ITN-SPCO-AR-27-01 2027 or Newer Vehicles.docx

Invitation to Negotiate

ITN-SPCO-AR-27-01

2027 or Newer Vehicles

ITN 2027000001

Invitation to Negotiate Summary Sheet

The information found in this summary sheet is for reference purposes only. Vendors or other interested parties are cautioned to review the solicitation in its entirety, including any later amendments, and contact the listed Point of Contact with any questions.

Point of Contact- Amy Risley amy.risley@state.co.us Important Dates:

Publication Date- July 13, 2026 Pre-Response Conference Date- May 20, 2026 Deadline for Questions- July 20, 2026 Response Submission Deadline- August 3, 2026 Overview and Goals:

A. Establish Price Agreements for 2027 or newer model year vehicles.

REQUIREMENTS:

B. Vehicles being proposed must meet the standard specifications for the vehicle body code(s) that are the subject of the response, as determined by Kelly Black Book or similar source C. Standard Vehicle Base Price must not exceed the Manufacturer’s Suggested Retail Price D. Vehicles must meet current federal emission standards. Vehicles that are “covered” by Department of Energy Credits will not be accepted.

E. The proposed vehicle warranty period must be at least 3 years or 36,000 miles.

F. Dealer- installed alternative fuel conversions are not acceptable unless otherwise noted herein Requested Response Format:

G. See Section 4 Response Submission Instructions:

Responses must be submitted through email via Box.com. See Section 4.

Ensure all requested attachments are included Responses received after the submission deadline shall not be opened and shall be rejected as a late response, unless otherwise permitted by the procurement official in accordance with Procurement Rule R-24-103-201-10.

Vendor Response Signature Page ITN-SPCO-AR-27-01 2027 or Newer Vehicles VENDORS: See the solicitation document below for the response deadline and other response submission information and requirements.

Vendors responding to this solicitation must fill out this page in its entirety, sign and return with vendor’s response. This page must bear a physical or electronic signature, as electronic signature is defined in the "Uniform Electronic Transactions Act", section 24-71.3-102 (8), evincing an intent by the vendor to be bound by its response. Failure to do so may disqualify the vendor response.

The undersigned understands and agrees that misrepresentation made in this response and/or subsequent discussions or information presented to the State may be deemed sufficient cause for the refusal by the State to execute a contract as a result, and that that later discovery of any omission or misrepresentation made in the solicitation response and/or subsequent discussions or information presented to the State may be grounds for the cancellation of an existing contract.

LEGAL COMPANY NAME (OFFEROR)

VENDOR INSERT: Full Legal Company Name

AUTHORIZED SIGNATURE

By: Name of Person Signing for Contractor

TYPED/PRINTED NAME

VENDOR INSERT: Signer’s Full Name

TITLE

VENDOR INSERT: Title of Signer

PHONE NUMBER

VENDOR INSERT: Signer’s Phone Number

EMAIL ADDRESS

VENDOR INSERT: Signer’s Email Address

CONTACT FOR CLARIFICATIONS

VENDOR INSERT: Name of Contact

TITLE

VENDOR INSERT: Title of Contact

PHONE NUMBER

VENDOR INSERT: Phone Number of Contact

EMAIL ADDRESS

VENDOR INSERT: Email Address of Contact

TABLE OF CONTENTS

TABLE OF CONTENTS

Exhibits and Attachments Exhibit 1: Sample Model Contract Exhibit 4 – Instructions for Colorado FY27 Vehicle Bid Template Exhibit 5: Colorado FY27 Vehicle BID Template Attachment 2: Model Contract Affirmation Link to Instructions including Webinar Link:

Instructions Webinar Link

1. GENERAL INFORMATION

General Information On behalf of the State of Colorado, Insert State Agency/IHE is issuing this Invitation to Negotiate for 2027 or Newer Vehicles.

Purpose of this ITN The purpose of the ITN is to establish State Price Agreements for 2027 or newer model year fleet vehicles. Respondents may elect to submit a response on one or more vehicle body codes, and the state may award to a Respondent for one or more vehicle body codes.

Cooperative Purchasing This ITN will result in multiple State Price Agreements. State Price Agreements are cooperative purchasing agreements negotiated, managed, and maintained by the Colorado Department of Administration, State Purchasing and Contracts Office. The following entities (Purchasing Entities) are permitted to purchase and/or lease-purchase from State Price Agreements: Colorado state agencies/departments, Colorado institutions of higher education, Colorado political subdivisions (including school districts), and eligible non-profit organizations.

