Modification Final DQ DOR170000-UPS-Distribution System .pdf

Issue Date: 08/12/16

Quote Due Date/Time: August 24, 2016, at 3:00:PM, MST*

Direct Inquiries To: Tina Fay

Email: tina.fay@state.co.us

Deadline for bidder inquiries: 08/19/16

Quote Submission: Colorado Department of Revenue

Lottery Division

Attn: Tina Fay

**Email: tina.fay@state.co.us

Address 225 N. Main Street, Pueblo, CO 81003

Bidders: Check the Vendor Self Service System (VSS) at: https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService for any updates or modifications. In the event that it becomes necessary to revise any part of this Documented Quote, a modification notice will be posted on VSS. It is very important that bidders check VSS on a regular basis, as this is the sole method for communicating any changes. Modifications published on the VSS system take precedence over information in this Documented Quote.

Because of the limited competition expected from VSS vendors on this solicitation, the procuring agency intends to use both VSS and additional methods of vendor notification and may make the specifications available to non-registered vendors through additional means. However, quotes, bids, or offers submitted by non-registered VSS vendors will not be opened or considered (except as necessary to determine registration status) unless, after examination of quotes, bids, or offers submitted by VSS registered vendors, it is determined that there is not adequate competition among VSS registered vendors. If adequate competition (as defined in Colorado Procurement Rule R-24-103-101-01) exists among registered vendors, quotes, bids, or offers from non-registered vendors will not be considered. A vendor is considered registered if its registration is received in VSS prior to the solicitation opening date and time.

*While a minimum of 3 business days will be allowed for bidders to respond, the Department of Revenue

(“Department” and/or “State”) may then, in its discretion, award upon a determination of adequate competition (minimum of 3 viable responses).

**Email responses are preferred. Documented Quote Number must appear in subject line of email. Note that the Documented Quote Confirmation of Offer Page must be signed and scanned with your bid response.

Purchasing and Contract Services Division

Documented Quote # DQ DOR17004 UPS-

DISTRIBUTION SYSTEM

https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService

There will be no scheduled public bid opening. Late responses and/or responses received following a determination of adequate competition may not be accepted by the Department. After bids have been evaluated a notice of the award will be posted on the VSS system.

A. Overview / Introduction

The State of Colorado, Department of Revenue (“Lottery” and/or “State”) is seeking bids for the purchase of Uninterruptable Power supply (UPS) and Power Distribution System (PDS) along with removal and disposal of the current UPS.

B. Administrative Information

1. Term of Award

Vendor shall provide/deliver UPS-Power Distribution System within 3 weeks upon issuance of a state purchase order, unless otherwise specified in this Documented Quote.

The State is not responsible for any goods delivered or services performed by the vendor without a State issued purchase order or contract. The State reserves the right to add additional goods/services that would be a natural extension of this procurement.

2. Pricing

Unless otherwise specified, pricing/costs must be inclusive of administrative support, supplies, offices supplies, pagers, cell phones, parking fees, meals, lodging, rents, mileage, travel expenses, training, after hours or weekend time, insurance, use of subcontractors, overhead, profit, and costs for all other items consumed, utilized, and/or required by bidder’s staff or subcontractor’s staff.

Total costs proposed will be used in the evaluation of the bidder’s response. All hardware and software deemed necessary by the Vendor shall also be included in the proposed costs. Items or costs not identified in the bidder’s pricing proposal will be the sole responsibility of the bidder.

The vendor will pay for all hard costs the Colorado Lottery incurs, such as fingerprint submissions, credit checks (if applicable), and computer database searches. The current cost of each item will be documented and submitted to the successful bidder/vendor. The vendor will also pay a flat, hourly rate (determined by the Colorado Lottery Director) for the investigator’s time during the background investigation. The hourly rate will be computed based on the hourly pay rate of a beginning Criminal Investigator I position. The price per individual background check will be $150-$200.

3. Evaluation and Award

The State may determine whether or not a response meets the State’s needs and pricing is fair and reasonable. The State may negotiate with bidder(s) to make response(s) acceptable. The State reserves the right to negotiate with any bidder to clarify its quote or to effect modifications that will: make the quote acceptable or make the quote more advantageous to the State. The State shall not disclose competing vendor quote information.

Award will be to the bidder whose response is most advantageous to the State, price/cost being the primary consideration. Other considerations may include, but may not be limited to:

experience/qualifications of vendors, past performance and delivery. The determination of whether the bid is acceptable and meets the minimum requirements of the Documented Quote is solely within the discretion of the Department. No formal evaluation system or methodology is required for any documented quote process.

The Department, in its sole discretion, reserves the right to request an interview/demonstration with any or all bidders prior to making an award.

Background checks will be part of the selection process. The vendor will pay for all hard costs associated with fingerprint submissions, credit checks and computer database searches (if all are applicable). Please see section 2 for pricing details.

