per Procurement Rule R-24-103-201-10 as determined by the Procurement Official or their delegate.

Vendor Assistance: Any vendors needing support responding to solicitations may contact the Colorado Supplier Diversity Navigator in the Statewide Equity Office's Supplier Diversity program. Services provided include assistance with responding to solicitations, interpretation of solicitation documents, technical assistance referrals, availability of resources, construction assistance, and free business directory listings and verifications through the Colorado Supplier Diversity Directory. The office can be reached during normal business hours by calling 303-866-5765 or emailing DPA_SupplierDiversityHelp@state.co.us.

The Department of Natural Resources requests that Responses be submitted by using the Vendor Self Service (VSS) System or Email. Hardcopy Responses will not be accepted.

4.1.1 Email

Vendors submitting Responses via email shall send them to the Agency Buyer noted in Section 1.1. The Response submission email shall include the Subject line: “Response Submission: ITN PEAA 2026*0007.”

If you submit a Response via email, you will receive a Response within one business day confirming receipt.

4.1.2 VSS

Vendors submitting using VSS shall attach their Response in VSS. Please be aware that the maximum individual attachment size for VSS documents is 20MB.

mailto:DPA_SupplierDiversityHelp@state.co.us

Responses may need to be separated into multiple documents to allow the upload of larger file sizes.

4.2 Submission Form (pages 20-22)

This form must be completed and submitted alongside your supporting documents to be considered a responsive Response.

4.2.1 Resident Bidder Preference (see §24-103-906 C.R.S., et seq.)

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. A resident bidder is authorized to transact business in the State of Colorado, maintains a place of business in Colorado and pays unemployment compensation taxes.

4.2.2 Service Disabled Veteran Owned Small Businesses (“SDVOSBs” see §24-103-905, C.R.S., et seq.)

SDVOSBs, who are incorporated or organized in Colorado or maintain a place of business or have an office in Colorado and who are officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Small Business Administration (https://veterans.certify.sba.gov), may receive a 5% preference on their bid. This preference applies only to the price, and the SDVOSBs must still meet all other qualifications required in the bid. SDVOSBs claiming this preference shall submit documentation of SDVOSB certification Issued through the Center for Veteran Enterprise within the U.S. Small Business Administration in their Response to the solicitation. Bid submissions without this documentation will not be given a preference.

4.3 Qualifications and Experience

Provide the staff that is expected to be on the project team and the qualifications and experience of those individual(s). For the Mainstem Water Admin Spreadsheet, include the project staff’s collective understanding of water administration in the Arkansas River Basin. For the Water Operations and Exchanges Approval Tool, include the project staff’s collective understanding of exchange operations and decree requirements for those exchanges in the Arkansas River Basin.

Provide no more than 3 examples of completed projects for the same or similar tool(s).

If Respondent is providing a response for supporting development of both tools, provide no more than 2 project examples for each tool. Include the name of the client and a https://veterans.certify.sba.gov reference for each project example. Additionally, include a summary of outcomes for each project example.

4.4 Project Solution

Outline the suggested solution and approach for development support of either Exhibit A - Scope of Work for Mainstem Water Admin Spreadsheet, Exhibit B - Scope of Work for Water Operations and Exchanges Approval Tool or both.

4.5 Schedule

Provide a proposed project schedule for the development of the tool(s). If providing a response for the requested development support of both tools, please provide two separate schedules and the expected completion date for delivery of each tool. The anticipated project schedule is included at the end of each scope of work and the desired completion dates for each tool are included in section 2.2.

4.6 Price

Provide pricing (per tool) on the submission form located on pages 20-22 for the development of the Mainstem Water Admin Spreadsheet and/or the Water Operations and Exchanges Approval Tool. If responding to support development of both tools, then provide a separate total price for each tool.

5.0 Initial Response Evaluation

5.1 Response Evaluations

In accordance with R-24-103-208-03, the state shall evaluate Responses against all evaluation factors set forth in the ITN. The evaluation, including the results of any discussions, shall result in the determination of a competitive range of Responses reasonably susceptible of award.