ITN Overview and Authority This 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 our 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.

Electronic Procurement System (EPS)

i. The State posts solicitations on an electronic procurement system (EPS). Vendors who have an interest may submit a response in accordance with the terms of the ITN.

ii. This solicitation is being published on Colorado Vendor Self Service (Colorado VSS), so that Offerors who have an interest may submit a proposal in accordance with the terms of this solicitation.

iii. Vendors can self-register for this system free of charge, or may click on “Public Access” on the website to view solicitation documents and modifications without registering. Vendors are encouraged but not required to register prior to or at the time they submit their response. The State also recommends that interested vendors check the EPS on a regular basis throughout this solicitation process.

State Point of Contact

iv. The State’s sole point of contact for this solicitation is Amy Risley, State Procurement Administrator, who may be reached via email at Amy.Risley@state.co.us, or via phone at 303-866-5663.

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 Offeror disqualification.

Schedule of Activities

v. This Schedule of Activities is for information and planning purposes only. Schedules for Activities listed as “Estimated” may be subject to change depending on the needs of the State. All times are considered in Mountain Time (MT), as adjusted for daylight savings.

The date of publication for this solicitation is July 13, 2026.

Written inquiries must be submitted to amy.risley@state.co.us no later than July 20, 2026 at 3 pm.

The estimated date for the State’s responses to vendors’ written inquires to be published on Colorado VSS is estimated July 22, 2026.

All responses must be submitted in the method described below no later than August 3, 2026 9 am MT.

A public opening of the responses will be held at meet.google.com/piw-nacd-nxu on August 3, 2026 9:30 am MT.

The estimated date for the State’s determination of the competitive range for this solicitation is September – October 2026.

The estimated date for the publication of an Intent to Award on is September – December 2026.

The desired Contract start date is September 2026 – January 2027.

Vendor Inquiries

vi. Vendors may make written inquiries (via mail or email) concerning this ITN to obtain clarification of requirements. The State may not accept inquiries after the date and time indicated in the Schedule of Activities. Send all inquiries to the State POC identified above. Inquiries must be clearly marked with the ITN number and title. Where appropriate, inquiries should include references to any relevant section/paragraph of the ITN.

The State will publish responses to vendors’ inquiries collectively, in a timely manner, as a modification on the EPS. Vendors are responsible for monitoring Colorado VSS for such publication(s). Vendors shall not rely on any verbal statements that alter any specification or other term or condition of the ITN. Such changes are valid only if provided in writing by the State POC.

Contract Term Unless otherwise negotiated, the estimated contract performance period will be 1 year, with one optional extension period. The State, at its discretion, shall have the option to extend the performance under this Contract beyond the Initial Term for a period, or for successive periods, of 1 year or less at the same rates and under the same terms specified in the Contract (each such period an “Extension Term”).

vii. The Parties may extend the Term of the Contract by written amendment executed by the parties and approved by the State Controller prior to the termination of the contract.

viii. Continuation of the Contract beyond the initial term is not a right of the Contractor. The State may enter into an amendment to extend the term when such extension is clearly in the best interest of the State.

Modifications and/or supplemental information to the ITN

ix. The State will publish any modifications, amendments or supplemental information to the ITN on the EPS. In the event that it becomes necessary to revise any part of this ITN, the State will post a modification notice on the EPS.

It is the vendors’ sole responsibility to check the EPS on a regular basis, prior to the response submission deadline, as this is the primary means for communicating any clarifications or changes to ITN content, timeline and/or requirements.

After the deadline for submission of a response to the ITN and during evaluation, all official communications are through the State POC.

Modifications or Withdrawal of Responses A vendor may modify or withdraw its response by written notice to the State POC prior to the established response submission deadline. Withdrawal of a vendor’s response following the response submission deadline and prior to award may be allowed, in the State’s discretion. Withdrawal of a vendor’s response after award is not allowed. Reference Procurement Rules R-24-103-201-08 and R-24-103-201-09 Mistakes and Minor Informalities in Vendor Responses In certain circumstances, a vendor may correct a mistake(s) in its response and/or the State may waive minor informalities. Reference Procurement Rule R-24-103-201-08.

Vendor Acceptance of ITN Terms / Vendor Response Content

x. 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.

ITN Response Material Ownership All material submitted in response to this ITN becomes the property of the State.

