JurySummonsPrintandMailRFPCombinedFinalcombined.pdf

Page 1 o f 25

JUD-RFP -16-SCAO-02- JURY SUMMONS PRINTING AND MAILING

STATE OF COLORADO JUDICIAL DEPARTMENT

State Court Administrator’s Office

1300 Broadway, Suite 1200

Denver, CO 80203

REQUEST FOR PROPOSALS

SOLICITATION NUMBER: JUD-RFP-16-SCAO-02- JURY SUMMONS PRINTING AND MAILING

DATE: January 29, 2016

(Supplier must also 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, hereinafter “SCAO” issues this Request for Proposals for the purpose of obtaining a service provider that will print and mail jury summons and failure to appear notice documents on a weekly basis for all sixty-four counties throughout Colorado.

PROPOSAL SUBMISSION DEADLINE: February 26, 2016 TIME: 3:00 PM (Local Time)

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

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

Proposals received by telephone, fax, or electronic means will not be accepted or considered for award.

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

PROPOSALS MUST BE DELIVERED TO:

April Bernard, Division of Court Services

1300 Broadway, Suite 1200

Denver, Colorado 80203

Solicitation # JUD-RFP-16-SCAO-02

Page 2 o f 25

TABLE OF CONTENTS

Title Page #

REQUEST FOR PROPOSALS 1

SECTION I. PURPOSE, BACKGROUND AND GOALS 3

SECTION II. ADMINISTRATIVE INFORMATION 3

A. RFP Documents and Modifications: 3 B. Schedule of Activities: Date: Local Time: 4 C. Pre-Proposal Conference: 4 D. Written Inquiries: 4

E. Acceptance of Proposal for Evaluation: 5

F. Proposal Submittal Instructions: 5

G. Statement Of Work: 5 H. Respondent Response Format / Required Information: 6 I. Evaluation Criteria: 8 J. Confidential / Proprietary Information: 9

K. Opening of Proposals: 9 L. Evaluation and Award of Proposals: 9 M. Discussion/Site Visits: 10

N. Cancellation of Request for Proposals: 10 O. Award Period / Length Of Contract: 11

P. Contract: 11

SECTION III. GENERAL PROVISIONS/CONDITIONS 12

A. SOLICITATION 12

B. STANDARD CONTRACT TERMS 13

SECTION IV. ATTACHMENTS 17

Attachment A Solicitation Information Sheet 17 Attachment B Certificate and Affidavit Regarding Illegal Aliens 18

Attachment C Pricing Information Sheet 19 Attachment D: Statement of Work 20

Exhibit A: Sample Documents 24

Page 3 o f 25

SECTION I. PURPOSE, BACKGROUND AND GOALS

The Colorado Judicial Department is the State entity established under the Colorado Constitution that is charged with the administration of all judicial functions of State government. There are twenty-two judicial districts and sixty-four counties in the State. In each county location, cases are filed and processed that may require citizens to be summoned to provide jury service. Several counties have multiple court locations to which prospective jurors may be summoned. The state

Court Administrator’s Office is the entity responsible for administering the centralized components of the jury system for all state courts.

The Purpose of this Request for Proposal (RFP) is to obtain a service provider that will print and mail customized “Jury Summons” and “Jury Failure to Appear” (FTA) documents on a weekly basis to persons who have been selected for jury duty in all counties within the State of Colorado.

The Judicial Department issues, on an average basis, approximately jury 70,500 summons per month, with approximately 1832 per month being failure to appear summons, by mail. The

Judicial Department has intentionally not included unusual high profile cases that may have occurred during the previous contract and therefore, actual usage in the previous years has been greater than that listed in this RFP.

Once a week, a file will be downloaded from the Judicial Department to the service provider containing such information as: Number of juror documents to be produced, addressee information, court location information, etc. The service provider will receive this information, print the documents, sort and mail them within three days (Excluding Sundays) of receipt of file, fifty-two weeks per year.

The agreement resulting from this RFP will be for a period from July 1, 2016 through June 30 th, 2017 with four (4) possible one (1) year renewals, exercisable at the sole discretion of the Judicial

Department. In no case shall the contract resulting from this RFP be extended beyond June 30 th

2021.

SECTION II. ADMINISTRATIVE INFORMATION

A. RFP Documents and Modifications:

The Request for Proposal and accompanying documents are available on the State of Colorado

Vender Self Service System (VSS) on the date and time specified on the cover sheet and Schedule of Activities section of this RFP.

