RFP 2016000209 Electronic Alcohol Monitoring & Interlock Services Mod.pdf

RFP #2016000209 Page 1

Colorado Department of Corrections

Division of Ault Parole

Request For Proposal #2016000209

TITLE: Electronic Alcohol Monitoring and Interlock Services

Table of Contents:

SECTION ONE: RFP ADMINISTRATIVE INFORMATION...................................... Page 2

SECTION TWO: BACKGROUND INFORMATION.................................................. Page 4

SECTION THREE: STATEMENT OF WORK.............................................................. Page 6

SECTION FOUR: EVALUATION................................................................................ Page 9

SECTION FIVE: PROCUREMENT AND CONTRACTING INFORMATION........... Page 12

ATTACHMENTS:

(A) RFP Cover Page

(B) MBE/WBE Status Form

(C) Contract Performance for Services Outside US or CO

(D) Statewide Contract Management System

(E) Special Provisions (of the State Contract)

(F) Exhibit IC Independent Contractor Status form

RFP #2016000209 Page 2

SECTION ONE: ADMINISTRATIVE INFORMATION

A. ISSUING OFFICE / POINT OF CONTACT: This Request For Proposal (RFP) is issued by the Colorado Department of Corrections (CDOC) Purchasing Office for the benefit of the Division of Adult Parole. The CDOC Purchasing Office is the sole point of contact concerning this RFP. Any prospective proposer/offerer/bidder (“bidder”) that is found to have contacted any other CDOC personnel with regard to this RFP, may be deemed to be ineligible for award.

B. SCHEDULE OF ACTIVITIES: Numbers 5 and 6 are projections only, dependent upon various factors associated with the evaluation and subsequent contract negotiations.

1. April 7, 2016: RFP issued.

2. April 18, 2016, 1:00 PM Deadline for written inquiries.

3. May 10, 2016, 4:00 PM Deadline to receive proposals

4. May 18, 2016: Projected date for award notice.

5. July 1, 2016: Projected contract date.

C. PRE-PROPOSAL CONFERENCE:

There will not be any pre-proposal conference in association with this RFP. Prospective bidders may submit written inquiries (see below).

D. WRITTEN INQUIRIES: Bidders may submit written inquiries in order to obtain clarification of RFP requirements. Inquiries should be sent via email, as follows:

Email address: kristina.ireland@state.co.us Subject line: RFP #2016000209 inquiry

Please limit written inquiries to only those issues and questions which are essential in order to submit a viable proposal in response to this RFP. Requests for detailed or exhaustive information regarding current agency or contractor practices may be declined, if said information is not deemed to be necessary in order to submit a viable proposal.

E. OFFICIAL NOTIFICATIONS: This RFP has been published on the State of Colorado solicitations web site Colorado.gov/VSS. This web site is the official site for all notices concerning this RFP. Any significant changes to the original RFP, including CDOC responses to written inquiries, will be published on the web site as a ‘modification’ to the original solicitation.

Bidders who become aware of this RFP through other sources are strongly advised to register at Colorado.gov/VSS and to monitor this site for notifications concerning the RFP. Although the purchasing agent may choose to also furnish notification/s via other means as a courtesy to bidders, the only official and required notification/s for any

RFP #2016000209 Page 3 significant changes to the RFP will be via modification/s published on the VSS web site.

F. INSTRUCTIONS FOR SUBMITTING PROPOSALS:

1. Proposals must be received at the Colorado Department of Corrections Purchasing Office, by no later than the submission deadline. Late proposals cannot be considered. It is the bidder’s responsibility to assure that his/her proposal actually arrives at the Department of Correction’s Purchasing Office by the prescribed time and date. The US Post Office does not deliver to the CDOC Purchasing Office.

2. Proposals should be submitted in a sealed package, identified on the outside with the bidding entity’s name and address.

If mailing via US Post, address as follows:

CDOC Purchasing Office - RFP #2016000209 P.O. Box 1010 Canon City, CO 81215-1010

If using a delivery service such as FedEx, UPS, etc., address as follows:

CDOC Purchasing Office - RFP #2016000209 Colorado Territorial Correctional Facility 275 West Highway 50 Canon City, CO 81212

(Ref. R-24-103-202b-07 Timeliness of Bids: If by the specified due deadline, the mail, either by the Postal Service or by internal distribution system, has not been delivered to the Purchasing Office, a proposal may be accepted if it is reasonable to believe the proposal was in the control and possession of the CDOC by the deadline.)