Incurring Costs Vendors are solely responsible for all costs incurred as a result of responding to the ITN, to include participation in presentations or negotiations.

Confidentiality of the ITN Process

xi. Following the ITN response submission deadline, individuals/entities may request from the State POC 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.

ITN Cancellation / Rejection of Vendor Responses

xii. 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.

News Releases and Announcements Vendors shall not issue any news releases, communications or announcements of any kind pertaining to this ITN, vendor responses or award without prior written approval by the State.

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 response. The protest shall be submitted to the State Purchasing and Contracts Office Procurement Official 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. Protests should be submitted in writing via email to John Chapman at John.Chapman@state.co.us.

Vendor Assistance Any vendors needing support responding to solicitations may contact the Colorado Supplier Diversity Navigator at the Statewide Equity Office of Supplier Diversity. Services provided include assistance with responding to solicitations, interpretation of solicitation documents, technical assistance referrals, availability of resources, construction bond assistance through the Construction Statewide Bond Assistance Program, 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.

BACKGROUND, OVERVIEW, AND GOALS

Background For an extended period, State Fleet Management SFM) has overseen vehicle acquisitions for various state agencies.

Overview and Goals of this ITN The purpose of this ITN is to establish State Price Agreements for 2027 or newer model year fleet vehicles. Respondents may elect to submit a response on one or more vehicle body codes, and the state may award to a Respondent for one or more vehicle body codes.

The State intends to acquire approximately XXX total vehicles and approximately XXX patrol vehicles from the extended price agreements and the price agreements awarded from this ITN.

SCOPE OF WORK

The award(s) that result from this ITN will primarily be used by the Department of Personnel and Administration (DPA) SFM to purchase vehicles on behalf of various State agencies. Institutions of higher education, political subdivisions, and registered non-profit organizations are allowed to purchase vehicles from the resulting State Price Agreements.

SFM utilizes the Colorado Automotive Reporting System (C.A.R.S.) to evaluate responses. C.A.R.S. is also used to track vehicle purchases, utilization and disposal. C.A.R.S. is a customized software package that allows SFM to assign vehicle types, body codes and sizes based on sample manufacturer representative models. A list of various vehicle types and body codes for this ITN is attached in Exhibit 5.

Once the Ordering Entity’s order is received and processed, the awarded respondents are required to provide the Ordering Entity with the subsequent manufacturer’s order number. This information must be provided to the Ordering Entity within 3 business days of respondents’ receipt of manufacturer’s order confirmation.

A. Specifications At a minimum, all respondents shall include manufacturer standard new vehicle equipment for 2027 model year or newer fleet vehicles unless otherwise specified. Vehicles that do not meet current federal emission standards but are “covered” with Department of Energy credits will not be accepted. This is non-negotiable. Exceptions taken or not identified by respondents may result in the response not being considered for award. This is non-negotiable. The State will be the sole judge of what constitutes an allowable exception.

Respondents shall indicate on the 2027 or newer Vehicle Specification file for each body code proposed the least expensive trim level package that meets all listed standard specifications for the given body code. Respondents shall provide Original Equipment Manufacturers (OEM) product designation codes, where applicable.

No decals or insignia identifying the dealer are to be affixed to any vehicles purchased utilizing the resulting State Price Agreements.

Options Options listed shall be proposed and provided as factory installed under the terms of the full, factory-backed, bumper-to-bumper warranty.

xiii. Dealer-installed options will not be permitted unless pre-approved by the State or Ordering Entity in writing. If a dealer substitutes an OEM Option with a non-OEM Option, the State or Ordering Entity may return the vehicle for a correctly equipped vehicle any time after the non-OEM option is discovered.

xiv. The State or Ordering Entity may also require the Contractor to reimburse the State or Ordering for all expenses and fees related to the repair of a Non-OEM option that fails within the standard warranty period.

xv. For the purposes of this ITN, the State’s minimum standard warranty period is 3 years or 36,000 miles. This is non-negotiable.

xvi. Dealers found to be substituting an OEM Option with a non-OEM Option can result in cancellation of the State Price Agreement and may be considered grounds for suspension or debarment in accordance with Section 24-109-105, C.R.S.

xvii. All State Fleet Vehicles MUST be up-fitted through an OEM certified up-fitter. SFM may request certified up-fitter. SFM may request OEM Certification at their discretion.

xviii. For compressed natural gas (CNG) and propane vehicles, tank location must be specified on the proposer’s response under option numbers 254 or 255.

xix. All vehicles delivered to any Ordering Entity must be a full turn-key ready vehicle unless prior written notification has been made by the Ordering Entity.

xx. Options not specifically included in this ITN may be provided by the awarded vendor at the State or Ordering Entity’s written request. The pricing offered for any options not specifically included in this ITN will be evaluated against the MSRP.

xxi. Respondents shall specify any additional mandatory factory options required by the ordering of any given option.