The State will issue a purchase order to the awarded vendor after award.

4. Pre-Bid Site Visit (Mandatory)

A mandatory pre-bid site visit will be held at the date/time and location indicated below.

Failure to attend will preclude a bidder from submitting a bid. If you are late to the pre-bid site visit you will not be allowed entrance to the facility and a make-up time will not be permitted.

DATE: 08/17/16

TIME: 10:00 AM

LOCATION: 225 North Main Street, Pueblo, CO 81003

A Mandatory pre-bid site visit will be held to allow prospective bidders the opportunity to view the site, examine equipment and location, and to ask questions to clarify services requested in this solicitation.

Check in at the front desk where you will receive a visitor’s badge. Lottery personnel will escort you at 10:00 am to the datacenter.

Please allow extra time to locate street parking. Prompt attendance is required. Bids will not be accepted from bidders who do not attend the entire walk-through.

Bidders should allow one (1) to two (2) hours for the pre-bid site visit. Any substantial clarification resulting from the visit will be posted on the VSS system within one (1) day to two

(2) days after the pre-bid site visit.

C. Description of Goods / Services

Overview

The Colorado Lottery’s current UPS and Power Distribution Systems that are used to power the Lottery’s data center have reached their end-of-life cycle. The Colorado

Lottery will be replacing these units.

The Colorado Lottery will be downsizing the current UPS from a 50KVA to a 30KVA with an input of 480 Volts and output of 208 Volts. The new UPS will connect to the new remote power unit that the vendor will include in the bid. The vendor must quote pricing for entire job, including but not limited to hardware, installation, turn-up, and cleanup.

A mandatory pre-bid site visit/walk-through will be required on a specified date for the documented quote. Bids will not be accepted from vendors who do not attend the entire mandatory pre-bid site visit/walk-through. You will not be allowed to enter the facility and make-up time. This gives the vendors the opportunity to view the site, examine equipment and location and to ask questions to clarify services requested in this solicitation.

The Colorado Lottery data center is around 2,270 square feet that powers 5-6 server racks and varies workstation/servers throughout the room including three circuits to additional rooms. The datacenter is located at the Colorado Lottery headquarters 225 N. Main

Street in downtown Pueblo Colorado on the 3 rd floor. The room is secured by door access, an alarm and video surveillance. The fire suppression is an Ansul system with

Inergen gas. The room consists of two EPO buttons at each entrance and both tie into the

UPS.

The current UPS is an MGE Comet 50 (Model 72-160500-44 50KVA) with 3-phase 480-volts input and 480-volts output. The UPS power is fed from a GE Spectra Series Power panel (Model 331A1572PI) with a 600-amp 480 volt 3-phase board. The MGE Comet connects to a Liebert Precision Power 2 Power Distribution Unit (PDU) (Model

PPA150C) with 480-volts input and 208-volts output, 416 amps max. There are 3 power panels inside the Liebert and two additional 100-amp panels distributed from two of the 3 panels.

The Colorado Lottery is seeking a vendor to remove the current MGE UPS and Liebert

PDU at 225 North Main Street, Pueblo, CO 81003 on the third floor and dispose of old equipment. The same vendor will install a new replacement UPS System and a Remote

Power Panel (RPP). The listing of any brand names within this document is to describe the standard of quality, performance and characteristics desired and are not to limit or restrict competition. Products of equal quality and specifications will be considered. The

Colorado Lottery is a State of Colorado agency under the Department of Revenue that must preserve the integrity and availability of its data.

The vendor needs to be available to work during normal business hours and on a Sunday morning starting work at minimum 1:00 am. Power cannot be cut until 2:00 am– 2:30 am that morning, depending on nightly processing. The Lottery’s normal maintenance window during these mornings is 2:00 am to 7:00 am.

VENDOR REQUIREMENTS

The Vendor will provide appropriate assistance to the Colorado Lottery’s Investigations

& Security Section as it relates to the conducting of Background Investigations concerning the Vendor’s employees assigned to work on this Purchase Order. This assistance will include completing and/or providing in a timely manner, copies of the following documentation which should be provided in a hard copy format:

1. Identity documents (driver’s license, birth certificate, passport, etc.),

2. I-9 Application and Results can supplement birth certificate/passport.

3. DOR-4038 (Statement of Understanding and Addendum);

4. DOR-4265 (Reference Check Release and Liability Waiver);

5. DOR-4830 (Consent for Release of Tax Account Information – Colorado

Residents only)

6. Lottery Investigations Release form.

7. Military History Release form,

8. Lottery Personal Disclosure form; and

9. Statement of Understanding

Additionally, the Vendor will provide the Colorado Lottery Investigations & Security

