RFA IBEH 2026000182 Colorado Prevail Program.docx

Request for Applications

Colorado Prevail Program

2026000182 March 4, 2026

Basic Information and Timeline

All dates and times are subject to change and are in Mountain Time.

Table of Contents

A. Quick Resources

1. For questions about this solicitation, contact the Single Point of Contact identified above.

2. For help with Vendor Self Service (ColoradoVSS), contact the Vendor Self Service Help Desk vsshelp@state.co.us or 303-866-6464.

3. For information about doing business with the state of Colorado generally, go to: https://osc.colorado.gov/spco/accesscolorado.

4. The Department is always interested in improving. Please take this survey at any time: https://docs.google.com/forms/d/e/1FAIpQLScIgv9lgrT3x5AGzcvT1xkvpucrRhhN5QJ23vLcbyfvc2smaw/viewform (We do actually read the responses)

B. Introduction and Background Introduction Behavioral Health Administration (BHA) is dedicated to promoting whole-person, trauma-informed behavioral health care for all Coloradans. BHA works collaboratively with state and local partners to ensure that individuals, families, and communities have equitable access to high-quality behavioral health services and supports.

As part of this mission, BHA leads several statewide initiatives that integrate behavioral health and justice systems to promote early intervention, diversion, and recovery-oriented approaches. One of these initiatives is the Pre-Arrest Evaluation, Intervention, and Linkage (PREVAIL) Program, a model designed to reduce criminal justice involvement among individuals whose behavior is influenced by unmet behavioral health or substance use needs.

Background The PREVAIL Program (formerly known as LEAD—Law Enforcement Assisted Diversion) is a collaborative, community-based initiative that provides pre-arrest diversion and deflection alternatives to traditional criminal justice processing. Originally launched in Colorado in 2017 with four pilot sites, the program expanded in 2025 to five sites statewide. This expansion included updates to the BHA model and an expanded target population to include both adults (ages 18 and older) and youth (ages 13–18) who are at risk of repeated criminal involvement due to behavioral health or substance use challenges.

PREVAIL prioritizes low-level, non-violent offenses and is built upon a trauma-informed, harm-reduction, and person-centered framework. The program focuses on connecting participants to community-based case management, treatment, housing, and supportive services, while promoting cross-system collaboration among law enforcement, judicial partners, and service providers.

Through this solicitation, the BHA seeks qualified organizations to implement or expand the PREVAIL model in their communities in alignment with statewide program goals and fidelity standards.

Program Overview and Requirements The awarded vendor shall implement PREVAIL in accordance with BHA guidelines and maintain fidelity to the program model's core principles. Awarded vendors shall:

1. Establish a Policy Workgroup (PWG) and a Community Workgroup (CWG) to provide program oversight, coordination, and accountability.

2. Maintain and strengthen partnerships with law enforcement agencies, judicial partners, and community-based providers to support participant referrals and coordinated case management.

3. Deliver trauma-informed, harm-reduction, and person-centered case management services, using evidence-based practices approved by BHA.

4. Utilize BHA-approved data collection and reporting systems, including CiviCore and GAIN, to track participant outcomes and program performance.

5. Participate in ongoing monitoring, evaluation, and training as required by BHA.

6. Ensure that all program staff complete BHA-mandated training, including Motivational Interviewing, Mental Health First Aid, GAIN, CiviCore, and PREVAIL Program Management Training.

7. Participate in monthly BHA-led coordination meetings.

Awarded vendors are expected to meet the following minimum program performance standards:

1. Receive no fewer than 100 referrals annually;

2. Ensure that 15% of referrals originate from law enforcement partners;

3. Ensure that 60% of all referrals are enrolled in program services; and

4. Demonstrate that at least 70% of participants achieve one or more individualized goals.

These requirements are intended to ensure consistency across statewide PREVAIL sites, maintain fidelity to the program model, and promote effective outcomes for participants and their communities.

Program Goals The overarching goals of PREVAIL are to:

1. Reduce high-risk behaviors and establish stability among individuals whose criminal justice involvement is driven by behavioral health or substance use needs;

2. Enhance community safety through collaborative, public health–centered responses to behavioral health challenges;

3. Expand access to behavioral health, housing, and recovery supports for vulnerable populations; and

4. Foster cross-system partnerships that integrate law enforcement, judicial entities, and behavioral health service providers.