Hybrid and Electric Vehicles The State is requesting responses on hybrid vehicles for body codes AH, KH, and K8. The State is also requesting responses for body codes A thru T Option 608.

The State is requesting responses on any Plug-in Hybrid Electric Vehicles (PHEV’s) (AP, DP and KP) for body codes A thru T under Option 763.

The State is requesting responses on any Electric vehicles for body codes AE, KE, K9 and PE for body codes A thru T under Option 887.

Vehicles offered shall include a full factory warranty and be serviceable by any Factory Authorized Dealer.

Tires Tires are typically specified as all season/mud and snow radials. Respondents to provide open side lug All Terrain tires when specified. Closed lug design tires are NOT acceptable for an all-terrain tire option.

Colors Respondents are instructed to provide one (1) manufacturer’s color name list for available interior and exterior colors for each manufacturer’s quoted vehicles. Respondent will notify SFM in writing immediately with a new delivery date for color name list if not with response. Respondents will note the available cost and no cost colors with their correct factory names.

Warranty All 2027 Vehicle Specifications in Exhibit 5 include option 991, “Standard Warranty – Bumper to Bumper,” as part of the Standard Specifications. For the purpose of this ITN, the State’s minimum standard warranty period is 3 years or 36,000 miles and is to cover the ordered vehicle including all options and accessories. This is non-negotiable. Respondents are instructed to specify available extended warranty prices in Exhibit 5 for each body code to which the Respondent is responding.

Recall Notices and Technical Service Bulletins Respondents are instructed to include with their response a separate document that identifies all known currently active recall notices on similar 2026 and older vehicles of the same type vehicle being proposed. This also includes pending technician service bulletins and recall adjustment issues. The State also reserves the right, regardless of cost, to refuse certain vehicle models that have been shown to be defective or potentially defective where safety/quality is or may become a major issue.

Dates and Confirmations Required Awarded Dealer must submit status code report (notifications) via email to Ordering Entity with updates on and including build progress, upfit progress, delivery and ETS’s, delays, etc. Reports must be emailed every month starting after confirmation of purchase order.

OEM Confirmation The Contractor is instructed to notify Ordering Entity no later than 10 business days after the receipt of the Purchase Order if they have not received the OEM confirmation. The Contractor will inform the Ordering Entity immediately by phone and in writing via email when the Contractor is aware or suspects that there is a problem with an order or a production date from the factory. The dealer is instructed to demonstrate to the State all efforts made to secure vehicles.

Delivery Timelines If an awarded Contractor is unable to provide a vehicle, the State reserves the right to cancel any pending order(s) and/or the State Price Agreement and award a State Price Agreement to another respondent most advantageous to the State, or exercise other remedies as permitted. Unless otherwise approved by SFM or other Ordering Entities, all model year 2027 or newer vehicles ordered as a result of this ITN, are requested to be delivered and invoiced no later than September 30, 2026. Specially equipped vehicles may be solicited and awarded separately in other solicitations issued by the state for handicapped busses and oversized vehicles, and are not included under this ITN.

In the event that OEM is unable to deliver ordered vehicle(s) within the model year ordered, SFM or the Ordering Entity reserves the right to choose out of dealer stock unit(s) as close to original specifications as possible. SFM or the Ordering Entity will be invoiced at the awarded state price with OEM to reimburse dealer any difference in cost. This will only apply to vehicles ordered prior to build-out/factory fleet close dates and considered within normal and acceptable ordering and build time frames. Vehicles ordered by SFM or Ordering Entities after the last order date has been announced by the OEM will not be subject to this clause. By responding to this ITN, the Respondent acknowledges that the OEM has partnered to provide factory incentives to Dealers in the overall interest of the State.

Vehicles that are ordered by SFM prior to build-out and considered within normal and acceptable ordering and build timeframes are expected to be delivered through dealers within usual spring delivery timeframe of current model year. SFM and SFM’s customers are caused financial harm and other issues when vehicles are “rolled over” to the next model year. If the OEM or Contractor fails to comply with the terms of an order, whether due to acts beyond their control or otherwise, SFM will count this as a delivery and performance issue that will jeopardize future awards to Contractor.

