JUD-RFP-16-NewProject-18PBLima.pdf

STATE OF COLORADO JUDICIAL DEPARTMENT

REQUEST FOR PROPOSAL

SOLICITATION NUMBER: JUD–RFP-16-NewProject-18PBLima DATE: February 12, 2016

(Supplier must show this solicitation number on the return envelope or package.)

The State of Colorado Judicial Department, by and through the State Court Administrator’s Office, referred to herein as “the Judicial Department”, “the Court” or “the Project”, issues this Request for Proposals for the purpose of obtaining furniture for the new Arapahoe Probation Department project including, but not limited to, systems goods and laminate office furniture, ergonomic keyboard trays, monitor arms and seating. The Project is currently under construction in Centennial, Colorado. Plans can be accessed by emailing john.kane@Judicial.state.co.us

This bid is for products that will be ordered for install July 5, 2016. No items may be delivered prior to July 5, 2016.

PROPOSAL SUBMISSION DEADLINE: March 4th, 2016 at 4:00 P.M. (MST)

Request for Proposals must be prepared in accordance with the instructions in this Request for Proposal.

Request for Proposals must be received by the above date and time to be considered for award.

Late Request for Proposals and Request for Proposals received by telephone or electronic means will not be accepted or considered for award.

The Solicitation Information Sheet (Attachment A) and the Pricing Information Sheet (Attachment B) must be signed manually in ink by a person authorized to make an offer on behalf of the Respondent.

REQUEST FOR PROPOSALS MUST BE DELIVERED AS FOLLOWS:

1 ORIGINAL AND 1 ELECTRONIC COPY TO:

John C. Kane Purchasing Manager 1300 Broadway, Suite 1200 Denver, CO 80203

Page 1 o f 33 JUD–RFP-16-NewPro jec t -18PBLima

TABLE OF CONTENTS

REQUEST FOR PROPOSAL

SECTION I. PURPOSE, BACKGROUND AND GOALS

SECTION II. ADMINISTRATIVE INFORMATION

A. RFP Documents and Modifications:

B. Schedule Of Activities:

C. Pre-Proposal Job Walk:

D. Written Inquiries:

E. Acceptance of Request for Proposals for Evaluation:

F. Proposal SUBMITTAL Instructions:

G. Qualifications

H. Scope of project

I. Proposal Format And Content

J. Evaluation Criteria

K. Interviews And Negotiations

SECTION III. GENERAL PROVISIONS/CONDITIONS

SECTION IV. ATTACHMENTS

ATTACHMENT A: Solicitation Information Sheet

ATTACHMENT B: Pricing Information Sheet

ATTACHMENT C: PDF Space Plan

ATTACHMENT D: Systems Furniture specifications:

ATTACHMENT E: Sample Contract

Page 2 o f 33

SECTION I. PURPOSE, BACKGROUND AND GOALS

The purpose of this Request for Proposals (RFP) is to select the furniture vendor partner to design and supply the office and any courtroom furniture for this project which includes cubical/systems and laminate office furniture Probation office project (the “Project”).

Projected install date is scheduled for July 5th, 2016. Use this date for Gantt chart purposes.

The Project is a new building out of an existing shell space.

The goal of this solicitation is to award this furniture project to a single dealer who will provide an inclusive plan to provide high quality products, as well as, design, sales and order support, delivery, installation and warranty services.

All design time will be free to the Judicial. There will be systems furniture stations, laminate offices, and conference rooms. All furniture will be quoted installed. The budget to completely furnish this project is not to exceed $330,000.00.

The proposed layout and details of products offered may or may not be the final items ordered. For example, a racetrack conference table may be offered from a specific manufacturer’s line. The final order may be a boat shaped table from the same offered manufacturer. In addition, the final design of cubicles may change significantly from the design proposed; however, the lines awarded will not differ significantly. The goal of this RFP is to award based on the most desirable concept for the project. Therefore, please limit alternate products/options to no more than one option and explain the change in price +/- from the PRIMARY submission.

Each submission shall be no more than ONE (1) 2”-3” binder. Excessive marketing materials are not desired. Please present your design vision for this project clearly and concisely with the total spend for your offered products not to exceed the budget amount shown above. If the proposed products and services are less than the budget proposed please indicate this clearly. A spreadsheet with product descriptions, net pricing including delivery and install and total quantities of each item must be included.

We value a creative and encompassing design, so please include ergonomic products as standard for each station. For example, keyboard trays and dual monitor arms should be standard. Sit to stand table options are not required, but may be offered as an option.