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 VSS for any such postings.

Modification or Addendum to Request for Proposal: If it becomes necessary to revise any part of this RFP, the notification will be made available via the Colorado VSS System in the form of a

“modification”, as published under the original solicitation number.

Page 4 o f 25

Respondents must be registered with the State of Colorado VSS System to be eligible for award of this solicitation.

B. Schedule of Activities: Date: Local Time:

1. RFP Issued January 29, 2016

2. Written Inquiry Deadline February 12 th

, 2016 5:00 PM

3. Response to Inquiry Deadline As soon as possible after inquiry deadline.

4. Proposal Submission Deadline February 26, 2016 3:00 PM

5. Public Proposal Opening February 26, 2016 3:15 PM

6. Completion of Evaluation As soon as possible after Proposal Closing

7. Oral Interviews/Site Visits (Optional) March 1 st , thru 4 th , 2016

8. Approximate Date for Award Notice As soon as possible after proposal closing

9. Projected Start Date July 1, 2016

C. Pre-Proposal Conference:

No pre-Proposal conference will be held for this solicitation.

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:

April Bernard

April.Bernard@judicial.state.co.us

Division of Court Services

State Court Administrator’s Office

1300 Broadway, Suite 1200 mailto:April.Bernard@judicial.state.co.us

Page 5 o f 25

E. Acceptance of Proposal for Evaluation:

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 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

Proposals and Proposals received by telephone or solely by electronic means will not be accepted.

F. Proposal Submittal Instructions:

1. Proposals must be received no later than the Proposal submission deadline stated in the

Schedule of Activities. If hand delivering, allow sufficient time to pass through a security screening.

2. The Respondent should submit one hard copy and one electronic copy in PDF format of the

Proposal. PDF copies may be delivered via email or a jump drive.

3. Proposals must be submitted in a sealed package and delivered or sent by mail to the following address:

April Bernard

April.Bernard@judicial.state.co.us

Division of Court Services

State Court Administrator’s Office

1300 Broadway, Suite 1200

4. Mark outside of package with the following information:

Solicitation # JUD-RFP-16-SCAO-02 Due: February 26, 2016 3:00PM

Submitted by: (Respondent’s Company Name and Address)

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

Proposal.

6. 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.

7. By submission of a Proposal, you are guaranteeing that all commodities and/or services meet the requirements of the Proposal during the contract period.

G. Statement of Work:

For the purposes of this RFP and any resulting Agreement(s) the respondent shall perform the

Statement of Work as attached in Attachment D.

mailto:April.Bernard@judicial.state.co.us

Page 6 o f 25

H. Respondent Response Format / Required Information:

The Respondent must provide all information required in the RFP in the order requested. Each section should be labeled in accordance with the numbers/letters in this section.

1. Completed Solicitation Information Sheet – (Attachment A)

Provide a general description of your organization including principal local business address and its parent or holding company, if any. Indicate what form of business entity the organization is, (e.g. corporation, partnership, etc.) and the date the organization was founded.

2. Fee Structure (Attachment C):

a. Provide a cost for all elements of the project, including a price for each task in the statement of work and staffing. Provide all information in the format (pricing page designed for this solicitation) specified for this solicitation.

b. If the Respondent intends to use sub-contractors, the response must specify a separate rate schedule for those tasks performed by the sub-contractor(s).

c. Provide a sample invoice to be submitted monthly.

d. The offered price must be a firm price, not subject to change during the initial term of the agreement, which expires June 30, 2017. Thereafter, the price for all services offered from the service provider shall remain firm for any remaining contract extensions while the price for the paper stock may increase or decrease depending on the changes to the cost of paper or other supplies. Requests for price increases must be based on documented increases in the market price of supplies. Any such increases can be provided only if the Department is able to obtain adequate funding and new costs will not take effect until approved by the

Judicial Department, which shall not be unreasonably withheld. Any proposed price increases must be submitted in writing to the Judicial Department at least 90 days prior to the end of the current contract period. Documentation supporting the price increase must accompany the request.

3. Approach to Project: Proposals must detail the Respondent’s understanding and approach to the Project. The proposal must explain how each element of the Statement of Work will be accomplished and identify any work performed by subcontractors. Respondent shall include a copy of the summons and FTA which matches the existing judicial format which they have printed. Respondent may also propose modified formats which it thinks could be used by

Judicial. Any proposed changes to the existing format shall be accompanied by a printed sample of the proposed format.