Section documentation developed during the course of any background investigation conducted by the Vendor on the Vendor’s employees assigned to this Purchase Order, which should be provided in electronic format, to include but not limited to:

1. Fingerprints and FBI verification of identity documentation; CCIC/NCIC query results;

2. A copy of employee’s application for employment;

3. Results of Accurint/Lexis Nexis or other database inquiries;

4. A copy of the employee’s I-9 Application and any response documentation received from the Department of Homeland Security;

5. A copy of the results obtained from any local law enforcement record checks conducted;

6. A copy of the results obtained from any Courts Record Checks conducted;

7. A copy of the results obtained from any State tax checks conducted;

8. A copy of the results obtained from a review of any Bankruptcy records/disclosures obtained or conducted;

9. Copies of any documentation obtained relative to the Vendor employee’s former employment checks/

10. Copies of documentation developed during any conducted reference checks;

11. Copies of documentation developed during any conducted residence/neighborhood checks/investigation;

12. Copies of any Credit History checks conducted; and

13. The results of any drug screen or polygraph testing contesting conducted by the

Vendor

Specifications / Statement of Work (SOW)

Equipment

1. All Equipment and cabling will be new. No used or refurbished equipment will be accepted

2. The following brand names and model numbers have been specified to establish a minimum expected level of quality and performance and not to unnecessarily restrict competition. The Department will consider all comparable manufacturers.

3. The new replacement UPS system and batteries shall be equal or greater than the technical specifications of the Eaton Powerware 9355 30kva UPS with internal batteries and possible external cabinet to meet a minimum of 15 minutes runtime at full load

a. Internal maintenance bypass

b. N+1 Battery configuration, allowing, multiple strings of batteries.

c. A SNMP/Web adapter allowing RJ-45 LAN connectivity for remote management/monitoring, and an AS/400 relay connectivity is required to connect to our IBM back office system.

d. Submit a copy of concise operation and maintenance manual

e. Manufacturer shall meet ISO 9001 standards and UL labeled

f. Input Voltage; 480 an optional input transformer in matching enclosure can be provided, 3-wire plus ground

g. System output voltage will be nominal 208 4-wire plus ground (A

30kva system: 83 A @ 208V)

h. Automatic ByPass in case of an overload, inverter failed or other

UPS failure.

i. If additional cabinets are required, the cabinets must match in color with the new cabinets that are being installed.

j. Must be capable to wire two remote EPO buttons datacenter

k. Include a power management software package

l. Electrostatic Discharge: The UPS will be able to withstand a minimum 8 kV without damage and without affecting the critical load

m. Front LED panel with operation buttons to view and control unit from the cabinet

n. Resistance measurements of all battery connections

o. Adjustment of Charger Parameters and recalibration to suit new batteries.

4. The new remote power panel to replace the Liebert Precision Power 2 will be equal or greater than the technical specifications for the Eaton RPP 208V input

3phas 208 volt output.

a. Unit must support at minimum QTY: 12 20-Amp 2-pole and QTY:

20 20-Amp 1 pole circuits. Two (2) 50 Amp circuits to supply remote panels labeled as panel 4 and 5.

b. The unit can be wall mounted or cabinet design and include all mounting hardware or floor stands.

c. Must include a RJ45 interface for remote management/monitoring through the network.

d. Include Fusible Disconnects with the systems.

5. Dismantling, removal and disposal of decommissioned UPS system and spent batteries. Removal and decommission of Liebert Precision Power

6. EPA certified recycling of spent batteries

7. Torquing of all interconnections to manufacturer specifications and/code

8. A maintenance bypass switch that goes from the GE Spectra panel to the RPP, by pass the UPS entirely.

9. Alternate power from the GE Spectra system will include electrical extension cables be provided by the vendor to the critical equipment. Qty of 4 6-20L’s and

Qty of 6 5-20 plugs.

Services

1. Vendor’s electrical work/electrician must be reviewed and approved by landlord

2. Vendor will work with IT staff to identify unused circuits and locations of existing circuits. The vendor will use an amp meter to determine circuits that are switched on, identify circuits that can be removed and remove these circuits and coiling cable from the PDU to the sub floor. Vendor needs to determine if the fire suppression power is supplied by the UPS during this pre-work. If the suppression system is powered by UPS alternate power will need to be provided to system.

3. Vendor will downgrade the GE Panel 4 and 5 from 100 amps each to 50 amps each by installing blanks for unused circuits by removing and cutting the existing cable from the raised floor to the panel terminating the ends in the sub floor.

4. Vendor will remove the current UPS and PDU to include disposal and removal of old equipment that is being replaced.

5. Vendor will install the new replacement units to include a maintenance bypass in the GE Spectra System Power Panel that bypasses the UPS and feeds the RPP.

This is separate from the requirement of an internal maintenance bypass for the

UPS.