SFM Budget Conditions Due to State budget conditions, SFM cannot accept any vehicles prior to March 1, 2027 unless authorized in writing by SFM. Contractors are instructed to make deliveries after March 1, 2027. The exceptions to this condition are: Public Safety, Undercover and Patrol vehicles and vehicles that may have Federal Grant funding or Agency Funding. Additionally, other Ordering Entities may elect to accept their vehicles earlier and/or later than SFM. Contractors will work directly with additional Ordering Entities to ensure all dates are met.

Responses are requested for 2027 or newer Model Year Vehicles only. It is anticipated that awards will be in place during the fourth quarter of the 2026 calendar year and will remain in place through September 30, 2027 or the factory fleet order close dates. If a model year change occurs during this time, or if the awarded vendor will allow, 2028 or later model year vehicles may be sold under the terms, conditions and prices of the 2027 or newer model year awards at the sole discretion of SFM. Model year substitutions MUST be approved in writing by SFM or Ordering Entity.

Contractor is instructed to notify SFM within five (5) business days in writing of any midyear model changes including discontinuations, mid-year introductions, etc., as related to specific body code vehicle included on price agreement.

Compliance Standards Vehicles proposed and delivered will be in full compliance with all applicable federal and State laws, rules and standards regarding construction and performance. This includes, but is not limited to the Federal Motor Vehicle Safety Standards (FMVSS), EPA emission level requirements, and state noise standards.

Delivery Requirements Vehicles shall be delivered under the terms and conditions and the resulting State Price Agreements completed because of this solicitation and shall be of the same make, model, and equipment level as provided in Respondent’s response. Substitutions will not be allowed. The SFM Vehicle Body Codes in Exhibit 5 indicate the vehicle types, size and sample representative models designated/used by SFM. The Gross Vehicle Weight Rating (GVWR) for the vehicles included in the response shall meet or exceed the minimum GVWR when specified in the standard specifications.

Vehicles are to be delivered complete with all manufacturer standard new vehicle equipment and must be in compliance with the 2027 or newer Vehicle Specifications for each body code and requested optional items as listed on the SFM or Ordering Entity purchase order. SFM and any Ordering Entity reserve the right to return a vehicle after acceptance that is not complete according to the 2027 or newer Vehicle Specifications for each body code and any purchase order, if later found to be in violation. The Contractor will promptly bring the vehicle up to the award specification or accept return of vehicle and reimburse any monies paid by the State or Ordering Entity.

Deliveries of new vehicles must be pre-approved. Contractors shall notify SFM or the Ordering Entity, in writing, or via email, at least five (5) working days prior to delivery. Contractors must arrive at their designated delivery time/day, and Contractors who don’t arrive within their appointed time slot or arrive with no appointment, may be turned away until a scheduled appointment is available. Contractors shall have the purchase order number available and the number of vehicles to be delivered when calling. New vehicles will be accepted at SFM between the hours of 8:00 AM (MDT) to 11:00 AM (MDT) and 1:00 PM (MDT) to 3:00 PM (MDT), Monday through Friday. Contractors will be notified in writing of non-acceptance of vehicles within thirty (30) days. If Contractor is notified of non-acceptance by SFM or Ordering Entity, Contractor has ten (10) days to repair any defects or accept a return of the vehicles with replacement to be at the discretion of SFM or the Ordering Entity. SFM Deliveries will not be permitted six (6) business days prior to the end of the month, on Mandatory State Furlough Days or on Official State Holidays. There are currently no known Mandatory Furlough Days for the State.

Deliveries must be made following State statute guidelines of no smoking on State property. No food, drink or smoking allowed in the vehicles prior to delivery.

Delivery Terms for State Fleet Management The State’s terms are FOB destination with freight included to destinations in the Metropolitan Denver area (7 county areas to include: Denver, Adams, Arapahoe, Boulder, Douglas, Broomfield and Jefferson). Deliveries outside of the 7-county area are FOB destination with freight added, which has been pre-negotiated in writing between Ordering Entity and Contractor.

For vehicles delivered to other SFM designated agency locations (such as Colorado State Patrol, Department of Corrections and the Department of Transportation) awarded respondents shall notify SFM of the scheduled delivery to the designated agency at least five (5) days prior to the delivery.

Delivery Compliance of State Fleet Management and Ordering Entity The following requirements apply to vehicles at time of delivery to SFM or the Ordering Entity.