An Evaluation and Negotiations Committee will be established utilizing measures to ensure the integrity of the evaluation process. These measures include the following:

● Selecting committee members who do not have a conflict of interest regarding this solicitation.

● Facilitating the independent review of Responses.

● Requiring the evaluation of the Responses to be based strictly on the content of the Responses.

● Ensuring the fair and impartial treatment of all Respondents.

Responses will be evaluated by the Evaluation and Negotiations Committee using the evaluation criteria listed below (sections 5.2-5.6). The evaluators will consider whether the submittal requirements in section 4.0 of the solicitation have been addressed and they will review the capabilities of the Respondent as it relates to the Scope of Work or any other aspect determined relevant to the evaluation criteria.

The Evaluation and Negotiations Committee may, if it deems necessary, request clarifications, conduct discussions or oral presentations, or request best and final offers.

Per R-24-103-208-03, discussions may be held with responsible Respondents who are determined to be reasonably susceptible to be selected for award to:

● Promote understanding of the state’s requirements and the Respondents’ Responses

● Facilitate a contract that will be most advantageous to the state taking into consideration price and the other evaluation factors set forth in the ITN.

The Evaluation and Negotiations Committee may adjust its scoring based on the results of such activities. However, Responses may be reviewed and determinations made without such activities. Respondents should be aware that the opportunity for further explanation might not exist; therefore, Vendors shall ensure that their Response submission is complete and meets all of the requirements of submission.

While a numerical evaluation method may be used as an aid to evaluation and negotiations, the selection ultimately is a business judgment that will reflect an integrated assessment of the relative merits of Responses and presentations (if applicable), using the factors identified below. The State reserves the right to reject any (or all) Responses that pose, in the judgment of the State, unacceptable risks of unsuccessful or untimely performance, unacceptable State resources requirements, or costs exceeding the budget constraints.

5.2 Submission Form, pages 20-22

Company information will not be evaluated, but is required to consider a responsive submission. Any submittals regarding bidder preferences outlined in section 4.2 will be evaluated and applied as appropriate.

5.3 Qualifications and Experience

Qualifications and experience of project staff will be evaluated based on the breadth and depth and similarity of experience.

5.4 Project Solution

The project solution and approach shall be evaluated based on whether the respondent demonstrates a clear understanding of tool(s) to be developed and completeness of tasks/described deliverables.

5.5 Schedule

The schedule will be evaluated based on the logic of work items and the likelihood of completing the project within the anticipated project schedules for development of each tool included in Exhibits A & B.

5.6 Price

Pricing shall be evaluated based on the overall value presented to the State for the price offered.

6.0 Negotiations & Award

6.1 Negotiations

In accordance with R-24-103-208-03, the State shall commence negotiations with those vendors whose Responses are determined to be in the competitive range. The State may discontinue negotiations with a vendor if the state determines that the Response is no longer reasonably susceptible of award. The purpose of negotiations is to facilitate a contract that will be most advantageous to the State, taking into consideration price and the other evaluation factors set forth in the ITN.

The committee(s) established to evaluate the Responses and negotiate with vendors whose Responses are in the competitive range shall make a recommendation to the Procurement Official or his or her designee. If the Procurement Official or his or her designee approves the recommendation, an award shall be made in accordance with the recommendation.

6.2 Award

In accordance with R-24-103-208-03, the award shall be made to the responsible vendor(s) whose Response is determined in writing to be the most advantageous to the state, taking into consideration the price and the evaluation factors set forth in the invitation to negotiate and the result of negotiations. No other factors or criteria shall be used in the evaluation.

7.0 Administrative Information

7.1 Response Submission Terms & Conditions

A vendor Response to this ITN shall constitute a binding offer. The autographic signature of the vendor shall indicate acknowledgment of this condition. Signature shall be that of a person legally authorized to execute contractual obligations. The Response, including pricing, shall allow for a minimum of 180 calendar days for acceptance by the State, unless otherwise specified in this ITN. Reference Procurement Rule R- 24-103-201-11(d). It is acceptable for a vendor to offer a longer term.

The contents of the Response of the successful vendor, as negotiated, will become contractual obligations if acquisition action ensues. Failure of the successful vendor to accept these obligations in a contract, purchase order, or similar authorized commitment voucher may result in cancellation of the award to that vendor.