Page 3 o f 33

SECTION II. ADMINISTRATIVE INFORMATION

A. RFP Documents and Modifications:

The Request for Proposals and accompanying documents are available on the State of Colorado Vendor Self-service web site:

https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService The Judicial Department will post notices which will include, but not be limited to, any modifications to administrative or performance requirements, answers to pertinent inquiries received, clarifications to requirements, and the announcement of the apparent winning Respondent. It is incumbent upon Respondents to carefully and regularly monitor the web site for any such postings. The notification will be made available via the web site in the form of a “modification”, as published under the original solicitation number.

B. Schedule Of Activities:

Activity: Date:

1. RFP Issued: February 12, 2016

2. Pre-proposal Job Walk N/A

3. Written Inquiry Deadline: February 26, 2016 5:00 PM

4. Response to Inquiry Deadline As soon as possible after Inquiry

Deadline

5. Proposal Submission Deadline March 4, 2016 4:00 PM

6. Public Proposal Opening March 4, 2016 4:05 PM

C. Pre-Proposal Job Walk:

There will be no job walk at this time as the space is currently an unfinished shell.

D. Written Inquiries:

Respondents may make written inquiries via e-mail to obtain clarification of RFP requirements. Written inquiries must be received by no later than the date and time indicated in the Schedule of Activities. Written inquiries should be directed to:

John Kane, Purchasing Manager John.Kane@judicial.state.co.us

Solicitation Number: JUD–RFP-16-NewProject-18PBLima

E. Acceptance of Request for Proposals for Evaluation:

Request for Proposals will be accepted for evaluation only if they are received at the correct location on or before the closing date and time. All information requested must be complete and properly signed. The solicitation number should be recorded on all proposal documents

Page 4 o f 33 JUD–RFP-16-NewPro jec t -18PBLima https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService mailto:John.Kane@judicial.state.co.us as well as on any related correspondence and shipping packages. The Solicitation Information Sheet must be manually signed in ink by a person authorized to make an offer on behalf of the Respondent. Faxed Request for Proposals and Request for Proposals received by telephone or electronic means will not be accepted.

F. Proposal SUBMITTAL Instructions:

1. The Respondent should submit one (1) original plus one (1) electronic version of the Proposal.

2. Request for Proposals must be submitted in a sealed package and delivered or sent to the addresses listed on the front page of this solicitation.

3. Mark outside of package with the following information:

Solicitation #: JUD–RFP-16-NewProject-18PBLima Due Date: March 4, 2016, 4:00 PM Submitted by: (Respondent’s Company Name and Address)

4. Respondent’s name must be included on specifications or descriptive papers submitted with proposal.

5. Show solicitation number on sealed envelopes or packages, and on all proposal documents. The Judicial Department assumes no responsibility for unmarked or improperly marked proposal documents. All received proposal documents showing a solicitation number are placed directly under locked security until the date and time of opening.

6. By submission of a proposal, you are guaranteeing that all commodities and services meet the requirements of the proposal.

G. Qualifications

Minimum Qualifications: To be considered for full evaluation and possible award, proposers must first meet the threshold minimum qualification requirements listed in the following criteria: (minimum requirements can be met by combining experience, expertise, and resources of vendor and any proposed subcontractors):

1. Specialization: The furniture dealer shall be a dealer specializing in commercial interior office systems furniture with a minimum of five (5) years experience in this industry and working with government entities/public sector in producing furniture at a level consistent with the scope and requirements of this project. The Project reserves the right to take such steps as it deems necessary to determine the qualifications and ability of any company to perform the terms of the proposed contract.

2. Service Record: Three or more years experience of documented record of successful in-service performance.

3. Financials: Financially sound, include Company’s latest Financial Statement as an attachment to this proposal or send separately. Please Mark “Confidential”.

4. Standings: Company, Agency, and any of its proposed subcontractors must be in good standing with applicable trade associations, certification boards, or other regulatory agencies.

Page 5 o f 33

5. Ethics: The Vendor’s organization or any of its officers: Have not within a five (5) year period preceding this RFP been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction.

6. Insurability: Insurable for liability, worker’s compensation, and professional liability insurance, including property damage.

7. References: Provide at least three (3) references for completed projects of similar size with project names, details and contact information.

8. Physical Presence: The proposer must have a physical dealership or office location, where business is conducted on a day to day basis. Request for Proposals with Post Office Boxes or mail service locations only may be subject to disqualification.

H. Scope of project

1. Furnishings: This RFP is for Probation personnel furniture. Please email john.kane@judicial.state.co.us to request the .dwg or Cad files.

The following outlines the required Project furnishings:

• Laminate offices, rooms.

• Conference and training rooms.

• New systems furniture cubicles will be required consisting of tandem and individual work spaces.

• All rooms should be furnished with appropriate task, side, side or conference chairs.