6. During the night of cut-over the maintenance of down time is 2:00 am to 7:00

am. Vendor will provide alternate power ahead of the scheduled cutover morning. This power will be provided from the GE Spectra Panel using a vendor provided portable transformer to critical systems plugged into secondary power supply of Lottery’s equipment.

7. Vendor to remove alternate power system after all systems are tested and turned

up. The vendor will ensure all connects are restored to normal operations.

8. Vendor to supply training and support to select Lottery staff (to be determined by

Lottery) through project completion.

9. Vendor can perform preinstallation work during normal business hours. Cut over and final installation will be on a Sunday morning after night processing has completed (Average time 2:00 am – 2:30 am). IT staff will manually start generator and transfer switch to run on generator while work is being performed.

10. Some weekends may be blocked out for installation due to prior commitments.

11. Vendor must install all equipment per manufactures recommendations and city of

Pueblo building code.

12. The vendor must provide the services of a qualified factory-trained manufactures representative to assist the vendor in installation and startup of the equipment.

The manufacturer’s representative shall provide technical direction and assistance to the vendor in general assembly of the equipment, connections and adjustments, and testing of the assembly and components contained.

13. The vendor will ensure all equipment installed is tested including all circuits, EPO buttons, and network connectivity after work has been completed and start-up has finished.

14. The vendor will provide three (3) copies of the manufactures field startup report.

15. The vendor will provide a copy of the new electrical schematics to include the new setup and equipment.

Delivery

1. Vendor to deliver the UPS and RPP unit within 3 weeks of receipt of Purchase

Order to:

Colorado Lottery

225 North Main Street

Pueblo Colorado 81003

Warranty//Maintenance/Support

1. The vendor shall provide maintenance and technical support services for the new

UPS/RPP systems (software and hardware) to the Lottery for the first year.

2. Three (3) year replacement manufacturer’s warranty

3. Vendor will submit an annual renewal quote for services minimum 3 months before maintenance expires.

4. Vendor will submit an optional line item for a 3 year maintenance package to include semi-annual and quarterly checkups of the UPS System.

5. 24/7/365 on-call support

6. Remote troubleshooting over the phone and on-site support; no remote logins

7. Detailed documentation of any and all work performed

8. Operational training as required.

D. Additional Terms and Conditions The bidder is voluntarily submitting this offer and acknowledges that it is consistent and in compliance with the State’s included specifications, Purchase Order Terms and Conditions attached to this Documented Quote, except as replaced, modified, or supplemented by the

Department in this Documented Quote.

At a minimum, work delivered/performed must meet industry standards and best practices in all areas including documentation, performance, auditing, and security as related to area of responsibility. All work delivered/performed must meet State and Department standards.

The State may, in its sole discretion, require background checks of any or all of the Vendor’s employees or subcontractors who may have access to the State’s information and/or other confidential items. Background checks may include criminal reviews, as well as financial and credit reviews. These reviews may occur at any time during the term of the purchase order, including any extensions.

STATE INFORMATION SECURITY Vendor shall adhere to the State’s Information Security

Standards and Policies, available at: http://www.colorado.gov/cs/Satellite/OIT-

Cyber/CBON/1249667675596.

EQUIPMENT All equipment provided by the Vendor shall be new and shall comply with established State standards.

ON SITE IDENTIFICATION Vendor will be required to follow the State’s procedures to acquire a temporary visitor, or other building badge. This badge is to be worn while on State property to indicate the wearer is authorized to be in restricted areas of State buildings.

LICENSES/PERMITS Vendor certifies that, at the time of issuance of the purchase order or contract, it and its employees have in effect all necessary licenses, certifications, approvals, insurance, permits, etc, required to properly and legally perform the services covered by the purchase order or contract. Vendor warrants that it will maintain all necessary licenses, certifications, approvals, insurance, permits, etc. required to properly and legally perform this work, without reimbursement by the State or other adjustment in contract price. Additionally, all employees of vendor performing services under the purchase order or contract shall hold the required licenses or certification, if any, to perform their responsibilities. Vendor further certifies that, if it is a foreign corporation or other entity, it currently has obtained and shall maintain any applicable certificate of authority to do business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewable of necessary licenses, certifications, approvals, insurance, permits, etc. required for

Vendor to properly perform the work, shall be grounds for termination of the purchase order or contract by the State for default.

REPRESENTATIONS, WARRANTIES, AND PERFORMANCE STANDARDS The

Vendor shall perform the services described in this Documented Quote in accordance with the highest standard of care, skill and diligence provided by a professional person or company in performance of work similar to the service. The Vendor warrants that (a) services provided under http://www.colorado.gov/cs/Satellite/OIT-Cyber/CBON/1249667675596 http://www.colorado.gov/cs/Satellite/OIT-Cyber/CBON/1249667675596 this award shall meet the descriptions in this Documented Quote, (b) there are no pending or threatened suits, claims, or actions of any type with respect to the services provided and (c) the services shall be free and clear of any liens, encumbrances, or claims arising by or through the

Vendor or any party related to the Vendor.