It is the sole responsibility of the Respondent to ensure that its complete Response is received by the Agency Buyer noted in Section 1.1, no later than the date and time shown in the Schedule of Activities, Response Submission Deadline.

7.2 Acknowledgement of Amendments and Addenda to ITN

In the event it should be necessary to revise any portion of this ITN, addenda such as Response to written inquiries received by the stated deadline, will be published on the State VSS System at the Internet site, at: Colorado.gov/vss.

Please acknowledge any/all amendments to this ITN on the Submission Form of the ITN with signature by a person authorized to bind the Respondent. It is the Respondent’s sole responsibility to monitor and access the State VSS System for any amendments and to acknowledge and/or comply with all such published amendments as specifically instructed. Failure to acknowledge all amendments as instructed in each/all such amendments may cause rejection of the entire Response as non-responsive.

7.3 Confidentiality of the ITN Process

Following the ITN response submission deadline, individuals/entities may request from the Agency Buyer a list of the names of the responding vendors. All other information related to the ITN evaluation/negotiation/award process will remain confidential until award. Following the notice of intent to award, all vendor responses 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 §24-72-201 et seq., CRS, as amended, Public (Open) Records.

7.4 Parent Company

If a Respondent is owned or controlled by a parent company, the name, main office address must be provided in the Response Submission Form on pages 20-22.

7.5 Response Material Ownership

All material submitted regarding this ITN becomes the property of the State of Colorado.

The State of Colorado has the right to retain the original Response and other ITN Response materials for its files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. The State of Colorado has the right to use any or all information/material presented in reply to the ITN, subject to limitations outlined in the section, “Proprietary/Confidential Information”, below. Respondent expressly agrees that the State may use the materials for all lawful State purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Colorado Open Records Act. Responses may be reviewed by any person after the award has been published on the Colorado VSS System and/or an award letter has been issued, subject to the terms of Section 24-72-201 et. seq., CRS, as amended, Public (Open) Records.

7.6 Request for Confidential/Proprietary Classification

The State neither requests nor encourages the submission of confidential or proprietary information in this ITN. Information submitted during as part of the initial Response as well as part of negotiations will be open for public inspection upon completion of the ITN process and award of contract. Should a Respondent want the State to treat certain information as confidential or proprietary, the Respondent shall submit a written request, as part of its ITN package, to the Agency Buyer noted in Section 1.1, provided that the submission is in strict accordance with the procedures listed below. Adherence to these procedures remains the sole responsibility of the Respondent. The written request for confidentiality or proprietary classification will be reviewed and either approved or denied by the DNR Purchasing Director or their delegate. If denied, the Respondent will have the opportunity to withdraw its entire Response, or to remove the proprietary restrictions.

Neither cost nor pricing information nor a total Response will be considered proprietary.

7.6.1 Important: Procedures for Submission of Confidential or Proprietary Information

A. Written request for confidentiality/proprietary classification shall be submitted, by the Respondent, with the Response documents.

B. One Response without redacted confidential information must be provided as well as a second Response with the confidential information redacted so the Response may be distributed publicly as required by the Colorado Open Records Act.

C. The written request will be enclosed in a separate document marked “Request For Confidentiality/Proprietary Classification.”

D. The written request must state specifically, and identify by page and/or section number, what elements of the Response are to remain confidential. The request must also identify the basis for the claim of confidentiality and/or proprietary classification, other than a recitation of a specific State or Federal statute.

E. The DNR Purchasing Director or their delegate will make a written determination as to the apparent validity of any request for confidentiality and/or proprietary classification. This written determination will be sent to the Respondent.

F. Responses not following this procedure may be declared non-responsive by the DNR Purchasing Director or their delegate and given no further consideration.

Any additional Respondent information, which may be part of the evaluation/negotiation process and for which an Respondent claims confidentiality, is subject to the same requirements and processes identified above.