Eligibility

1. Eligible Applicants are local government agencies, such as counties, municipalities, or law enforcement departments, as well as nonprofit organizations that have an executed partnership agreement or memorandum of understanding (MOU) with a local law enforcement agency or judicial entity

Allowable and Unallowable Uses of Funding Allowable Uses The awarded vendor shall ensure all expenditures are adequately documented and reasonable, necessary, and aligned with program goals. Funding may be used to support, with BHA approval, items including but not limited to:

Program Personnel, Project Management, and Community Engagement All personnel shall be paid within the recommended salary ranges for their respective positions:

Other Allowable Uses

1. Temporary services or treatments necessary to stabilize a participant, including housing up to 60 days

2. Outreach and direct program services

3. Contingency management/program incentives

4. Specialized program training approved by BHA

5. Dedicated law enforcement resources, including meetings and training

6. Training and technical assistance from PREVAIL experts in other jurisdictions

7. Collecting and maintaining data necessary for program evaluation

8. Client costs that are reasonable, directly aligned with program goals, and only for participants fully enrolled in PREVAIL, including completion of the initial GAIN assessment

9. Gift cards, phone cards, or transportation vouchers/passes may not be purchased in bulk; an inventory log with participant signatures must be maintained

Unallowable Uses The awarded vendor may not use funds for:

1. Alcohol, tobacco, or marijuana (even with a medical card)

2. Bad debts

3. Entertainment or fundraising

4. Fines and penalties

5. Goods or services for personal use

6. Vehicle purchases

7. Legal fees

8. Training, materials, access, or other costs for non-PREVAIL staff

9. Subscriptions, databases, or software not approved by BHA

C. How to Submit an Application

1. In General. Email the Application, Signature Page, and any other required documents in one zip file as an attachment to this email address: RFA_IBE.l2ia0z4von6hzz6w@u.box.com. Please be aware of email server file size limitations. The maximum file size the Department can accept is 15 GB.

2. Only Attachments. Only the zip file goes through. The Department cannot see any text or messages sent to the email address identified above. Written questions may be emailed to the Single Point of Contact.

3. File Names. The zip file name should start with the solicitation type, solicitation number, and vendor name (e.g., “RFA 2026000XXX Vendor Name…”). Vendors may include additional information in the zip file name.

4. Timing. The zip file typically uploads within five minutes; however, vendors should submit zip files at least thirty minutes prior to any deadline to ensure the file is received.

5. Confirmation. Vendors will receive an email confirmation from box.com that the zip file was uploaded correctly. If not, please contact the Single Point of Contact.

6. No Encryption. Do not encrypt emails sent to the submission email as it may prevent full submission.

7. Pre-Application Conference. There will not be a pre-application conference.

8. Questions. Vendors may submit questions by email to the Single Point of Contact prior to the Questions Due Date identified in the Basic Information and Timeline above. The Department may answer some, all, or none of the questions asked by posting them publicly.

9. Late Applications will not be accepted unless specifically allowed by rule and at the Department’s sole discretion.

D. Application Format

1. Maximum Length. Applications should include only the application packet as described below. The Department may evaluate applications negatively if this page limit is not followed.

2. Please complete and return section K. Signature Page.

3. Please complete and return - Exhibit B - Colorado Prevail Program Grant Application Workbook. Instructions on how to fill out the Grant Application Workbook can be found on the “Summary” tab on the Grant Application Workbook and notes are provided within the application to assist applicants.

4. Please complete and return -Exhibit G- Mandatory Requirements and Eligibility Certification

E. Application Content

1. Mandatory Criteria: The following criteria are mandatory and must be met in order for an application to be considered. Proposals that fail to demonstrate compliance with these requirements will be deemed nonresponsive and disqualified from evaluation.

To respond to the mandatory criteria, Applicants are required to complete and submit Exhibit G- Mandatory Requirements and Eligibility Certification (attached to this RFA).

i. Applicant Eligibility Type. The applicant must be:

a. A local government agency, such as a county, municipality, or law enforcement department, or

b. A nonprofit organization that has an executed contract, agreement, or Memorandum of Understanding (MOU) with a local law enforcement agency or judicial entity.

I) Nonprofit applicants must also submit a copy of an executed MOU or partnership agreement with a qualifying law enforcement agency or judicial entity.