3. The bidder should supply one original written and signed proposal. The RFP Cover

Page (Attachment A) should be completely filled out and signed in ink by the bidder or an officer of the bidder legally authorized to bind the bidder to the proposal. An electronic copy of the proposal will also be required. The e-copy will be requested after the solicitation has closed and must be identical in content to the written proposal, and should be in a non-alterable, read-only format such as Adobe PDF.

The complete e-copy is preferred in a single document, and is not to exceed three documents total. (Note that the use of writable CDs/USB/thumb/flash drives is somewhat restricted at CDOC, therefore these will not be accepted.)

4. Technical assistance in the preparation of proposals will not be provided. Proposals will likely be assessed based only on the materials presented in the original proposal.

Therefore, it is important that proposals be complete and bidders should recognize that the opportunity for revision or augmentation may not exist.

RFP #2016000209 Page 4

SECTION TWO: BACKGROUND INFORMATION

Please note that much additional information exists for prospective bidders through the various Administrative Regulations (ARs) of the Colorado Department of Corrections (CDOC or Department) available on the Department’s web site: www.doc.state.co.us/administrative-regulations.

A. PAROLE OVERVIEW:

The Department’s Division of Adult Parole, (Division) provides for public safety through the supervision of offenders released to the community by the State Board of Parole or CDOC inmates who have transitioned to community corrections programs or are living in the community on Intensive Supervision (ISP-I). The Division’s Parole supervision programs provide a system of structure and accountability, which allows offenders to complete a portion of their sentence in the community. The responsibilities of the Division include supervising domestic, interstate and Intensive Supervision Program (ISP) parolees, CDOC inmates in Community Corrections and ISP-I and apprehension of parole absconders and inmate escapees.

Community Parole Officers supervise and monitor offenders to facilitate successful reintegration, to reinforce pro-social behavior and to assure compliance with conditions of parole as ordered by the Colorado Board of Parole.

Services and requirements for regular parole, ISP parole and ISP inmate populations may include weekly office, home, and employment contacts, educational assistance, and treatment and housing needs. Other important functions may include the monitoring of restitution payments, granting of earned time, updating of needs/risk classification and conducting investigations. Public safety issues may include arrest, filing of new criminal charges, requests to the Board of Parole for modification of conditions of supervision, and parole revocation hearings before the Board. ISP parole also includes enhanced supervision provisions to include the use of Global Positioning System technology, other electronic monitoring technology, daily call-ins and curfews. ISP supervision also includes offenders who remain on “inmate” status, known as ISP-I inmate (Ref. AR 250-01 and 250-22).

Parole oversight is apportioned at 84% of the population for regular parole and 16% for parole ISP. With a domestic parole population of approximately 8,500 parolees in FY 2015, that equates to 7,140 parolees on regular parole and 1,360 parolees on ISP parole. Of the domestic parole population, approximately 40% have substance abuse needs, 14 percent are sex offenders, and 5 percent have a serious mental illness. Additionally, for FY 2015, approximately 1,800 offenders were under community or ISP-Inmate supervision. Of those, approximately 43% have substance abuse needs, 5% are sex offenders, and less than 1% have a serious mental illness.

B. DISCRETIONARY AND MANDATORY PAROLE:

Inmates are paroled from prison to community-based living in one of two ways. The first is Discretionary Parole. The Parole Board reviews the inmate’s case to determine if he/she would be a good risk to be released into the community under the supervision of a Community Parole Officer (CPO). The Parole Board looks at, among other things, the offender’s crime(s), his/her

RFP #2016000209 Page 5 institutional disciplinary record, and the offender’s participation in the programs made available within the institution. If the Parole Board grants parole, this is called Discretionary Parole, in which case the Board also sets out a list of requirements with which the offender must comply in order to remain on parole. These are called Parole Conditions and it is the CPO’s responsibility to monitor and ensure compliance with them.

The second type of parole is called Mandatory Parole. Every inmate sentenced after 1993 will eventually be placed on mandatory parole regardless of whether he/she participated in either Community Corrections or Discretionary Parole prior to release. Mandatory Parole is established in statute and its length is directly related to the level of felony to which the offender was convicted. With Mandatory Parole, the Parole Board still sets out the conditions that the offender will be subject to while being supervised, and the CPO is still responsible for ensuring compliance with the conditions.