Contractors shall bring the following items to the SFM or Ordering Entity office at the time of scheduled delivery (all documents shall be typed):

1. The Contractor’s invoice with a typed Vehicle Identification Number (VIN), the State or Ordering Entity Purchase Order Number, and the Dealer Stock Number.

2. The manufacturer’s window sticker with price and option info (Do not leave the sticker on the vehicle door glass).

3. The manufacturer’s “Certificate of Origin” with a typed assignment as follows (there shall be no corrections):

Contact Name of SFM 1001 East 62nd Ave Denver, CO 80216

4. The Application for Title and the Bill of Sale (if used for odometer disclosure).

5. Two sets of keys or as ordered on the PO plus the key code (usually on a sticker or tag) needed for key duplication.

6. A weight slip and VIN slip and VIN Verification shall be provided whenever a body has been modified *i.e. hi-cube vans, box trucks and buses and stake beds, etc.) or specified by DOT requirements.

Contractors shall leave the following items in the vehicle at the time of scheduled delivery:

1. The owner’s manual visible on the front seat.

2. The Dealer Stock Number on the windshield.

3. A sixty (60) day permit shall be attached in the license plate bracket of the vehicle.

4. Vehicles will be washed, HAVE LICENSE PLATE BRACKETS AND SCREWS INSTALLED ON THE VEHICLE, serviced and in standard “make ready” condition (i.e. prepared for immediate use including no less than one quarter (1/4) tank reading of fuel and full tanks of Diesel Emission Fluid when equipped with DEF tanks). Note: Vehicles must be delivered with no less than ¼ tank of each fuel type, including, CNG, diesel, propane, etc., and full DEF tanks, or vehicles will be refused. For battery electric vehicles 70% charge is required. Any lower charge to battery or tank reading must be approved by Ordering Entity prior to delivery.

5. SFM or the Ordering Entity will make a cursory visual check of the delivered vehicle’s condition and options to expedite the delivery process. Should any problems be found after delivery, SFM or the Ordering Entity has up to four (4) weeks to inspect and reject the vehicle while it is still on their lot. If rejected, the Contractor will retrieve the vehicle within one (1) business day of notification via email for correction/repairs, and then will redeliver the vehicle as soon as the repairs are complete. The dealer will expedite repairs to its maximum capability, so as not to cause financial hardship to the State or Ordering Entity.

Delivery Terms and Compliance for Institutions of Higher Education, Political Subdivisions, and Non-Profits All institutions of Higher Education, Political Subdivisions and Registered Non-Profits must specify on the Purchase Order or commitment document all delivery terms and conditions that apply. Delivery instructions to the customer are to be similar to State delivery instructions.

Contractors are expected to comply with delivery instructions issued by Institutions or Higher Education, Political Subdivisions and Non-Profits. Any changes or clarifications must be negotiated with and agreed to by the applicable Institution or Higher Education, Political Subdivision or Non-Profit.

The State Procurement Administrator managing the State Price Agreement should be notified of any issues related to the delivery of the vehicles.

Quotation of Vehicles for Institutions of Higher Education, Political Subdivisions and Non-Profits At the request of the political subdivision Contractors shall begin all vehicle quotes with the State Awarded Standard Vehicle Base Price. Vehicle quotes that begin with a Contractor’s MSRP or quotes that cannot provide a pricing breakdown that includes the awarded Standard Vehicle Base Price will not be considered valid.

Awarded Contractors are also to include on the requested quotation for the political subdivision, the Original Equipment Manufacturer (OEM) Model number and any OEM codes for all specifications, accessories, and up-fits, when an OEM code is available.

VENDOR RESPONSE

General Information for ITN Response

xxii. Vendors are encouraged to review the ITN and related attachments in its entirety to assure understanding of and compliance with requirements that may be included in these documents.

To facilitate evaluation of responses, a response should be thorough yet brief. A response should address the requirements set forth in the ITN and should provide sufficient details to allow the committee(s) to determine whether the response evidences:

Understanding of the State’s needs, requirements and contracting terms and conditions; and Ability to meet the State’s needs, including the experience and resources necessary to carry out the work towards meeting the State’s needs; and Costs that are reasonable and consistent with the industry.

Response Submission Deadline See Schedule of Activities, above.

Timeliness of Response Submission

xxiii. Responses received after the submission deadline shall not be opened and shall be rejected as a late response, unless otherwise permitted by the procurement official in accordance with Procurement Rule R-24-103-201-10.