CONFIDENTIALITY OF STATE RECORDS AND INFORMATION The Vendor shall provide and maintain a secure environment that ensures confidentiality of all State records and information wherever located. No State information of any kind shall be distributed or sold to any third party or used by the Vendor or its agents in any way, except as authorized by the purchase order or contract and as approved by the State. State information shall not be retained in any files or otherwise by the Vendor or its agents, except as set forth in the purchase order or contract and approved by the State. Disclosure of State records or information may be cause for legal action against the Vendor or its agents. Defense of any such action shall be the sole responsibility of the Vendor.

The Vendor acknowledges that it may come into contact with confidential information in connection with the resulting purchase order or contract or in connection with the performance of its obligations under this award, including but not limited to personal or State, information of individuals or incidents of a sensitive nature. It shall be the responsibility of the Vendor to keep all State records and information confidential at all times and to comply with all Colorado State and Federal laws, rules and regulations concerning the confidentiality of information. Any request or demand for information in the possession of the Vendor made by a third party who is not an authorized party to the purchase order or contract shall be immediately forwarded to the

State.

The Vendor shall notify all of its agents, employees, subcontractors and assigns who will come into contact with State information that they are subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of the requirements before they are permitted to access information or data.

CONFLICT OF INTEREST/GIFTS GRATUITIES During the term of this award, the Vendor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the Vendor’s obligations under this award.

Additionally, the Vendor acknowledges that in governmental contracting, even the appearance of a conflict of interest is harmful to the interests of the State. Therefore, the Vendor shall refrain from any practices, activities or relationships that could reasonably be considered to be in conflict with the full performance of Vendor’s obligations to the State in accordance with the terms and conditions of this award, without the prior written approval of the State.

In the event that the Vendor is uncertain whether the appearance of a conflict of interest may reasonably exist, the Vendor shall submit to the State a full disclosure statement setting forth the relevant details for the State’s consideration and direction. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict shall be grounds for termination of the award.

The Vendor shall not, by itself or through any officer, director, employee, agent, partner, subcontractor or other representative, offer, give, grant, or otherwise deliver any gift, gratuity, or anything of monetary or non-monetary value to any employee of the State or to any member of his/her immediate family or anyone living in his/her household. Failure by the Vendor to ensure compliance with this provision may result, in the State’s sole discretion, in immediate termination of the purchase order or contract.

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PRESS CONTACTS/NEWS RELEASES The Vendor shall not initiate any press and/or media contact nor respond to press/media requests regarding this award and/or any related matters concerning the State without the prior written approval of the State.

KEY PERSONNEL The Vendor shall notify the State in writing of any key personnel changes as soon as the Vendor is aware of the changes. The State shall have the final approval of any personnel the vendor intends to perform services pursuant to the award. Such approval shall not be unreasonably withheld or delayed.

The State reserves the right to require the removal of any vendor staff providing services pursuant to award of this Documented Quote. The State shall have the final approval of any personnel the vendor intends to perform services pursuant to the purchase order or contract. Such approval shall not be unreasonably withheld or delayed.

INSURANCE

A. The Vendor shall obtain, and maintain at all times during the term of the purchase order or contract, including any extensions, insurance in the following kinds and amounts:

1) Workers’ Compensation Insurance as required by Colorado statute, and Employer’s Liability

Insurance, covering all of the Vendor’s employees acting within the course and scope of their employment.

2) Commercial General Liability Insurance written on an ISO occurrence from 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:

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 Vendor shall immediately obtain additional insurance to restore he 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 of $1,000,000 each accident combined single limit.

B. The State of Colorado shall be named as additional insured on the Commercial General

Liability and Automobile Liability Insurance policies. Coverage required under the purchase order or contract will be primary over any insurance or self-insurance program carried by the

State.

C. The insurance shall include provisions preventing cancellation or non-renewal without at least 45-days prior written notice to the State by certified mail.

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

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

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

G. Notwithstanding subsection A of this section, if the Vendor is a “public entity” within the meaning of the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as amended (“Act”), the Vendor shall at all times during the term of the purchase order or 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 Vendor shall show proof of such insurance satisfactory to the State.