4. Customer Service History:

a. Three customer references regarding the same or similar commodity and or service shall be provided. Include name of contact, phone number and service provided.

b. Provide information about services, of the nature described in this RFP, which you have provided to various judicial departments in the last three years. If no services have been provided to Judicial departments then describe entities that were receiving similar services.

List the major clients served and the dates of service. The Judicial Department will not

Page 7 o f 25 contact any client until first obtaining authorization from you, except for those clients listed in 4.a. above as references. The Judicial Department is particularly interested in any experience related to the preparation of issuance of jury summons documents.

c. State how many years your organization has been in business providing the types of services described in this RFP. State the percentage of your clients that are government entities.

5. Financial Assurances:

a. The Judicial Department requires assurances that a Respondent will be financially stable.

The Respondent should submit an audited financial statement for its most recently closed fiscal year and for the immediately preceding two fiscal years. If audited financial statements are not available, the Respondent may submit financial statements reviewed by a Certified Public Accountant (CPA). Lacking either audited or reviewed financials; the

Respondent may submit annual balance sheets and income statements prepared by a CPA.

The Judicial Department reserves the right to deduct evaluation points or disqualify a

Respondent for failure to properly submit financial statements.

b. Include the name, telephone and fax numbers, and e-mail address of the person(s) in the organization authorized to negotiate/expedite actions with the Judicial Department. Also, provide day-to-day primary and secondary contacts.

c. State the locations of all of your related offices, and provide your organization’s website address (if available).

6. Executive Summary:

a. Provide a general description of your organization including local (Colorado) business addresses and any parent or holding companies. Indicate what form of business entity the organization is, the date the organization was founded and if a corporation, identify the state in which the business or organization is incorporated.

b. Provide the business address for the location where the services pursuant to this RFP will be routinely conducted.

c. State whether the company, or its officers, are currently under or anticipate being under any indictment or court order or investigation by any government regulatory agency that would affect in any way, the ability to provide the requested services to the Judicial Department.

Include whether or not the company is subject to any extraordinary regulatory oversight.

7. Organization and Resources

a. Describe your organization’s management structure, especially the organizational relationship of the offices that will be providing the services to the Judicial Department as described in this RFP. Indicate the location and availability of data processing staff that will be providing services relative to this proposal.

b. Indicate how many people your organization employs and the number of personnel in the business unit that would provide the requested services.

c. Include the name, telephone, fax numbers and email addresses of the person(s) in the organization authorized to negotiate/expedite actions within the Judicial Department. Also provide day-to-day primary and secondary contacts.

8. Software/Computer Systems/Programming

a. Discuss what software/computer system will be used to provide services under this RFP, including both purchased/leased software as well as systems developed or modified “in-

Page 8 o f 25 house.” Include communications protocols, required data formats, etc. In addition, please indicate the response time of the system and what percent of the time the system(s) are guaranteed to be fully operational.

b. Programming: Describe your organization’s programming capabilities and indicate the extent to which you have programmers on staff that would be available to work related to the services provided under this RFP.

c. Describe your back-up systems and processes related to the loss or incapacitation of computer hardware and software systems and production facilities.

9. Staffing

Certain contractor staff should be designated and trained for work related to this RFP. These employees should handle Judicial Department business on a routine basis, thus gaining knowledge and expertise that will enable them to provide a consistently high level of service.

Please describe how you would meet this requirement.

10. Location of Services

a. Identify clearly where all functions would be performed. It is preferable that the functions and services under this RFP would be performed within the State of Colorado, or at a minimum that there are one or more local representatives who understand the requirements of the contract and the services to be performed and are able to assist the Judicial

Department in resolving issues and troubleshooting problems. If the services or functions are not locally performed, explain how you would overcome any barriers caused by distance and ensure prompt and efficient services to the Judicial Department.

b. If you intend to subcontract a portion of the work, all subcontractors must be identified along with the specific functions to be subcontracted. Provide general background information on any subcontractors to be used.

11. Emergency Requests

How would your company accommodate the emergency requirements in this RFP? What turn-around time and what price variations, if any, would be associated with an emergency call?