Demonstration of Compliance: Applicants must complete and submit Exhibit G – Mandatory Requirements and Eligibility Certification for this request.

ii. Legal Authority and Regulatory Compliance. The applicant must be legally authorized to operate within the State of Colorado and comply with all applicable federal and state regulations governing behavioral health and criminal justice diversion programs.

Demonstration of Compliance: Applicants must complete and submit Exhibit G- Mandatory Requirements and Eligibility Certification, affirming legal authority to operate in Colorado and compliance with all applicable requirements.

2. Preferred Criteria (100%): The following criteria are preferred and will be used during the evaluation process. These criteria are not required for eligibility but indicate a stronger likelihood of successful implementation, sustainability, and alignment with BHA priorities.

i. Program Model Fidelity and Implementation (30%)

a. Please describe your organization’s prior experience implementing diversion, deflection, or recovery-oriented programs similar in size and scope to PREVAIL. (10%) I. How has your organization implemented program models that require fidelity to defined standards or guidelines? Answer to this question in row 25 on Exhibit B- Colorado Prevail Program Grant Application Workbook II. Describe your experience establishing or participating in governance structures such as a Policy Workgroup (PWG) or Community Workgroup (CWG). Answer to this question in row 26 on Exhibit B- Colorado Prevail Program Grant Application Workbook III. Describe your experience collecting and reporting participant data using BHA-approved systems, such as CiviCore and GAIN, or comparable platforms. Answer to this question in row 27 on Exhibit B- Colorado Prevail Program Grant Application Workbook IV. How have these practices supported consistent program implementation, improved participant outcomes, or informed continuous quality improvement? Answer to this question in row 28 on Exhibit B- Colorado Prevail Program Grant Application Workbook

b. Youth and Transitioned Aged Adults (13-20) Specific Experience (20%) I. Describe how your program is currently working with, or plans to work with, and will engage youth and young adults, particularly justice-involved or at-risk populations. In your response, please include:

i. Planned or existing services and outreach efforts, including partnerships with law enforcement, judicial entities, and community-based providers.

ii. Planned or existing operational framework, scope of services, and demographics served. The same applies here.

iii. Proposed methodology and programmatic activities for engaging and supporting youth and young adults in your designated service area.

iv. How your current and planned work aligns with the goals of the PREVAIL including supporting participant referrals, engagement in services, and positive outcomes for at-risk youth and young adults.

v. How your work incorporates, or plans to incorporate, trauma-informed, and person-centered approaches.

Answer to this question in row 31 on Exhibit B- Colorado Prevail Program Grant Application Workbook

ii. Experience and Operational Capacity (10%)

a. Please describe your organization's operational experience and capacity to manage high-volume, multi-system programs.

I. Describe your experience managing programs with referral volumes similar to PREVAIL (e.g., ≥100 referrals annually) and achieving program enrollment or outcome targets. Answer to this question in row 33 on Exhibit B- Colorado Prevail Program Grant Application Workbook II. How has your organization tracked, monitored, and improved program performance? Answer to this question in row 34 on Exhibit B- Colorado Prevail Program Grant Application Workbook III. What outcomes or lessons learned demonstrate your organization's ability to manage complex, multi-system programs effectively? Answer to this question in row 35 on Exhibit B- Colorado Prevail Program Grant Application Workbook IV. Describe any experience operating programs with defined performance targets, referral volumes, or model fidelity expectations, including lessons learned, monitoring practices, and continuous improvement strategies. Answer to this question in row 36 on Exhibit B- Colorado Prevail Program Grant Application Workbook

iii. Community Collaboration and Partnerships (10%)

a. Please demonstrate your organization's readiness to implement PREVAIL through community partnerships. Your response should address the following requirements:

I. Describe current or planned collaborations with key stakeholders (e.g., law enforcement, judicial partners, behavioral health agencies, housing providers). Answer to this question in row 38 on Exhibit B- Colorado Prevail Program Grant Application Workbook II. How have you leveraged partnerships to support participant referrals, coordinated case management, or program oversight? Answer to this question in row 39 on Exhibit B- Colorado Prevail Program Grant Application Workbook III. Provide a minimum of three examples of governance participation, MOUs, or letters of support that illustrate stakeholder commitment. Answer to this question in row 40 on Exhibit B- Colorado Prevail Program Grant Application Workbook IV. Explain how these partnerships address identified community needs, including behavioral health-related arrests or service gaps. Answer to this question in row 41 on Exhibit B- Colorado Prevail Program Grant Application Workbook

iv. Staffing and Training Capacity (5%)