BREACH OF DATA SECURITY If Vendor becomes aware of a breach of data security, it shall notify the State immediately in accordance with the Notices and Representatives, Section 16, and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, if any. Vendor shall be responsible for the cost of notifying each Colorado resident and residents of other states whose personal information may have been compromised. Notice shall be made as soon as possible within the legitimate needs of law enforcement and according to the requirements of the State. Vendor shall be responsible for performing an analysis to determine the cause of the breach, and for producing a remediation plan to reduce the risk of incurring a similar type of breach in the future. Vendor shall present such analysis and remediation plan to the State within ten (10) days of notifying the State of the breach of data security. The State reserves the right to adjust this plan, in its sole discretion. In the event that

Vendor cannot produce the required analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan that the Vendor shall comply with, at the Vendor's sole cost.

INTELLECTUAL PROPERTY INDEMNIFICATION The Vendor shall indemnify, hold harmless and defend, at Vendor’s sole expense, the State and its employees and agents, against any and all loss, cost, expense or liability, including but not limited to attorney fees, court costs and other legal expenses and damages, arising out of a claim that any goods or services, software or Work Product as defined in Section 4 (“Product”) provided by the Vendor under the purchase order or contract, or the use thereof, infringes a patent, copyright, trademark, trade secret or any other intellectual property right.

i. The Vendor’s obligation hereunder shall not extend to the combination of the Product with any other product, system or method, unless the Product or system is (a) provided by the

Vendor or Vendor’s subsidiaries or affiliates, (b) specified by the Vendor to work with the

Product, or (c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function or (d) reasonably expected to be used in combination with such other product, system or method.

Intellectual Property Escrow

i. The Vendor agrees to deposit the software, documentation, and/or other related material(s) with a third-party software escrow agent for the term of the purchase order or contract, including any extensions. Software is the source code accompanied by a running object code version submitted on a virus-free magnetic or optical media, compiled and ready to be read by a computer. Documentation is all materials sufficient for a trained computer programmer of general proficiency to maintain and support the software without further assistance from the

Vendor. The Vendor shall also have a continuing obligation to deposit any maintenance modifications, updates, upgrades, new releases, or documentation related to the deposited materials for the term of the purchase order or contract, including any extensions.

ii. Within 30 days of the Effective Date of the purchase order or contract, the Vendor shall enter into an agreement with the escrow agent which will instruct the escrow agent to cause delivery of the software, documentation, and all other related materials in its possession to the State if any one of the following events occurs:

Vendor agrees in writing to the delivery;

Vendor ceases to do business and no successor shall have agreed to assume the Vendor’s obligations to the State;

Vendor has failed to support the software or has otherwise defaulted under the purchase order or contract; or, Vendor files for liquidation under the U.S. Bankruptcy Code, or files for reorganization under the U.S. Bankruptcy Code and does not remain debtor in possession.

iii. Such agreement shall be subject to the review and approval of the State.

iv. The Vendor shall grant the appropriate licensee rights to the escrow agent to allow the agent to exercise its rights under the purchase order or contract.

v. The Vendor agrees that if the escrow agent delivers the software to the State, the State shall have the same license and rights to use the software, documentation, and other related materials as the State had under the original purchase order or contract, including the right to utilize the source code and create updates and derivative works consistent with the purposes of the purchase order or contract.

vi. All costs and fees associated with the escrow agreement and this clause shall be the responsibility of the Vendor.

NON-EXCLUSIVE RIGHTS It is understood and agreed by the Vendor that the State does not grant the Vendor exclusive rights to provide the products and/or services under this award. The

State reserves the right to contract with and purchase products and services from persons and entities other than the Vendor, as may be in the best interest of the State. This award shall remain in full force and effect should the State enter into other contracts for the same or similar goods and services as provided under this award.

END OF WORK TRANSITION Upon termination or expiration of the purchase order or contract, and at no additional cost to the State, the Vendor shall assist and cooperate with the

State to ensure an orderly and timely transfer of files, computer software, documentation, system turnover plan, knowledge transfer, intellectual property and other materials.

The documentation that will accompany system turnover shall include user manuals with complete documentation, function technical descriptions of each program and data flow diagrams.

The Vendor shall assist the State in drafting a transition plan describing the steps required to transition the data from the Vendor to a successor vendor.

The Vendor shall provide to the State all portfolio and data definition tables to enable a successor vendor to transition the data to its system.

Upon purchase order or contract termination or expiration, the State, in its sole discretion, will have the option to purchase from the Vendor all hardware provided under this purchase order or contract. In no event shall the negotiated price exceed the then fair market value of the hardware.

In the event the State does not exercise the option to purchase all hardware, the Vendor shall be responsible to dispose of the hardware. The Vendor shall ensure that all hardware, which may have stored State data at any time, shall be physically destroyed by the Vendor through a shredding process that leaves the device in a condition which prevents its reassembly in any usable form. The Vendor shall provide certification of destruction to the State immediately following the destruction in accordance with State policy.