Please note that the RFP pricing section is broken up as follows:

a. Laminate offices, rooms (Base bid)

b. New systems furniture (Option A)

c. Conference and training room seating (Option B)

d. Conference and training room all other furnishings (Option C)

e. Task chairs (Option D)

f. Side chairs (Option E)

The Judicial Department may choose one or all options from the list above in addition to the base bid. The pricing will be evaluated based on the options selected.

2. Execution and Installation

Installers (or at minimum the on-site supervising installer) employed or subcontracted by the successful bidder to perform on-site installation tasks are to have a minimum of three years experience installing the submitted furniture lines. If required by the manufacturer, installers are to have applicable certifications, and shall be presented to the owner upon request. Personnel working on site are to accommodate general contractor safety protocols, if work is being performed prior to issuance of building Certificate of Occupancy.

Installation Costs - Labor and material costs associated with installation of systems furniture is to be submitted in lump sum.

Freight and Handling:

Page 6 o f 33 mailto:john.kane@judicial.state.co.us

Submit all freight, cartage insurance and handling lump sum costs if not included within base material line items. FOB is defined as the installation site located at 6914 S. Lima Street, Centennial, Colorado.

All existing building finishes (walls, carpeting, ceilings) are to be protected during the installation period to prevent damage. Where damage does occur due to negligence, repairs to architectural and finish surfaces will be at the expense of furniture contractor.

Provide three sets of special tools and equipment necessary for the relocation of panels and other components. Verify that equipment is properly installed, connected, and adjusted.

Furniture assembly areas and egress paths must be kept clear of boxes, parts and debris.

Do not block building exits or exiting corridors. Remove trash daily to avoid trip hazards and fire potential.

Upon completion of installation, all products shall be cleaned and polished, and the area shall be left in a clean and neat condition. Any missing parts, defects in material and installation shall be reported by furniture contractor prior to inspection by owner.

Maintenance Manuals describing proper cleaning and minor repair procedures shall be provided by the furniture contractor.

Following completion of installation, owner representative will inspect all components and installation quality, reporting deficiencies to the furniture contractor. These deficiencies will be repaired or replaced by the furniture contractor within 30 days of report issuance, whereupon a final check will be made by owner for project approval and closeout.

Upon completion of installation, all products shall be cleaned and polished, and the area shall be left in a clean and neat condition. Any missing parts, defects in material and installation shall be reported by furniture contractor prior to inspection by owner.

I. Proposal Format And Content

Responsive Request for Proposals should provide straightforward, concise information that satisfies the requirements of this solicitation.

Tab 1. Executive Summary - The proposer must provide an Executive Summary of its proposal. The Executive Summary should be a “high-level”, general overview of how the vendor proposes to accomplish the requirements of this RFP. The Executive Summary should demonstrate the proposer understands the requirements. The proposer must also address in this section how it meets the minimum qualification requirements in Section 2.0.

Company Background Information - The Project requires the vendor to be a reputable company of strong financial standing, experienced in office design and furnishings. The vendor’s proposal must provide the information requested below. The information to be provided is as follows:

1. Complete name and address.

Page 7 o f 33

2. A short narrative description of the vendor’s organization, including organization charts and indication of company officers where applicable.

3. Number of years providing products and services similar in size and scope to those requested in this RFP.

4. An audited profit and loss statement and balance sheet for the vendor’s last fiscal year.

This information will be kept confidential by the Project. These financial statements may be contained in a separate volume.

5. Identity of furniture dealer's staff assigned to this project, including: design staff resume’, project management, installation and warranty service personnel.

6. Number of employees officed in Colorado

7. Please attach dealerships’ manufacturer authorized line card.

Tab 2. Products cut sheets for all products specifically offered to this project. Please note where each product cut sheet is being installed. Ie: “Laminate for private offices” or “veneer for Chambers”. Also include a sampling of fabric, veneer and laminate choices.

This need not be all inclusive.

Tab 3. Costs Analysis for project as proposed. Discounting is to remain the same regardless of line item changes within a manufacturer’s offering.

Tab 4. Design ideas and proposed Space Plans

Space plan renderings of proposed product offered for all rooms in drawings, except for furnishings for four supervisor office, the Deputy Chief’s office and the Chief’s office are desired. We will attempt to post a picture of the color board carpet and paint so design staff can submit fabric and finish suggestions. The Courts are normally traditional in design preference, but your creativity could be displayed in this section.

Tab 5. Warranty for all offered products

Tab 6. Similar dealership project experience. Each project should be no more than one page in description and should include similar projects.

Tab 7. Implementation and Installation Plan.

Include description of project management, design AND installation time line and services.