1. Please describe your organization’s staffing structure and approach to training for programs similar to PREVAIL. Answer to this question in row 44 on Exhibit B - Colorado Prevail Program Grant Application Workbook

c. How does your organization ensure that staff are trained in trauma-informed, harm-reduction, and person-centered approaches? Additionally, please explain how your organization tracks and ensures compilation of mandatory program training, such as Motivational Interviewing, Mental Health First Aid, GAIN, CiviCore, or PREVAIL Program Management Training? Answer to this question in row 46 on Exhibit B- Colorado Prevail Program Grant Application Workbook

d. How does your organization onboard, supervise, and retain staff assigned to multi-system programs? Answer to this question in row 48 on Exhibit B- Colorado Prevail Program Grant Application Workbook

v. Program Sustainability and Funding Integration (10%)

1. Please describe your organization's strategies to sustain the PREVAIL program beyond the grant period, including plans for continued funding and integration within existing systems. Answer to this question in row 51 on Exhibit B- Colorado Prevail Program Grant Application Workbook

f. How will your organization coordinate requirements if multiple funding sources support the same program activities? Answer to this question in row 53 on Exhibit B- Colorado Prevail Program Grant Application Workbook

g. Affirm how BHA award requirements will remain primary and how potential funding conflicts will be managed or communicated. Answer to this question in row 55on Exhibit B- Colorado Prevail Program Grant Application Workbook

vi. Data, Evaluation, and Continuous Quality Improvement (15%)

1. Please demonstrate your organization's capacity to collect, manage, and analyze program data. Your response should address the following:

I. Describe experience using structured data systems such as CiviCore, GAIN, or comparable platforms. Answer to this question in row 57 on Exhibit B- Colorado Prevail Program Grant Application Workbook II. How do you ensure data quality, timeliness, and accuracy for monitoring program performance? Answer to this question in row 58 on Exhibit B- Colorado Prevail Program Grant Application Workbook III. Explain how data will be used to support continuous quality improvement, performance monitoring, and accountability. Answer to this question in row 59 on Exhibit B- Colorado Prevail Program Grant Application Workbook

vii. FAIR Principles (10%) Equity and Systems Approach (FAIR: Fairness, Access, Impact, Relationships)

1. Explanatory Note / Guidance to Applicants only, this section will not be evaluated as part of the application, please only respond to the FAIR criteria below in E.2.v.b.

I. FAIR Principles Defined:

i. Fairness: Everyone is equipped to succeed.

ii. Access: Everyone can fully participate.

iii. Impact: Everyone is empowered for excellence.

iv. Relationships: Everyone has a people-first approach.

II. Key Considerations:

i. People-first: Engage all stakeholders in program design and delivery.

ii. Outcomes over intentions: Measure success by progress and results, not effort alone.

iii. Systemic over individual: Focus on improving systems to create fair processes and scalable impact.

iv. Innovation: Continuously evaluate and refine strategies to improve results.

III. Applicants should use these definitions as a lens to describe how their program integrates FAIR principles in program implementation, monitoring, and continuous improvement, while maintaining equitable access and strong partnerships with law enforcement, judicial entities, and community stakeholders.

j. Please describe how your organization integrates FAIR principles (Fairness, Access, Impact, Relationships) described in E.2.v.a into the design and delivery of the PREVAIL program.

I. How does your program ensure fair and equitable access, positive participant outcomes, and a strong partnership with law enforcement, judicial entities, and community stakeholders? Please provide examples of policies, strategies, or practices that demonstrate how FAIR principles are applied in program implementation, monitoring, and continuous improvement. Answer to this question in row 62 on Exhibit B- Colorado Prevail Program Grant Application Workbook

3. Cost. (10%). Please answer or address the following questions or issues:

i. Cost Requirements. Applicants should submit their budget using the BHA Exhibit B- Colorado Prevail Program Grant Application Workbook, specifically completing the tab titled “FY27 BHA Cost Reimbursement Budget”. The cost proposal should clearly demonstrate how BHA funds will be used to support the implementation, administration, and evaluation of the PREVAIL program, as described in Exhibit A – Statement of Work (SOW) Response Guidance to this question is also referenced in row 66 on Exhibit B - Colorado Prevail Program Grant Application Workbook

a. Instructions: Applicants should thoroughly and clearly describe every category of expense listed on the Budget. The narrative of the budget should I. Include correct calculations, II. Correspond with the information provided in the Grant Application.