7.7 ITN Cancellation / Rejection of Vendor Responses

The State may cancel this ITN, or any or all Responses may be rejected in whole or in part, without penalty, at any time before a contract is executed, when it is in 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 ITN or reject Response(s) shall remain confidential for the lesser of six months or until the contract at issue is awarded by the State. Reference Procurement Rule R-24-101-401-05.

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

7.8 Incurring Costs

The State of Colorado is not liable for any cost incurred by Respondents prior to issuance of a legally executed contract or procurement document. No property interest of any nature shall occur until a contract is awarded and signed by all concerned parties. No reimbursement of travel and other preparatory costs will be considered for those Respondents recommended for interview, demonstrations or other subsequent travel prior to award.

7.09 Acceptance of State’s Terms & Conditions

Any proposed exception taken to the State’s Purchase Order Terms and Conditions must be clearly and thoroughly identified and supported and acceptable alternatives must be proposed. In order to achieve this, Respondents shall submit any requested changes to the state’s contract template in redline format with their Response. Please note that the section of the Contract identified as the Colorado Special Provisions are considered non-negotiable. Failure to do so shall be deemed a waiver of any rights to subsequently raise exception and/or request modification, except as outlined or specified in this ITN.

Submission of exceptions does not guarantee their acceptance, and such submittals will be taken into consideration during Response review and scoring by the evaluation team.

7.10 Conflict of Interest

By submission of a Response, the Vendor agrees that, at the time of contracting, the Vendor has no interest, direct or indirect, that would conflict in any manner or degree with the performance of the required services. The Vendor further agrees that, in the performance of the contract, they shall not employ any person having any such known interest.

7.11 Notice of Award Decision

Upon review and approval of the evaluation committee’s recommendation for award, the DNR Purchasing Office will post the award notice on the Colorado VSS System. Such posting, by itself, does not grant any property interest or right of any nature in the ITN work/services or to contract for the performance of such work/services. Contract terms that are consistent with the ITN and that are acceptable to the State must first be discussed, followed by contract completion and signature by all parties and the State Controller. Only upon final signature by the State Controller does the successful Respondent have any interest or rights in the ITN work/services. Therefore, the apparent successful Respondent whose award is posted on the Colorado VSS System shall not rely on that letter to make commitments to third parties, shall not take any actions(s) to prepare for, or start the performance of, the ITN work/services until a contract is fully executed. Further, every effort will be made to have a completed and fully signed agreement on or before the date indicated in the Schedule of Activities unless extended by DNR during the ITN process. If through no fault of the State the parties are unable to agree on contract terms, DNR may elect to cancel the award and make the award to the next most successful/highest ranked Respondent.

Following posting of the Notice of Intent to Award, all interested parties may review the ITN files, including Responses, by submitting an email request to the Agency Buyer listed in section 1.1.

7.12 Protested Solicitations And Awards

An aggrieved party may file a protest concerning a material issue(s), at any phase of solicitation, including but not limited to, specifications, award or a disclosure of information marked confidential in the bid. The protest shall be submitted via email to the DNR Procurement Official as noted below within ten (10) business days after such aggrieved person knows, or should have known, of the facts giving rise thereto.

Reference §24-109-102, C.R.S., as amended, and Procurement Rule R-24-109-102-01, et seq.

DNR Procurement Official:Ion Cotsapas- ion.cotsapas@state.co.us

The written protest shall include, as a minimum, the following:

A. The name and address of the protestor;

B. Appropriate identification of the procurement by bid, ITN, or award number;

C. A statement of the reasons for the protest; and any available exhibits, evidence, or documents substantiating the protest.

7.13 News Releases

Respondents shall not issue any news releases pertaining to this ITN prior to execution of a contract. At any time after execution, only news releases approved by the DWR Program Manager shall be made.

7.14 Certification of Independent Price Determination

A. By submission of pricing during initial Response or via Negotiations, the Respondent certifies and, in the case of a joint Response, each party thereto certifies as to its own organization, that in connection with this procurement:

a. The prices in the Response were 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 Respondent or with any other competitor;

b. Unless otherwise required by law, the prices which have been quoted in this Response have not been knowingly disclosed by the Respondent and mailto:ion.cotsapas@state.co.us will not knowingly be disclosed by the Respondent prior to award either directly or indirectly, to any other Respondent or to any other competitor;

and

c. No attempt has been made by the Respondent to induce any other person or firm to submit, or not to submit, a Response for the purpose of restricting competition.