12. Design

List design staff, previous experience and qualifications that would be assigned if a redesign of the Jury Summons and FTA documents were undertaken.

I. Evaluation Criteria:

The following factors (not listed in order of priority) will be considered in evaluating each

Proposal. The Judicial Department reserves the right to consider other factors, not named here, in making its decision.

1. Price

2. Adequacy and Completeness of Proposal

3. Financial Stability

4. Experience and References

5. Organization and Resources

6. Ability to Accomplish all tasks in the RFP

7. Communication

Page 9 o f 25

J. Confidential / Proprietary Information:

Any requested restrictions to 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 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 Proposals will be open to public inspection subject to any continued prohibition on the disclosure of confidential data.

K. Opening of Proposals:

Proposals will be opened on the date and time specified in the Schedule of Activities at the State

Court Administrator’s Office. Respondents may, but need not, be present at the Proposal opening.

Each Respondent’s name and number of responders will be the only information announced at the

Proposal opening. If planning on attending, please notify the Court Processes and Resources

Analyst by email or telephone, no less than 48 business hours prior to the scheduled opening. The phone number to contact is (720)625-5506.

April Bernard

April.Bernard@judicial.state.co.us

Court Services Division

State Court Administrator’s Office

1300 Broadway, Suite 1200

L. Evaluation and Award of Proposals:

1. An evaluation committee comprised of Judicial personnel and other individuals as deemed appropriate by the Court Processes and Resources Analyst will judge the merit of Proposals received according to the evaluation criteria defined in the RFP. The recommendations of the evaluation committee will be forwarded to the State Court Administrator’s Office 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 requirements as contained in the RFP. The

Page 10 o f 25 specifications within this RFP represent the minimum performance necessary for an acceptable response.

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

Respondents who submit Proposals determined to be reasonably susceptible to being selected for award. The evaluation committee may request a meeting if clarification discussions are needed. After the discussions, the 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.

5. The Proposal(s) with the highest average score(s) will be recommended for award.

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

7. Contract may be awarded to the Respondent(s) whose Proposal (s), conforming to this

RFP, will be the most advantageous to the Judicial Department, as determined by the evaluation committee.

M. Discussion/Site Visits:

After the Proposals have been opened, the evaluation board may in its discretion hold discussions with individual Respondents. The purpose of any such discussions will be to promote understanding of the evaluation board’s requirements and the Respondent’s Proposal, and may result in modifications of services offered. No information derived from competing 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 evaluation board may request a tour of the Respondent’s facility. Such site visits will be at the Respondent’s expense for the entire evaluation board.

N. Cancellation of Request for Proposals:

The RFP may be cancelled in whole or in part either before or after opening of 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 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 qualities to come within available funds;

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

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

Page 11 o f 25

O. Award Period / Length Of Contract:

This RFP solicits Proposals for a period of time not to exceed five years. Renewals are contingent upon funds being appropriated, budgeted, and otherwise made available, and other contractual requirements, if applicable, being satisfied. The initial contract will cover a one-year period beginning July 1, 2016, and ending June 30, 2017. At the end of the initial contract term, the contract may be renewed for up to four additional one-year periods, upon mutual agreement of the parties.

P. Contract:

The successful Respondent (the “Supplier”) will be required to execute a contract with The

Judicial Department prior to the commencement of any work on the project. The contract will be in substantially the form attached here to as Attachment E. Modifications may be made to the contract form prior to its execution upon agreement of The Judicial Department and the

Respondent. If agreement on contract terms cannot be reached within ten (10) business days after the award has been made, The Judicial Department reserves the right to withdraw the award, and to select a different supplier or to cancel the RFP.

SPECIAL CONTRACT REQUIREMENTS:

1. Maintain practices that ensure the confidentiality / privacy of juror records.

By submitting a Proposal in response to this RFP, the Respondent agrees to conduct transactional and contract negotiations in whole or in part by electronic means, provided that such information is provided, sent or delivered in an electronic record capable of retention by the recipient at the time of receipt.

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 12 o f 25

SECTION III. GENERAL PROVISIONS/CONDITIONS

A. SOLICITATION

1. 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.

2. 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.

3. 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.

4. 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 a Respondent to become acquainted with existing conditions shall not provide relief of any obligation with respect to this solicitation or to the contract.

5. 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.

6. 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.

7. 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.

8. 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.

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

10. 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.