A Gantt chart or similar time line showing design dates, delivery dates, punch dates and project completion is required. Please assume the design will take 2 trips to the county Project location, as well as, at least one return trip by the installation company to resolve any punch items.

Page 8 o f 33

Samples of goods may be required to be available for inspection prior to award to determine proposer’s responsiveness to the RFP’s technical requirements. The sample of goods furnished must be identical in all respects to the product or products being offered (with the exception of wood finishes, which are yet to be determined). At the Project's discretion, off site visitation of manufacturer dealer or representative showrooms may be considered.

Upon contract award, and at established schedule milestones, the vendor is to submit Design Development (DD) and Contract Document (CD) iterative drawings that represent design status at each phase. These drawings are to include planametric and isometric (or axonometric) scaled drawings as requested by the Project; for each of the affected rooms or areas. The CD drawing submittal will include any requested changes or alterations to the DD drawings requested by the Project, and will serve as a contractual basis from which subsequent pricing and order placement will occur.

Tab 8. Exceptions to the Sample Contract

Note whether all terms and conditions of the sample contract in Attachment E are accepted or any exceptions taken to the standard terms and conditions.

J. Evaluation Criteria

Request for Proposals will be evaluated to determine the proposal or Request for Proposals that offers the best value to the Project. The evaluation will be based upon the following criteria, not necessarily listed in order of priority. Although some factors are weighted more than others, all are considered necessary, and a proposal must be technically acceptable in each area to be eligible for award.

1. Products cut sheets/manufacturer choices

a. Aesthetics

b. Features (including ergonomics, ADA responsiveness, modularity and flexibility)

2. Design Expertise and offered Schematic Space Plans including pallet suggestions

3. Warranty

4. Experience in similar projects (veneer, laminate and systems mix, not necessarily court projects)

5. Implementation Plan including deadlines for each design and install step

6. Services

a. Design services

b. Sales and customer Service

c. Support after the sale

7. Cost

8. Acceptance of the Sample Contract Terms and Conditions

K. Interviews And Negotiations

Following the initial screening of Request for Proposals, the Project reserves the right to require oral presentations and other discussions (written or oral) on the content of its proposal. If the Project committee determines that interviews or presentations are required, Page 9 o f 33 selected proposers will be notified in writing of the date, place, time and format of the interview or presentation. Proposers will be responsible for all costs related to the interview.

Failure to participate in such interviews or presentations shall result in a proposer’s disqualification from further consideration.

If the Project desires to enter into interviews or negotiations, they will do so with one or more proposers, at their discretion. If the Project enters into negotiations and no agreement is reached, the Project may negotiate with the other proposers or make no award under this RFP. The Project reserves the right to award the Project, if any, without negotiations.

SECTION III. GENERAL PROVISIONS/CONDITIONS

A. APPLICABLE TO THE SOLICITATION. The following provisions shall apply to Sections I and II of this solicitation. In the event that any of the provisions set forth in this Section IIIA conflict with provisions set forth in Sections I and II herein, the provisions of Sections I and II shall prevail.

DISCUSSION WITH RESPONDENTS: Discussions may be conducted with apparent responsive Respondents for the purpose of clarification to assure full understanding of the requirements of the solicitation. All solicitations, in the Judicial Department’s sole judgment, needing clarification, shall be accorded such an opportunity.

RESPONDENT QUALIFICATION: Respondents must, upon request, provide satisfactory evidence of their ability to furnish commodities or services in accordance with the terms and conditions of these specifications. The Judicial Department reserves the right to make the final determination as to the Respondent's ability to provide the commodities or services requested herein.

AMENDMENTS: All amendments to and interpretations of this solicitation shall be in writing from the Judicial Department. Any amendment or interpretation that is not in writing shall not legally bind the Judicial Department.

RESPONDENT RESPONSIBILITY: Each Respondent shall become fully acquainted with conditions relating to the scope and restrictions attending the execution of the work under the conditions of this solicitation. It is expected that this will sometimes require on-site observation. The failure or omission of an Respondent to become acquainted with existing conditions shall not provide relief of any obligation with respect to this solicitation or to the contract.

REJECTION: The Judicial Department reserves the right to reject any submission that contains prices for individual commodities or services that are unreasonable when compared to the same or other submissions if such action is in the best interest of the Judicial Department.

COMPETITION: This solicitation is intended to promote open competition. If the language, specifications, terms and conditions, or any combination thereof restricts or limits the requirements in this solicitation to a single source, it shall be the responsibility of the interested supplier to notify the Judicial Department in writing. Written notification must be received five (5) days prior to the submission opening date. The solicitation may or may not be changed but a review of such notification will be made prior to award.