B. Each person signing the Cover Page of this ITN – certifies that:

a. They are the person within the Respondent’s organization responsible for that organization’s decision as to the prices being offered in the Response and that they have not participated, and will not participate, in any action contrary to A (a.) through (c.) above; OR

b. They are not the person within the Respondent’s organization responsible for the decision as to the prices being offered in the Response but that they have been authorized in writing to act as agent for the persons responsible for such decision, by certifying that such persons have not participated, and will not participate, in any action contrary to A (a.)

through (c.) above, and as their agent does hereby to certify; and they have not participated, and will not participate, in any action contrary to A (a.) through (c.) above.

C. A Response will not be considered for award where A (a.) and (c.) and B above have been deleted or modified. Where A (b.) has been deleted or modified, the Response will not be considered for award unless the Respondent furnishes with the Response a signed statement which sets forth in detail the circumstances of the disclosure and the DNR Purchasing Director, or designee, determines that such disclosure was not made for the purpose of restricting competition.

7.15 Taxes

The State of Colorado, as purchaser, is exempt from all Federal taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all State and Local Government Use Taxes (Ref. §39-26-704.1, C.R.S). Seller/Respondent is hereby notified that when materials are purchased in certain political subdivisions, the Seller/Respondent may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

7.16 Contract Products - Ownership Rights

All products produced in Response to the contract or agreement resulting from this ITN will be the sole property of the State of Colorado. Any exceptions must be outlined in detail. Exceptions may serve as cause for rejection of a Response. Such products shall include original materials, including any reports, studies, data, designs, drawings, maps, meeting minutes, specifications, data spreadsheets, notes, documents, electronically or magnetically recorded material and related intellectual property developed or created by the successful Respondent pursuant to the services sought by this ITN, and subsequently provided and integrated by contract between DNR and the successful Respondent, shall become the sole property of the State. The purchase of licenses for use of a Respondent’s software shall not be interpreted to mean purchase of the actual application or software. Ownership of the specific application and software selected under this ITN shall remain with the selected Respondent. The successful Respondent will not be allowed use of any materials furnished by, or produced for, DNR for any purpose other than towards the completion of the works described herein, without permission from DNR.

7.17 Assignment and Delegation

Except for assignment of antitrust claims, neither party to any resulting contract stemming from this ITN may assign or delegate any portion of such contract without the prior written consent of the other party.

7.18 Choice of Law

The laws of the State of Colorado shall govern in connection with the formation, performance, and the legal enforcement of any resulting contract. Further, Title 24, CRS as amended, Article 101 through 112, and Rules adopted to implement the statutes, govern this procurement.

7.19 Legislative Changes

The State of Colorado reserves the right to amend the contract in response to legislative changes that affect this project.

7.20 Disadvantaged Business Opportunities

The State encourages its agencies to utilize minority-owned and women-owned businesses to the greatest extent possible without sacrificing adequate competition.

Respondents are reminded of the illegality of discrimination. While there is not a specific requirement for Disadvantaged Business Enterprise participation for this solicitation, the State encourages the submission of Responses that include minority-owned and/or women-owned businesses.

7.21 Former Employees

C.R.S. 24-18-201: A former classified employee may not within 6 months of termination of employment, contract or be employed by a contractor of the State. If an employee does return after 6 months, they cannot work in the same or similar role.

7.22 Cooperative Purchasing

In accordance with §24-110-201, C.R.S., and all applicable regulations, the award(s) under this solicitation will be for one or more cooperative purchasing agreements available for use by the contracting State Agency, other State Agencies, State Institutions of Higher Education, political subdivisions (e.g., cities, counties, schools) and eligible non-profit entities (certified pursuant to §24-110-207.5 C.R.S.) under the terms, conditions and rates set forth in the Contract. Each Agency or entity ordering goods or services under the Contract will be responsible for all costs and expenses incurred in connection with its orders.

7.23 ACH/EFT Payments

Respondents are highly encouraged to consider signing up for ACH/EFT payments.