III. Clearly explain how each cost supports proposed activities. Applicants may apply their federally negotiated indirect cost rate or the 15% de minimis rate, if applicable

b. Budget Narrative Instructions- Please complete the portion in the description of the work column from the tab titled FY27 BHA Cost Reimbursement Budget. For each budget line item, applicants should provide a narrative that clearly explains:

I. How the funds support specific SOW activities. Please include details at a minimum, such as:

i. PREVAIL Staff Training and Capacity Building

ii. Data Collection and Reporting (CiviCore, GAIN)

iii. Monthly BHA Coordination and Monitoring Activities

iv. Community Workgroup and Policy Workgroup Support

v. Outreach, Program Coordination, and Referral Management

vi. Program Evaluation and Quality Improvement Activities II. Suggested invoice line items that applicants may use (for guidance; applicants may include others as appropriate):

i. Staff Wages

ii. Client Costs

iii. Travel

iv. Training and Professional Development

v. Vehicle Leases, Maintenance, and Insurance

vi. Staff Cell Phones

vii. Office Lease, Supplies, Utilities, and Equipment

viii. Local Meetings and Events

ix. Program Manager Budget (may include the above items) III. How costs were calculated (e.g., staff hours × hourly rate, unit costs for materials or services).

IV. The source(s) of funds, including matching funds or in-kind contributions.

V. Justification that costs are reasonable, allowable, and necessary to accomplish program deliverables VI. Note- Applicants may also include any additional cost-related information to support the feasibility and efficiency of their proposed program implementation.

c. Dual-Funding / Coordination Requirement- If any proposed costs are supported by multiple funding sources, the applicant should:

I. Clearly explain how the requirements of each funding source will be coordinated to avoid conflicts.

II. Affirm that BHA award requirements will remain primary and will not be overridden by other funding sources.

III. Notify BHA within 30 days of the Notice of Intent (NOI) if the applicant intends to withdraw from the award due to funding conflicts, prior to award execution.

d. Submission Notes- I. Use the Exhibit B- Colorado Prevail Program Grant Application Workbook exactly as provided; do not modify the structure or formulas. Include a short narrative for each line item describing how funds support program activities and calculations.

e. Maximum Award Amount I. The maximum award amount for a single applicant under this solicitation is up to $475,000 per year.

II. For joint or partnership applications, the maximum award amount is up to $650,000 per fiscal year. Partnership budgets should clearly demonstrate how funding will be distributed across all participating entities and how each partner’s role supports implementation of the PREVAIL program requirements.

III. Partnership applicants should all designate a fiscal agent responsible for contract management, financial oversight, reporting, and compliance with all BHA requirements. All partners should clearly outline their roles, responsibilities, and associated costs within the budget narrative and application materials, ensuring traceability of funds to specific program activities.

F. Demographic Form

1. In an effort to best comply with Colorado Procurement Code rule R-24-103-901 re maximizing opportunities, we like to gather certain voluntary demographic information from potential vendors where possible. This is entirely voluntary and does not affect an organization’s application/proposal/quote/bid or contract whatsoever in any way. It is not taken into consideration in this procurement process or reviewed by evaluators in this process. The information gathered is submitted directly to a data gathering team at CDHS who provide general statistics on outcomes and trends to CDHS Contracts & Procurement leadership on approximately a quarterly basis so that this leadership can look for ways to generally and overall maximize opportunities as described in the Code. Please fill out the following form regarding your organization’s demographic information if and to whatever extent you are willing. This is again entirely voluntary and has no impact on your potential work for the State: https://app.smartsheet.com/b/form/219f6db8803b4994afb9bf70e84fa421 G. How Applications are Evaluated

1. In General. The Department will assess each application based on Evaluation Factors and determine the best application(s). The assessment may vary based on the time and resources available to make a determination. The Department may request more information or clarifications from any vendor. The Single Point of Contact will notify all vendors of the final decision.

2. Mandatory Criteria. The Department may identify mandatory criteria. However, the Department reserves the right to waive mandatory requirements in its sole discretion.