The responsibility for ensuring that a vendor's response is received on time rests with the vendor. Reasonably foreseeable problems inherent in the delivery of responses are not extraordinary circumstances permitting acceptance of late responses. Vendors mailing their responses shall allow sufficient mail delivery time to ensure receipt of their responses by the date and time specified.

Response Submission Instructions

xxiv. For this solicitation, vendor responses will be accepted using an online submission application. Hard copy submissions will not be accepted. To use the online submission application, please send an email to ITN_SPC.76sp6q5ii2h19fl6@u.box.com, attaching your response as a zip folder. Please note the following:

The subject line and the body of the email are not uploaded into the online submission application. Only email attachments are uploaded. Should any Offeror wish to ask a question or make a comment regarding the solicitation, Offerors should send a separate email to the Procurement Contact.

Offerors should submit one zip folder that contains all required response submission documents. The zip folder name should include the following title: ITN-SPCO-AR-27-01 2027 or Newer Vehicles and also include Offeror’s name.

The solicitation submission application typically uploads responses within five minutes. Offerors are advised to submit responses no later than one hour prior to the solicitation deadline to ensure the response has been received.

The application sends an email confirmation if the response was uploaded correctly.

Please do not encrypt your email. The e-submission program automatically encrypts attachments and any additional encryption may result in failure to upload the response.

The solicitation submission application is only for response submission. All inquiries, questions, comments, or concerns should be submitted to the Procurement Contact via email and not through the online submission application.

Vendor Information / Parent Company The vendor response must include a valid tax identification number for the vendor. The vendor must be a legal entity with the legal right to contract in the State of Colorado. If a vendor is owned or controlled by a parent company, the response must also identify the name, main office address, and tax identification number of the parent company. The tax identification number provided with the vendor’s signature must be that of the vendor responding to this ITN.

Vendor Response Signature Page The vendor must submit a completed and signed signature page. By its signature, vendor agrees to be bound by its response and the provisions set forth in this ITN and certifies it is in compliance with requirements set forth in the ITN.

Vendor Requests for Confidentiality

xxv. The State of Colorado is subject to the requirements of §24-72-201, CRS, et seq., Public (Open) Records.

A vendor may submit, as a part of its response, a written request for classification of certain portions of the response as a trade secret or other confidential or proprietary information. Material for which the vendor is requesting confidentiality shall be readily identifiable and separable from other portions of the ITN response to facilitate public inspection of the non-confidential portion of the response. Commingling of confidential and non-confidential information is not acceptable. Neither response price information nor any information that will be included in a resulting contract will be considered confidential.

The vendor must include the rationale for any request to classify portions as a trade secret or confidential or proprietary, including references to the authority that allows for such treatment.

In no event shall an entire response be classified as confidential. The procurement official or his or her designee shall determine if the information identified in the vendor’s request is exempt from disclosure in accordance with section 24-72-204, CRS, and shall inform the vendor in writing of his or her determination. If the vendor does not agree with the determination, the vendor may protest the determination in accordance with article 109 of the code. Reference Procurement Rule R-24-101-401-03.

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

Pricing The State may consider response prices as a vendor’s best and final offer, unless otherwise stated in the ITN or further negotiated. The pricing information submitted by the vendor must describe in detail all cost terms that the State may incorporate into any contract awarded under this ITN. The State will consider price in determining the competitive range and the apparent successful vendor.

Certification of Independent Price Determination By its signature on the cover page, the vendor certifies that the prices and other terms in the response have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the response by, any other competing vendors, and in the case of a joint response each party thereto certifies as to its own organization. For purposes of this paragraph, "consultation, communication, agreement with, or knowledge" does not include knowledge of prices or terms gained through availability of established price lists or catalogues made available to the public by the competing vendors. No attempt has been made or will be made by the vendor to induce any other person or firm to submit or not to submit a response for restricting competition. Reference §6-4-101, CRS, et seq., (Colorado Antitrust Act of 1992) as amended.

Multiple or Alternate Responses Unless otherwise stated in this ITN, vendors may provide multiple or alternate responses. In the event a vendor provides multiple or alternate responses, each response must be submitted separately and distinctly to permit independent review based on the individual response. Further, any vendor submitting multiple or alternate responses must expressly identify their preferred or primary response.