ACH/EFT payments provide the advantage of ensuring quick and secure payments for the goods and services that contractors provide to the State. ACH/EFT payments help avoid the unnecessary, and sometimes inevitable delays in mail, and the possibility of lost warrants which will further delay payment. DNR’s goal is to pay contractors as soon as possible - signing up for the ACH/EFT is an important step in making this happen.

For additional information about signing up for ACH/EFT payments please contact the Agency Buyer listed in Section 1.1.

7.24 Accessibility Requirements

All work performed as a result of the forthcoming solicitation resulting from this RFI must comply with all applicable provisions of §§24-85-101, C.R.S., et seq., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. and 3) all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

For more information, please reference the applicable accessibility requirements contained in the attached State of Colorado PO Terms and Conditions.

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

Submission Form (3 Pages) Colorado Department of Natural Resources

Division of Water Resources Request for Responses

ITN PEAA 2026*0007 - Mainstem Water Admin Spreadsheet & Water Operations and Exchanges Approval Tool

Return This Form With Your Response. Return all Responses via Colorado.gov/vss or Email. See section 4.0 for full submission instructions.

Tool Development Response Confirmation:

Please provide a check mark which tool development solution the Respondent is responding to, if responding to both, indicate both:

● Exhibit A - Scope of Work for Mainstem Water Admin Spreadsheet: _____

● Exhibit B - Scope of Work for Water Operations and Exchanges Approval

Tool: _____

● Both: ______

Pricing:

Please add in the total price for the tool(s) that the respondent is providing a solution for development. If responding to provide a development solution for both tools, please provide a separate total price for each tool.

1. Water Operations and Exchanges Approval Tool (Exhibit B)

a. Total Price: ______________________

2. Mainstem Water Admin Spreadsheet (Exhibit A)

a. Total Price: ______________________

Respondent Information:

Legal Business Name:

Address:

City, State Zip:

Phone:

Email:

Signature:

http://colorado.gov/vss

Name (Printed):

Title:

Date:

I am a Service Disabled Veteran Owned Small Business: Yes___ No ___ If Yes, please ensure you have included documentation of SDVOSB certification Issued through the U.S. Department of Veterans Affairs with your Response

I am a Resident Bidder: Yes___ No ___

I agree to the Scope of Work: Yes___ No____

I agree that my firm can provide the services noted in the Scope of Work without the need for training provided by the State: Yes___ No ___

I agree that the State of Colorado is NOT the only client my firm works with:

Yes___ No ___

I agree that my firm offers services to the public and has other clients: Yes___ No ___

If my firm offers services to the public, I affirm that my firm has a place of business and is registered as a business listing in a directory: Yes___ No ___

I agree that 100% of the work resulting from this award will be completed by my firm within the state of Colorado: Yes___ No ___

I agree that my firm has no direct daily control over State of Colorado employees:

Yes___ No ___

I agree to the Insurance Requirements: Yes___ No ___

I agree my firm is in compliance with applicable Worker’s Compensation laws in its state: Yes___ No ___

I agree that my firm does not participate directly or indirectly in benefit programs of the State of Colorado. Examples: 1) the firm is receiving funds from the state for Workers Compensation covering injury to worker(s), 2) firm is receiving funds for public liability covering injury to others, 3) firm is receiving unemployment compensation:

Yes___ No ___

I agree my firm is registered and in good standing with the Colorado Secretary of State, OR if a sole proprietor, is registered with the IRS to conduct business as an independent contractor, OR I agree that my firm will register with Secretary of State/IRS upon award: Yes___ No ___

I acknowledge and confirm receipt of all attachments, amendments and addenda associated with this solicitation Yes___ No ___

I agree to the State of Colorado PO Terms and Conditions: Yes___ No ___

Return This Form With Your Response

1.2Purpose

1.3Schedule of Activities

1.4Vendor Inquiries

1.5Amendments

1.6Publication and Communication

1.7Public Response Opening

1.8Additional Attachments/Links

2.2Performance Time

2.3Measurement and Payment

2.4Insurance Requirements

2.5Performance Outside the State of Colorado and/or the United States