3. Evaluation Factors. The Department may evaluate applications based on the information requested or referenced in the application content section, or as noted throughout the solicitation.

4. References. The Department may contact references, whether provided or not, and also consider them as part of the evaluation.

H. Ethics and Commitment to Accessibility

1. Any person involved in the purchasing process for the State, any end users of such goods and services, any vendor or contractor that does business with the state, and any other interested third parties to the procurement process shall enhance the proficiency and stature of the purchasing process by adhering to the highest standards of ethical behavior.

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

I. Administrative Information

1. Communication. All communication regarding this solicitation must be done through the Single Point of Contact identified above. Unauthorized contact with any Department personnel other than the Single Point of Contact regarding this solicitation is prohibited and may result in disqualification.

2. Notices. The Department may modify this solicitation by posting changes via the Colorado VSS website. All communications will be posted on the VSS, www.colorado.gov/vss , and/or through a direct email from the Single Point of Contact.

3. Modifications of Applications. Applications may be modified or withdrawn by the vendor prior to the established due date and time.

4. Presentations or Site Visits. At the Department’s sole discretion, the Department may request presentations or site visits. Vendors should not, however, prepare the application with the assumption that an opportunity for oral presentations or revisions will be offered.

5. Acceptance of solicitation terms. An application submitted in response to this solicitation shall constitute a binding offer and acknowledgment that all terms and conditions of this solicitation are accepted. Vendors must identify any variations between its bid and the solicitation. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance.

6. Contract. Vendors must agree to the State’s contract terms, found here: https://cdhs.colorado.gov/procurement or as an exhibit to this solicitation. Please note that any referenced or attached model contract lists the State’s standard required legal provisions but may not include the specific scope of work and other specific terms or requirements for this solicitation. Vendors must review any attached contract terms and note any exceptions. If no exceptions are noted, Vendor is indicating an intent to accept the terms as-is. Modifications to the State’s contract terms constitute increased risk and costs to the State. Therefore, Vendor’s noted exceptions may be considered in any evaluation.

7. Award. The Department will notify all vendors who submitted an application when it issues a Notice of Intent to Award or an actual award. The awarded vendor(s) must act in good faith to execute an agreement on or before the Anticipated Contract Start Date identified above. If this date is not met, through no fault of the State, the State, at its sole discretion, may cancel the Notice of Intent to Award.

8. Reconsiderations.

i. Sponsoring Agency Reconsiderations. If a Sponsoring Agency provides for an appeal process, then the Department will follow the appeal process provided by the Sponsoring Agency.

ii. Federal Program Reconsiderations. If a federal program under which funding is provided for provides for an appeal process, then the Department will follow the appeal process provided for by the federal program.

iii. Department Reconsiderations. If there is no Sponsoring Agency or federal appeal process available, then vendors who believe that they should have been issued an award when they were not or who believe that they were otherwise not properly awarded may submit an appeal to Lauren Ingalls (email to lauren.ingalls@state.co.us), Procurement Director, Division of Contracts and Procurement, Department of Human Services, who will review the appeal and make a final determination, unless the authority for making this determination is otherwise specified by law. The sole remedy for Applicants shall be potential funding depending on availability of funding. The appeal shall be submitted in writing within five business days after such aggrieved person knows, or should have known, of the facts giving rise thereto.

9. CORE Registration. Unless otherwise noted, before the Department can award to any vendor, that vendor must be registered in CORE, which can be completed through Vendor Self Service at www.colorado.gov/vss.

10. EFT. Awarded vendors are encouraged to sign up for EFT transfers.

11. Secretary of State Registration. Before Contract execution, the awarded vendor must be registered to do business in the State of Colorado. If a vendor is a foreign corporation (formed under a statute or common law in a jurisdiction other than Colorado) or other foreign entity transacting business in the State of Colorado, it shall warrant that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process.

12. System for Award Management. Before Contract execution, the awarded vendor(s) must be registered with the System for Award Management (SAM.gov).