11. STANDARD CONTRACT: The Judicial Department reserves the right to incorporate standard contract provisions into any contract negotiations that result from a bid, quote or Proposal submitted in response to this solicitation.

12. F.O.B. POINT: All prices bid shall be F.O.B. Judicial Department Destination.

13. 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.

Page 13 o f 25

14. 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.

B. STANDARD CONTRACT TERMS

1. VERIFICATION OF LEGAL STATUS At the time of execution of the contract, Contractor shall also execute the Judicial Department’s form entitled “Certification and Affidavit Regarding Illegal Aliens” attached hereto as

Attachment D. Contractor certifies that the Contractor shall comply with the provisions of § 8-17.5-101, et. seq., C.R.S. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien.

The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security

Administration and Department of Homeland Security, or (ii) otherwise will comply with the requirements of § 8-

17.5-102(2)(b)(I), C.R.S. The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or § 8-17.5-101, et.seq.,C.R.S., the Judicial Department may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the Judicial Department.

2. PERA RETIREES: The Contractor shall have a duty to disclose to the Department any person who is a Retiree from the Colorado Public Employees’ Retirement Association, or any affiliate of such Retiree, who is an owner or operator of the Contractor’s business entity.

3. 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).

4. 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, 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.

5. 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 defaulting Contractor shall not be considered a responsible Respondent until the assessed charge has been satisfied.

6. 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.

7. CONTRACT ADMINISTRATION: Questions or problems arising after award of contract shall be directed to the

Judicial Department representative identified in the contract.

8. FORCE MAJEURE: The Contractor shall not be liable for any excess costs if the failure to perform the contract 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

Page 14 o f 25 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.

9. INDEMNIFICATION: To the extent authorized by law, 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.

10. 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.

11. 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.

12. QUALITY OF PRODUCT: (This clause does not apply to solicitations for service requirements.) 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.

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

14. 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.

15. 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.

16. CHEMICALS AND OTHER HAZARDOUS MATERIALS: Chemicals and other hazardous materials will be properly labeled and Material Safety Data Sheets (MSDS) will 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.

17. TERMINATION OF CONTRACT: Any contract or purchase order resulting from this solicitation may be terminated by the Judicial Department in the following circumstances:

a. For Convenience. The Judicial Department may terminate the contract, 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 contract 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.

b. For Cause/Default. The Judicial Department may terminate the contract 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.

Page 15 o f 25

c. For Loss of Funds. In the event that funding for any activity established by the contract 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.

18. 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.

19. INSURANCE REQUIREMENTS:

a. The contractor shall obtain, and maintain at all times during the term of this contract, 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 10/93 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:

i. $1,000,000 each occurrence;

ii. $1,000,000 general aggregate;

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

iv. $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)

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 45 days prior notice to the State by certified mail.

d. The contractor will 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 coverage’s 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

Page 16 o f 25 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.

20. CONFIDENTIALITY. In the event that the Contractor shall obtain access to any records or files of the

Department in connection with this Agreement, or in connection with the performance of its obligations under this

Agreement, the Contractor shall keep such records and information confidential and shall comply with all laws and regulations concerning the confidentiality of such records to the same extent as such laws and regulations apply to the Department. The Contractor shall notify its employees and agents, if any, that they are subject to the confidentiality requirements as set forth above, and shall provide each employee or agent with a written explanation of the confidentiality requirements before the employee or agent is permitted access to confidential data.

21. COPYRIGHT/OWNERSHIP OF MATERIALS. By virtue of the compensation paid by the Department for services rendered by the Contractor, its employees or agents, under this Agreement, Contractor acknowledges that adequate compensation will have been paid for any data, materials, or work products produced or created by the

Contractor as a result of this Agreement. Contractor grants to the Department all right, title, and interest in and to all such data, materials, or work products. Further, all copyrights, patents and royalties, if any, arising from the distribution of such data, material, or work products shall become the property of the Department or its assigns.

To the extent required by the Department, Contractor shall place a notice of Judicial Department copyright on any or all materials produced under this Agreement.

22. BACKGROUND CHECK. The effectiveness of the Agreement is contingent upon satisfactory results of a criminal background check with both the Colorado Bureau of Investigation and the Federal Bureau of

Investigation for all persons who will carry out the performance required by this Agreement. The said background check will be carried out by the Department at Department expense promptly after full execution of this Agreement. The Contractor shall authorize the Department to proceed with the background check by executing the form entitled “authorization and Consent for Release of Information.”