DOCUMENTED QUOTE BIDDER RESPONSE FORMAT

A. CONFIRMATION OF OFFER FORM - Attachment A.

Complete and sign the attached Documented Quote – Confirmation of Offer form

B. SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB)

C.R.S. Section 24-103-211 sets a Service-Disabled Veteran Owned Small Business (SDVOSB) goal of at least 3% of all contracts by dollar value be awarded to SDVOSBs who must be incorporated or organized in Colorado or they must maintain a place of business or have an office in Colorado and must be officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Department of Veterans Affairs. See www.vip.vetbiz.gov. By responding to this solicitation, the successful Offeror certifies that it shall comply with the provisions of C.R.S. Section

24-103-211. Only SDVOSBs that meet minimum specifications can be considered for the percentage preference. SDVOSBs must submit documentation of SDVOSB certification issued through the U.S.

Department of Veterans Affairs in their response to the solicitation.

C. VENDOR RESPONSE

Vendor’s proposal must present a full and complete description of the qualifications and approach to the requirements set forth in this solicitation. Section C, The Statement of Work, found in Section C, Description of Goods and Services, contained in this solicitation represents a minimum level of response.

1. Administrative Information:

a. Identify single point-of-contact for any questions or concerns relative to this response.

Provide name, title, address, telephone number, fax number, and email address.

b. Provide all mailing addresses, phone, and fax numbers, and email addresses pertinent to this solicitation and for each company location where Agency’s staff can be contacted.

c. Provide an overview, including elapsed time expectations, of your process to complete a contract agreement if you are selected as a successful contractor. After the contract process is complete, how soon could you have staff assigned and available to work.

d. Identify any and all questions, comments, or concerns with regard to the terms and conditions. Absent any such attachment, the Department will assume contractor’s full acceptance of the terms and conditions. Exceptions requested, or alternative language suggested, will be treated as a “counter-offer.” The willingness and/or ability of the

Department to accept or negotiate such suggested changes will be considered on a case-by-case basis. If your company normally seeks legal review of terms, this process should occur prior to submission of your offer and your offer must identify any term or condition you are requesting and how you would suggest it be resolved.

D. COMPANY AND PERSONNEL EXPERIENCE/QUALIFICATIONS

1. Indicate if any services under the resulting PO, including subcontracts, are anticipated to be performed outside the United States or Colorado. If so, identify where the services will be performed and explain why these services will be performed outside of the United States or

Colorado.

2. Provide information about your company’s capabilities and why it should be selected to perform these services. Identify if you are proposing the use of subcontractors. Provide company information including number of employees, and company location(s), including any presence in Colorado.

3. Provide company history including the number of years in business, buyouts, takeovers, IPO’s, bankruptcies, litigations, and claims, etc., within the last five (5) years, or for that period which your firm has been in business, if less than 5 years.

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

4. Describe your recent, relevant experience in providing similar systems.

E. IMPLEMENTATION

1. Describe your system implementation approach and provide a project plan to include installation, maintenance, training, disposal, delivery, and set-up, etc.

2. Provide detailed description of training to System, but not limited to delivery methods, materials provided, training schedule and availability.

3. Upon award the Contractor will need to begin discussing a project plan that includes training, delivery and setup with Colorado Lottery.

F. STATEMENT OF WORK

1. Describe how your proposed system meets and/or exceeds the requirements in Section C, Description of Goods/Services of this solicitation addressing each set of requirements (UPS

Requirements, RPP Requirements, Technical Support and Services, Contractor

Requirements, Delivery, Schedule of Activities).

G. PRICING

Provide your fee schedule, in the format set forth in Attachment B. Provide any discounted pricing that may be available.

For goods include unit lump sun price, any discounts, delivery time, and warranty. Include any pricing for extended maintenance, licensing, etc.

H. ADDITIONAL SERVICES/EQUIPMENT

Please add additional comments, background information, data, etc., which you feel are pertinent and would assist in the bidder selection process. Describe any additional services related to this DQ which may be of value to the State. Identify any associated cost(s).

Attachment A

STATE OF COLORADO

DEPARTMENT OF REVENUE

Documented Quote – Confirmation of Offer

Lottery Division

Attn: Tina Fay

*Email: tina.fay@state.co.us

Fax: 719-546-5320

*Email responses are preferable. (NOTE: revise if you want responses via fax or hard copy).

Documented Quote Number must appear in subject line of email.

The following information is submitted in response to Documented Quote # DOR17004-UPS-

DISTRIBUTION SYSTEM. The below named bidder is voluntarily submitting this offer and acknowledges that it is consistent and in compliance with the State’s included specifications, Purchase

Order Terms and Conditions attached to this Documented Quote, except as replaced, modified, or supplemented by the Department in this Documented Quote.

COMPANY NAME: _________

ADDRESS: __________________________________________________________

CITY: _____________________________ STATE: ________ ZIP+4: ___________

F.E.I.N.** : ___________________________________________________________

DELIVERY DATE: _____________________________________________________

PAYMENT TERMS: ____________________________________________________

SIGNATURE: _________________________________________________________

Signer must be authorized / qualified to bind bidder.