WAIVER: The Judicial Department reserves the right to waive any Instruction to Respondents, General or Special Provision, General or Special Condition or Specification deviation in accordance with rules established in the Colorado Judicial Department Procurement Manual.

RESPONSE MATERIAL OWNERSHIP: All material submitted regarding this solicitation becomes the property of the Judicial Department and will only be returned to the Respondent at the Judicial Department’s option.

BID/PROPOSAL COSTS: The Judicial Department is not liable for any cost incurred by Respondents prior to issuance of a contract or purchase order.

Page 10 o f 33

ADDITIONAL DATA: The Respondent should submit any additional information or data not requested in this solicitation which the Respondent believes should be considered in the evaluation of a response.

F.O.B. POINT: All prices bid shall be F.O.B. (project) Destination.

SPECIFICATION REQUIREMENT: All submissions must meet or exceed the specifications provided herein.

Evaluation of the extent to which submissions meet specifications will be performed solely and determined solely by the Judicial Department.

NON-COLLUSION: The Respondent affirms, by signing the Solicitation Information Sheet, that the proposed price has been arrived at independently without collusion, consultation, or communication with any other Respondent or with any competitor; the said proposed price was not disclosed by the Respondent and was not knowingly discussed prior to the submission, directly or indirectly, with any other Respondent or with any competitor; and no attempt was made by the Respondent to influence any other person, partnership, or corporation for the purpose of restricting competition.

STANDARD AGREEMENT TERMS: The Judicial Department reserves the right to incorporate its standard purchase order terms and conditions, as well as the terms and conditions recited in Section IIIB herein into any negotiations that result from a bid, proposal or quote submitted in response to this solicitation.

PAYMENT TERMS: Complete payment by Judicial Department will be made ONLY after acceptance of performance (all specifications met and services accepted by the Project Manager).

CONFIDENTIAL / PROPRIETARY INFORMATION: Any requested restrictions ON the use or inspection of material contained within the proposal must be clearly stated in the proposal itself. Written requests for confidentiality must be submitted by the respondent with the proposal. The respondent must state specifically what elements of the proposal are to be considered confidential/proprietary. Confidential/proprietary information must be readily identified, marked with the solicitation number, and separated/packaged from the rest of the proposal. Co-mingling of confidential/proprietary and other information is NOT acceptable. Under no circumstances can an entire proposal, or proposal price information be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential/proprietary.

The Judicial Department will make a written determination as to the apparent validity of any written request for confidentiality. In the event the Judicial Department does not concur with the respondent’s request for confidentiality, the written determination will be sent to the respondent.

After award, the Request for Proposals will be open to public inspection subject to any continued prohibition on the disclosure of confidential data.

OPENING OF REQUEST FOR PROPOSALS: Request for Proposals will be opened on the date and time specified in the Schedule of Activities. Respondents may, but need not, be present at the proposal opening.

Each Respondent’s name will be the only information announced at the proposal opening.

EVALUATION OR REQUEST FOR PROPOSALS AND AWARD

1. An evaluation committee will judge the merit of Request for Proposals received according to the evaluation criteria defined in the RFP. The recommendations of the evaluation committee will be forwarded to the Project Manager for review, documented summarization, and final approval.

2. Failure of the Respondent to provide any information requested in this RFP may result in disqualification of the proposal.

3. The sole objective of the evaluation committee will be to recommend the proposal most responsive to the Judicial Department’s requirements within the budget established for the RFP. The specifications within this RFP represent the minimum performance necessary for an acceptable response.

4. During or after the evaluation of written Request for Proposals, discussions may be conducted with

Respondents who submit Request for Proposals determined to be reasonably susceptible of being selected for award. The evaluation committee may request a meeting if clarification discussions are needed. After the discussions, the Request for Proposals will be ranked based on the same criteria and the top-ranked proposal will be recommended by the evaluation committee to begin contract negotiations.

Page 11 o f 33

5. Specific evaluation criteria are outlined in the section entitled Evaluation Criteria.

6. Contract(s)/Purchase Order(s) may be awarded to the Respondent whose proposal, conforming to this RFP, will be the most advantageous to the Judicial Department, price and other factors considered. Due to the evaluation procedure for the Request for Proposal, lowest dollar price MAY or MAY NOT indicate the successful awardee. Price constitutes only one of several evaluation criteria.

DISCUSSION / SITE VISITS: After the Request for Proposals have been opened, the Judicial Department may in its discretion hold discussions with individual Respondents. The purpose of any such discussions will be to promote understanding of the Judicial Department’s requirements and the Respondent’s proposal, and may result in modifications of commodities or services offered. No information derived from competing Request for Proposals will be disclosed during such discussions. Any resulting changes to the initial proposal must be submitted and confirmed in writing by the Respondent. In addition, the Judicial Department may request a tour of the Respondent’s facility. Such site visits will be at the Respondent’s expense for the entire evaluation committee and the Project Manager.