Page 17 o f 25

SECTION IV. ATTACHMENTS

Attachment A Solicitation Information Sheet

STATE OF COLORADO

JUDICIAL DEPARTMENT

1300 Broadway, Suite 1200

Confirmation of Offer

The following information is submitted in response to Solicitation # JUD-RFP-16-SCAO-02-JURY SUMMONS PRINTING AND MAILING. 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 Vendor Self Service System.

COMPANY NAME*: ______________________________________________________________

ADDRESS: ____________________________________________________________________

CITY: ___________________________________ STATE: ________ ZIP: _______________

DELIVERY DATE: _______________________________________________________________

SIGNATURE: _________________________________________ DATE: ___________________

Signer Must Be Authorized / Qualified To Bind Respondent

TYPED/PRINTED NAME: ________________________________________________________

TITLE: _______________________________________________________________________

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

E-MAIL ADDRESS: _____________________________________________________________

OFFER MUST BE VALID FOR 90 DAYS

* PARENT COMPANY: If a 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.

IMPORTANT: Please be certain to include the solicitation number on the outside of the solicitation return envelope or package.

PLEASE RETURN THIS PAGE WITH SOLICITATION DOCUMENTS

Page 18 o f 25

Attachment B Certificate and Affidavit Regarding Illegal Aliens

A CERTIFICATION – required of all vendors

The Vendor, whose name and signature appear below, certifies and agrees as follows:

1. The Vendor shall comply with the provisions of §8-17.5-101 et seq., C.R.S. The Vendor shall not knowingly employ or contract with an illegal alien to perform work for the Judicial Department or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien.

2. The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of §8-17.5-102(2)(b), C.R.S.

3. The Vendor shall comply with all reasonable requests made in the course of an investigation under

§8-17.5-102, C.R.S. by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this provision or §8-17.5-101 et seq., C.R.S., the Judicial Department may terminate work for breach and the Vendor shall be liable for actual and consequential damages to the

Judicial Department.

B. AFFIDAVIT – required of sole proprietors only

In addition, if the Vendor is a sole proprietor, the undersigned hereby swears or affirms under penalty of perjury under the laws of the State of Colorado that (check one):

___ I am a United States citizen, or

___ I am a Permanent Resident of the United States, or

___ I am lawfully present in the United States pursuant to Federal law.

I understand that this sworn statement is required by law because I am a sole proprietor entering into a contract to perform work for the State of Colorado Judicial Department. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to starting work for the Judicial

Department. I further acknowledge that I will comply with the requirements of §24-76.5-101 et seq., C.R.S., and will produce the required form of identification prior to starting work. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under §18-8-503, C.R.S., and it shall constitute a separate criminal offense each time a public benefit is fraudulently received.

CERTIFIED and AGREED to this ______ day of _________________, 200___.

VENDOR:

(Vendor Full Legal Name) FEIN or Social Security Number

BY: _______________________________________ __________________________

Signature of Authorized Representative Title

Page 19 o f 25

Attachment C Pricing Information Sheet

Item Price Per Form *Quantity Discount if

Applicable

Card Stock per summons

Jury Summons form (Printing)

FTA Summons form (Printing)

Emergency Summons

(Printing)

*Postage- 1 st class USPS

*Specify the quantity of summons needed for discounts

Any and all additional costs that the Respondent intends to charge should be itemized and explained below.

If no standard pricing sheet format is provided by the Judicial Department as part of this attachment, the

Respondent may use their own format to provide pricing information. However, this page must still accompany Respondent’s price information.

All pricing sheets must be signed manually in ink by a person authorized to make an offer on behalf of the bidder. The Proposal prices stated herein are firm offers for at least ninety (90) days following the date of signature below.

Company Name: ______________________________________

Authorized Signature: ______________________________________ Date: _______________

Typed/Printed Authorizer Name: ________________________________________________

PLEASE RETURN THIS PAGE WITH SOLICITATION DOCUMENTS

Page 20 o f 25

Attachment D: Statement of Work

A. The need for jurors is determined by each individual court location based upon the number and nature of scheduled trials. The selected provider will perform functions related to the preparation and distribution of juror summons and failure to appear (hereafter “FTA”) documents as detailed below:

1. Pre-print standard text for jury summons and…