TYPED/PRINTED NAME: ______________________________________________

TITLE: ___________________________________________________________

PHONE: (_______)_________________ FAX: (_______)__________________

EMAIL ADDRESS: _____________________________

1. For a vendor’s bid to be considered responsive, the vendor must be currently registered on VSS: https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService by the due date/time specified by the State for receipt of quotes.

2. Quoted Prices - All prices must be bid delivered, F.O.B. Destination. All bids shall be considered firm fixed price offers.

3. The State is not responsible for any goods delivered or services performed without a State issued purchase order or contract.

4. The State is not liable for any sales, use, excise, property or other taxes imposed by any federal, state or local government tax authority. The

State of Colorado tax exemption number is 98-02565. The State is also not liable for any taxes of the Contractor for franchise or related to the income of the Contractor. No taxes of any kind shall be charged to the State.

Service Disabled Veteran Owned Small Businesses (SDVOSBs)

1. C.R.S. Section 24-103-211 sets a Service-Disabled Veteran Owned Small Business (SDVOSB) goal of at least 3% of all contracts by dollar value be awarded to SDVOSBs who must be incorporated or organized in Colorado or they must maintain a place of business or have an office in Colorado and must be officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Department of

Veterans Affairs. See www.vip.vetbiz.gov.

2. By responding to this solicitation, the successful Offeror certifies that it shall comply with the provisions of C.R.S. Section 24-103-211.

Only SDVOSBs that meet minimum specifications can be considered for the percentage preference.

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

https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService http://www.vip.vetbiz.gov/

ATTACHEMENT B

PRICING

DQ DOR17004-UPS Distribution System

STATE OF COLORADO

DEPARTMENT OF REVENUE

COLORADO LOTTERY DIVISION

Description Price – Lump Sum

Uninterruptable Power supply (UPS) $

Remote Power Panel (RPP) $

Alternate Power (Portable Transformer $

Electrical (Installation) $

Optional 3 year Maintenance Package $

Removal and disposal of old MGE UPS and

Liebert PDU

Total $

1. Offer/Acceptance. If this purchase order (“PO”) refers to vendor’s bid or proposal, this PO is an ACCEPTANCE of vendor’s OFFER TO SELL in accordance with the terms and conditions of the “solicitation” identified in vendor’s bid or proposal. The solicitation includes an RFP, IFB, or any other form of order by buyer. If a bid or proposal is not referenced, this PO is an OFFER TO BUY, subject to vendor’s acceptance, demonstrated by vendor’s performance or written acceptance of this PO. Any COUNTER-OFFER TO SELL automatically CANCELS this PO, unless a change order is issued by buyer accepting a counter-offer. This PO shall supersede and control over any vendor form(s) or part(s) thereof included in or attached to any bid, proposal, offer, acknowledgment, or otherwise, in the event of inconsistencies or contradictions, regardless of any statement to the contrary in such form(s) or parts thereof. 2. Safety Information. All chemicals, equipment and materials proposed and/or used in the performance of this PO shall conform to the requirements of the

Occupational Safety and Health Act of 1970. Vendor shall furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals, equipment or hazardous materials at the time of delivery.

3. Changes. Vendor shall furnish products and/or services strictly in accordance with the specifications and price set forth for each item. This PO shall not be modified, superseded or otherwise altered, except in writing signed by purchasing agent and accepted by vendor. Each shipment received or service performed shall comply with the terms of this PO, notwithstanding invoice terms or acts of vendor to the contrary, unless this PO has been modified, superseded or otherwise altered in accordance with this section.

4. Delivery. Unless otherwise specified in the solicitation or this PO, delivery shall be FOB destination. Buyer is relying on the promised delivery date, installation, and/or service performance set forth in vendor’s bid or proposal as material and basic to buyer’s acceptance. If vendor fails to deliver or perform as and when promised, buyer, in its sole discretion, may cancel its order, or any part thereof, without prejudice to its other rights, return all or part of any shipment so made, and charge vendor with any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of the essence.

5. Intellectual Property. Any software, research, reports, studies, data, photographs, negatives or other documents, drawings or materials (collectively

“materials”) delivered by vendor in performance of its obligations under this PO shall be the exclusive property of buyer. Ownership rights shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the materials. Vendor shall comply with all applicable Cyber Security Policies of the State of Colorado (the “State”), or buyer, as applicable, and all confidentiality and non-disclosure agreements, security controls, and reporting requirements.

6. Quality. Buyer shall be the sole judge in determining “equals” with regard to quality, price and performance. All products delivered shall be newly manufactured and the current model, unless otherwise specified.

7. Warranties. All provisions and…