CANCELLATION OF REQUEST FOR REQUEST FOR PROPOSALS: The RFP may be cancelled in whole or in part either before or after opening of Request for Proposals, at any time prior to execution of the contract, if the Judicial Department determines in writing that such action is in its best interest, for reasons including but not limited to:

1. The supplies or services being procured are no longer required;

2. Funds for the procurement will not be available;

3. The RFP contained ambiguous or inadequate specifications;

4. The RFP did not provide for consideration of all significant factors;

5. Prices exceed available funds and it would not be appropriate to adjust quantities or qualities to come within available funds;

6. All otherwise acceptable Request for Proposals received are at clearly unreasonable prices, or;

7. There is reason to believe that the Request for Proposals may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith.

AWARD PERIOD / LENGTH OF CONTRACT:

This RFP solicits Request for Proposals for a 1-year award period. Upon agreement by both parties, other smaller Judicial projects may utilize this awarded solicitation product pricing, but are not required to do so.

PURCHASE ORDER: The successful Respondent (the “Supplier”) will be required to execute the Judicial Department’s standard purchase order form. The full agreement of the parties will be contained in the terms and conditions of this RFP plus the terms and conditions recited in the purchase order.

ASSIGNMENT AND SUBCONTRACTING:

The Respondent shall not assign or subcontract the work, or any part thereof, without the previous written consent of the Judicial Purchasing Manager, nor shall they assign, by power of attorney or otherwise, any of the money payable under the contract unless written consent of the Judicial Department has been obtained. No right under the contract, nor any claim for any money due or to become due shall be asserted against the Judicial Department shall be asserted against the Judicial Department by reason of any so-called assignment of the contract, or any part thereof, unless such assignment has been authorized by the written consent of the Judicial Department.

B. APPLICABLE TO THE PURCHASE AGREEMENT. The following terms and conditions, where appropriate, shall apply both to the purchase of goods (with or without associated services) and to the purchase of services only, in addition to the terms and conditions contained on the purchase order form.

In the event of conflict between the terms and conditions stated below and those stated on the purchase order form, the terms and conditions stated in this solicitation shall prevail. Where the terms “contract” or “agreement” are used herein, they shall include the term “purchase order.”

VENDOR OFFSET: Pursuant to Colorado Statute, the State of Colorado may withhold payments under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, Page 12 o f 33 accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller.

DEFAULT: In case of default by the Contractor, the Judicial Department reserves the right to purchase any or all items in default in the open market, charging the Contractor with any additional costs. The term “default” is defined as the failure to deliver the required goods, or services, if any, in satisfactory condition and on the agreed schedule.

TAXES: As a division of State Government, the Judicial Department is exempt from the payment of Federal, State and/or local tax assessments, and therefore, no taxes shall be charged to it under this Agreement. If the tax exemption is inapplicable or should change the Judicial Department agrees to pay all applicable taxes. The Respondent is hereby notified that when materials are purchased in certain political subdivisions, they may be required to pay sales tax even though the commodity or service is ultimately provided to the Judicial Department.

Such tax payments will not be reimbursed by the Judicial Department. The Judicial Department’s State tax exempt number is 98-01817.

CONTRACT ADMINISTRATION: Questions or problems arising after the purchase order has been executed shall be directed to the Judicial Department representative identified in the purchase order.

FORCE MAJEURE: The Contractor shall not be liable for any excess costs for its failure to perform the duties of this agreement if such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include acts of God or of the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by default of a subcontractor, and such default is beyond the control of both the Contractor and subcontractor, the Contractor shall not be liable for any excess costs for failure to perform. However, the sub-contractor default does not apply if the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.

INDEMNIFICATION: In addition to the indemnification required of the Contractor by the terms and conditions of the purchase order, the Contractor shall indemnify, save, and hold harmless the Judicial Department, its employees and agents, against any and all claims, damages, liability, and court awards. This includes any costs, expenses, and attorney fees incurred as a result of any act or omission, by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of the contract.

PUBLICITY RELEASES: Contractor agrees not to refer to award of this project in commercial advertising in such a manner as to state or imply that the commodities or services provided are endorsed or preferred by the Judicial Department.

CHOICE OF LAW/VENUE: The laws of the State of Colorado, U.S.A. shall govern in connection with the formation, performance, and the legal enforcement of any contract or purchase order issued under this solicitation and the venue for any suit or claim arising from the performance of this contract or purchase order shall be in the courts of the State of Colorado.