13. Confidentiality. The State of Colorado is subject to the requirements of §24-72-200.1, C.R.S., et seq., Colorado Open Records Act. Anything submitted by a vendor is likely to become public information. Vendors may submit, as a part of its solicitation response, a written request for classification of certain portions of the proposal as confidential information pursuant to Colorado Procurement Code R-24-101-401-03. Material for which confidentiality has been requested shall be readily identifiable and separable from other portions of the solicitation to facilitate public inspection of the non-confidential portion of the solicitation response, if it is not, the confidentiality request will not be considered. Commingling of confidential and non-confidential information is not acceptable and any confidentiality request made in this fashion will not be considered. In no event shall an entire proposal be classified as confidential. Marking an entire proposal as confidential is a confidentiality request that will not be considered. Price information will not be considered confidential. In addition to complying with the aforementioned restrictions, in order for the confidentiality request to be considered, the vendor must include the rationale for the request to classify portions as confidential, as specified in the Colorado Procurement Code R-24-101-401-03, specifying by line which section of §24-72-204, C.R.S. is the purported authority for the requested confidentiality determination ("Confidentiality Request Justification"). The confidentiality request shall also include both a proposed redacted version and an unredacted version of the submission. The Procurement Official or his or her designee shall determine if the information identified in the Offeror’s request is exempt from disclosure in accordance with §24-72-204, C.R.S., and shall inform the Offeror in writing of his or her determination. If the Offeror does not agree with the determination, the Offeror may protest the determination in accordance with article 109 of the Colorado Procurement Code and the terms of this solicitation. Reference Procurement Rule R-24-101-401-03. A confidentiality request, even if granted, will not render any potential later mutually-negotiated contract terms confidential, as such a resulting contract would be a matter of public record.

14. Background Checks. Pursuant to C.R.S. §27-90-111 and Department policy, any vendor, and its agent(s), who has direct contact with vulnerable persons in a state-operated facility, or who provides state-funded services that involve direct contact with vulnerable persons in the vulnerable person’s home or residence, shall:

i. submit to and successfully pass a criminal background check, and

ii. report any arrests, charges, or summonses for any disqualifying offense as specified by C.R.S. §27-90-111 to the Department.

15. Application Prices. Estimated prices are not acceptable. Best and final offers may be considered in determining the apparent successful vendor. Applications shall be firm for a period of not less than 180 calendar days from the date of award.

16. Cancellation. A solicitation may be cancelled only when there are cogent and compelling reasons to believe that the cancellation of the solicitation is in the state's best interest. An award of a contract under a solicitation may be cancelled, in whole or in part, when the procurement official determines in writing that such action is in the state's best interest.

17. Costs. The Department is not liable for any cost incurred by vendors prior to any formal contract, purchase order, or other agreement. No property interest of any nature shall occur until a contract is signed by all concerned parties.

18. Application Rejection. The Department may reject an application, waive informalities, and minor irregularities, or accept any portion.

19. Tax ID. Any tax identification number provided must be that of the vendor responding to the solicitation. The vendor must be a legal entity with the legal right to contract.

20. News Releases. Vendors may not issue any news releases pertaining to this solicitation without the Department’s prior written approval.

21. Taxes. The Department is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all state and local government use taxes C.R.S. §39-26-114(a). The Colorado State and Local Sales Tax Exemption Number is 98-02565. When materials are purchased in certain political subdivisions (for example - City of Denver), the vendor may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

22. E-Verify. Vendors must participate in the federal E-Verify program or the Colorado Department of Labor and Employment Program as required by C.R.S. §8-17.5-101.

23. Services Outside of Colorado or the United States. Vendors must disclose services performed outside of Colorado or the United States as required by C.R.S. §24-102-206.

24. Notice to NonResident Bidders. If a nonresident vendor is from a state that provides a bidding preference to vendors from that state, then a comparable percentage disadvantage will be applied to the bid of that nonresident vendor pursuant to C.R.S. §24-103-908. The vendor may obtain additional information from the department of personnel's website.

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J. Exhibit List Exhibit A - Statement of Work (For Review Only) Exhibit B - Colorado Prevail Program Grant Application Workbook (Complete and Submit) Exhibit C - Miscellaneous Provisions (For Review Only) Exhibit D - HIPAA Business Associate Agreement (BAA) (For Review Only) Exhibit E - CDHS Personal Services Contract Template, Terms & Conditions Template (For Review Only) Exhibit F - CDHS Personal Services Contract Template - Signature and Cover Pages (For Review Only) Exhibit G - Mandatory Requirements and Eligibility Certification (Complete and Submit)

K. Signature Page The vendor must complete and submit the Signature Page along with the application.

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