Modifications to State Contract

xxvi. The State’s draft contract is included as Exhibit 1 to this ITN. If a vendor has any suggested modifications to the contract, the vendor must include and clearly indicate such modifications in its response, Attachment 2. The decision to reject, accept, or further negotiate requested changes shall be at the State’s discretion. If a vendor normally seeks counsel on contract terms, do so before submitting a response to this ITN.

In the event such vendor requests violate State law, regulation, or policy, or would otherwise not be justifiable as being in the best interest of the State, the State may make a determination that a response is no longer reasonably susceptible of award and vendor’s response may be eliminated from the evaluation or competitive range.

Contract Performance Outside Colorado or the United States Awarded Offeror, per Section 24-102-206, C.R.S., prior to contracting shall disclose in a written statement whether it anticipates performing or subcontracting any services under the contract, where such subcontracted services will be performed under the contract, including any subcontracts, and whether any subcontracted services under the contract or any subcontracts are anticipated to be performed outside the United States or the state. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the vendor shall provide in its written statement a provision setting forth why it is necessary or advantageous to go outside the United States or the state to perform the contract or any subcontracts.

Vendor Capability and Financial Information

xxvii. Vendor(s), if requested, must be prepared to present evidence of experience, ability, staffing, service facilities, and financial standing necessary to meet the requirements set forth or implied in its ITN response and/or as proposed in clarifications/negotiations.

The State reserves the right to request that vendor(s) provide a copy of its most recent certified and audited financial statements as a method of determining vendor financial responsibility.

The State reserves the right to review such information and financial documentation for all vendors, for vendors in the competitive range, or only for an awarded vendor.

Vendor Disclosure Requirements xxviii. Vendors must disclose whether the vendor, any general partner or joint venture of the vendor, or any proposed subcontractor has failed to complete a similar project within the past five (5) years. If so, list the date of commencement of the project and the entity for which the project was to be performed, and explain why the project was not completed.

For contracts or work in the last seven (7) years, vendors must list all existing and potential material lawsuits, legal, administrative or audit proceedings, governmental investigations, criminal actions or law enforcement activities relating to your company any of your affiliates, including any proceedings to which your company, affiliates, or any of respective officers, directors, or employees, is a named party. Include the status and details of any final action or resolution.

Vendors must describe any insurance claims submissions for errors and omissions, fiduciary liability and/or fidelity bond insurance coverage for the past two years.

Debarment and Suspension

xxix. The vendor shall disclose in its response, to the best of its knowledge and belief whether it, its principals, and / or any proposed subcontractors:

Are presently debarred, suspended, proposed for disbarment, or declared ineligible;

Any convictions or civil judgments rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;

Are presently under investigation for, indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the previous bulleted item; and Have within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.

Failure of a vendor to disclose any information in this section may result in the State’s determination that the vendor is not reasonably susceptible of award Ethics and Conflict of Interest

xxx. The vendor must disclose in its response any potential or actual conflict of interest in connection with a response to this ITN. A conflict of interest may include, but is not limited to, access to any non-public information by the vendor regarding the ITN or its subject matter, or by any of the vendor’s employees, contractors, or agents, including any individual who may have had access to non-public information in a prior capacity before entering into a relationship with the vendor.

The vendor acknowledges that even the appearance of a conflict of interest may be harmful to the State’s interests. The vendor shall disclose in its response whether there currently are, or potentially could be, the appearance of a conflict of interest regarding this ITN, its response, its staff, any proposed subcontractors or partners, any related business with the State.

Requirements set forth in this section are continuing requirements through the solicitation process and, for the awarded vendor, the contract term, including any extensions. Reference §24-18-201, CRS, et seq. (Proscribed Acts Related to Contracts and Claims); §24-50-507, CRS (Conflict of Interest); §18-8-301, CRS, et seq. (Bribery and Corrupt Influence); §18-8-401, CRS, et seq. (Abuse of Public Office); §6-4-101, CRS, et seq., (Colorado Antitrust Act of 1992); §24-109-105, CRS (Debarment and Suspension); and Procurement Rule R-24-101-107-01 (Ethics).

EVALUATION AND AWARD

Overview

xxxi. The State will conduct a fair and equitable evaluation of the vendor responses to this ITN. Evaluation and negotiation processes for this ITN shall be conducted in accordance with the State of Colorado Procurement Code and Rules.

It is the vendor’s responsibility to assure all required materials are included with the response. Failure of a vendor to provide required information and/or failure to follow the response format for this ITN may result in reduced scoring and/or exclusion…