QUALITY OF PRODUCT: Unless otherwise indicated in the solicitation, it is understood and agreed that any item offered or shipped on this solicitation shall be new and in first class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging.

ASSIGNMENT: Any purchase order resulting from this solicitation may not be assigned, sublet, or transferred without the written consent of the Judicial Department.

FAIR EMPLOYMENT: The Contractor must comply with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, without regard or discrimination by reason of race, color, religion, sex, national origin, or physical handicap, as are further described in the terms and conditions of the purchase order resulting from this solicitation.

Page 13 o f 33

PURCHASES FROM OTHER SOURCES: The Judicial Department reserves the right to purchase separately any unusual requirements or large quantities of the items specified in this solicitation.

CHEMICALS AND OTHER HAZARDOUS MATERIALS: Chemicals and other hazardous materials must be properly labeled and Material Safety Data Sheets (MSDS) must be provided when shipping such materials to Judicial Department. Suppliers are required to send updated MSDS when properties of materials are changed and/or physical and health instructions become different.

TERMINATION: Any purchase agreement resulting from this solicitation may be terminated by the Judicial Department in the following circumstances:

For Convenience. The Judicial Department may terminate the agreement, in whole or in part, for convenience of the agency, when the interests of the Judicial Department so require. The Judicial Department representative shall give at least 30 days written notice of such termination, specifying the part of the agreement terminated and when the termination becomes effective. In the event of such termination, the Contractor will incur no further obligations with regard to the terminated work, and shall be compensated for any such work satisfactorily completed up to the effective date of the termination.

For Cause/Default. The Judicial Department may terminate the agreement upon default by Contractor, effective immediately upon receipt of notice, or at any time thereafter in the discretion of the Judicial Department.

“Default” is defined as the failure to fulfill in a timely and satisfactory manner any of the duties or obligations required under the contract. The Judicial Department may in its discretion permit the Contractor a period of time to cure the default.

For Loss of Funds. In the event that funding for any activity established by the agreement is discontinued or decreased by the State of Colorado, the Judicial Department may terminate the contract or reduce its scope without penalty effective immediately upon receipt of notice of such termination or reduction. In the event of such termination or reduction, the Contractor will be compensated for the value of services actually performed, if any, prior to the effective date of the termination or reduction.

ITEM SUBSTITUTION: (This clause does not apply to solicitations for service requirements.) No substitutes will be allowed on purchase orders without permission from the Judicial Department.

PRICE INCREASE: The offered price must be a firm price, not subject to change during the contract period.

INSURANCE REQUIREMENTS:

A. The contractor shall obtain, and maintain at all times during the term of this agreement, insurance in the following kinds and amounts:

1) Workers’ Compensation Insurance as required by state statute, and Employer’s Liability Insurance covering all of contractor’s employees acting within the course and scope of their employment.

2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 12/07 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

a. $1,000,000 each occurrence;

b. $1,000,000 general aggregate;

c. $1,000,000 products and completed operations aggregate; and

d. $50,000 any one fire.

If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or other document satisfactory to the State showing compliance with this provision.

3) Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit.

4) Professional liability insurance with minimum limits of liability of not less than $TBD.

(Applies to professional services only)

Page 14 o f 33

B. The State of Colorado shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent).

Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado.

C. The Insurance shall include provisions preventing cancellation or non-renewal without at least 30 days notice to the Contractor, and thereafter the Contractor must promptly notify the Judicial Department.

D. The contractor shall require all insurance policies in any way related to the contract and secured and maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.

E. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to the State.

F. The contractor shall provide certificates showing insurance coverage required by this contract to the State within 7 business days of the effective date of the contract, but in no event later than the commencement of the services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals thereof. At any time during the term of this contract, the State may request in writing, and the contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this section.

G. Notwithstanding subsection A of this section, if the contractor is a “public entity” within the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended (“Act’), the contractor shall at all times during the term of this contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, the contractor shall show proof of such insurance satisfactory to the State.

PUBLIC CONTRACTS FOR SERVICES. (Not applicable to contracts for goods, or goods with appurtenant services; or to the offer, issuance, or sale of securities, investment advisory services, fund management services, sponsored projects, intergovernmental POs, or information technology services or products and services) Vendor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien to perform work for the Judicial Department under this contract, or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this contract. The Vendor certifies that it does not now knowingly employ or contract with an illegal alien who will perform work under this contract, and that it will participate in either (i) the “E-verify Program” jointly administered by the United States Department of Homeland Security and the Social Security Administration, The Vendor shall comply with the provisions of §8-17.5- 101 et seq., as amended, C.R.S. The Vendor shall not or (ii) the “Department Program” administered by the Colorado Department of Labor and Employment, in order to confirm the employment eligibility of all employees who are newly hired to perform work under this contract. However, the Vendor shall not use either the E-verify Program or the Department Program to undertake pre-employment screening of job applicants. The Vendor shall report any actual knowledge of a subcontractor’s knowing employment or contracting with an illegal alien, and shall terminate the subcontract, as required under §8-17.5-102(2)(b)(III), as amended, C.R.S. The Vendor shall comply with all reasonable requests made in the course of an investigation under §8-17.5-102, as amended, C.R.S. by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this provision or of §8-17.5-101 et seq., as amended, C.R.S., the Judicial Department may terminate the contract for breach and the Vendor shall be liable for actual and consequential damages to the Judicial Department.

BY SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, THE RESPONDENT ACKNOWLEDGES

THAT RESPONDENT HAS READ THE ENTIRE RFP AND AGREES TO ACCEPT ITS PROVISIONS AND

CONDITIONS

Page 15 o f 33

SECTION IV. ATTACHMENTS

ATTACHMENT A: Solicitation Information Sheet

STATE OF COLORADO

JUDICIAL DEPARTMENT

Confirmation of Offer

The following information is submitted in response to Solicitation #: JUD–RFP-16- NewProject-18PBLima. The below named company is voluntarily submitting this offer and acknowledges that it is consistent with the specifications, terms and conditions, and INCLUDES ACKNOWLEDGMENT OF ALL MODIFICATIONS POSTED ON THE COLORADO CORE website.

COMPANY NAME*: _____________________________________________________________

ADDRESS: ____________________________________________________________________

CITY: ___________________________________ STATE: ________ ZIP: _______________

F.E.I.N.** : ___________________________________________________________________

DELIVERY DATE: _______________________________________________________________

PAYMENT TERMS: ______________________________________________________________

SIGNATURE: _________________________________________ DATE: ___________________

Signer Must Be Authorized / Qualified To Bind Respondent

TYPED/PRINTED NAME: ________________________________________________________

TITLE: _______________________________________________________________________

PHONE: (_______)_____________________ FAX: (_______)__________________________

E-MAIL ADDRESS: _____________________________________________________________

OFFER MUST BE VALID FOR 365 DAYS.

* PARENT COMPANY: If an Respondent is owned or controlled by a parent company, the name, main office address, and parent company’s tax identification number must be provided in the solicitation.

The respondent warrants that, to the best of their knowledge, the responses contained herein are true, accurate and complete. If later discovered that any material information given in response to this Request is false, it shall constitute grounds for immediate termination of any subsequent agreements made with the successful offereors.

PLEASE RETURN THIS PAGE WITH SOLICITATION DOCUMENTS

JUD–RFP-16-NewProject - Page 16

ATTACHMENT B: Pricing Information Sheet

Award will be to one dealer.

Respondents are to provide pricing/cost for offered products on a spreadsheet. The spreadsheet must include high level product descriptions, the product code(s) or the manufacturers’ line offered in the case of products assembled using multiple parts (example:

systems goods), net pricing including delivery and install for each individual item and total quantities for each item. Suggested items and quantities shall be listed by room, and may be on a separate spreadsheet. Variances that impact total cost will be taken into consideration and will not adversely impact the proposal scoring, for example, one proposer may show 12 chairs in a room and another may show only 8. We recognize that the final order may be for 10 chairs. This is also true of variations in fabric and finishes. The scoring will be weighted toward design concept, product offering, and value. Pricing will be only one of the factors considered. As stated on page 1, this is to be an inclusive plan. A spreadsheet with product descriptions, net pricing including delivery and install and total quantities of each item must be included. We value a creative and encompassing design, so please include keyboard trays and dual monitor arms as standard for every office. If these items are not included on the pricing spreadsheet, we will assume they are free. In addition, if a small reception shows chairs on a vendor’s design plan submission, but no pricing is noted, we will assume that the design is an acknowledgment of the drawing requiring chairs and those too will be expected to be provided for free as part of the project.

Room designs are requested to be placed in Tab 4. It will be helpful to reference those designs on the respondents spreadsheets.

Pricing should be broken down in the following manner:

1. Laminate offices, rooms (Base bid)

2. New systems furniture (Option A)

3. Conference and training room seating (Option B)

4. Conference and training room all other furnishings (Option C)

5. Task chairs (Option D)

6. Side chairs (Option E)

Please limit alternate products/options (ie. finishes) to no more than one option and explain the change in price +/- from the PRIMARY submission.

All pricing sheets must be signed manually in ink by a person authorized to make an offer on behalf of the bidder.