C. APPROVED TREATMENT PROVIDER PROGRAM:

Many offenders on parole have substance abuse needs, mental health needs and some have sex offender treatment needs. The Division makes such services available to those offenders with an identified need through the Division’s community-based Approved Treatment Provider (ATP) contract service provider network. The Division’s ATP program identifies and makes available appropriate community resources to meet the needs of offenders who have serious treatment needs; thus enabling CPOs to meet parolee’s Discretionary and Mandatory Parole conditions, and assures that eligible offenders have access to these services regardless of the offender’s location within the state. Treatment services are case managed through the Division’s TASC program. (Ref. AR 250-23)

D. C-WISE:

The Division utilizes the Colorado Web-Based Integrated Support Environment (C-WISE) as a primary supervision tool, record-keeping and authorization system through which parolees and parole services are managed and supervised. C-WISE is an integrated, web-based electronic database specifically utilized to address the Division’s need for a single source of consolidated information that, in conjunction with the C-WISE 24 hour call center, provides multiple methods of data entry and retrieval. This technology increases the effectiveness of the supervision of offenders in the community by the Division and its service contractors, including the statewide electronic alcohol monitoring devices and Interlock contractor whose services are solicited herein. ATP services provided to offenders are currently tracked and invoiced via C-WISE.

(Ref. AR 250-47) Preference will generally be given to proposals that offer to maximize integration of the electronic alcohol monitoring and Interlock services solicited herein within the Division’s C-WISE system.

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SECTION THREE: STATEMENT OF WORK:

A. TARGET POPULATION

The Division’s mission is “To provide public safety by managing offenders transitioning to the community through an array of supervision strategies, interventions, and re-entry services that instill pro-social behaviors that promote successful outcomes.”

The target populations for this RFP are the Department’s offenders in community based Adult Parole and Community Corrections programs (including ISP-I), including offenders with alcohol-related offenses and/or history. It will be the Division’s responsibility to develop the appropriate criteria regarding offender selection for these services. It will be the contractor’s responsibility to work in coordination with Community Parole Officers in order to select the most appropriate offenders to receive the monitoring services.

B. MONITORING SERVICES

Electronic Alcohol Monitoring Devices are devices designed to provide continuous, automated remote alcohol testing and some additionally provide electronic curfew monitor and/or GPS services. While some may involve an ankle bracelet be attached to the offender, others may use facial identification or similar software to verify the offender’s identity.

An ignition interlock device or breath alcohol ignition interlock device (IID and BAIID) is a breathalyzer for an individual's vehicle. It requires the driver to blow into a mouthpiece on the device before starting the vehicle. Ignition interlock device is an effective tool for combating alcohol impaired driving. Ignition Interlock device allows individuals with drinking and driving issues to drive safely and legally. This RFP solicits proposals to provide:

1. Electronic Alcohol Monitoring Devices and services to provide continuous alcohol monitoring for designated offenders. This objective is required.

2. Electronic Alcohol Monitoring Devices that also provide electronic home monitoring and/or GPS monitoring. This dual function capability is optional but desired.

3. Ignition interlock device or breath alcohol ignition interlock device (IID and BAIID) to provide a Breathalyzer for a designated offender’s vehicle.

During FY 16 - 17 (July 2016 through July June 2017) the Division expects to allocate approximately $100,000 for electronic alcohol monitoring services. For the proposed services listed below, it is the Division’s preference that the contractor supplies the appropriate administrative support to track, monitor, report and provide oversight for the appropriations expended on the Division’s behalf. The Division also prefers a cost structure based on a per-offender per-day rate. The Division estimates that this RFP will serve an average daily population of approximately 90-100 offenders.

Note that the Division reserves the right to select multiple providers if doing so better meets the business needs of the Division.

This RFP solicits the following Electronic Alcohol Monitoring and Interlock services:

1. Contractor installation of the monitoring device on offenders and/or offender vehicles within a reasonable timeframe after being notified by the CPO that the service is needed.

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2. Monitoring device should, at a minimum, test the offender once every hour and have a method for ensuring the identity of the person providing the test.

3. The device should have the capability to measure for consumption of alcohol 24 hours a day, 7 days a week.

4. The monitoring system should automatically store and transmit data at pre-determined intervals.

5. The unit/device should provide coverage statewide and data should be able to be transmitted in rural and mountainous areas as well as metropolitan/urban or populated towns. To this end, the device must be able to transmit data or effectively store data until transmission is possible.

6. Electronic alcohol monitoring alerts should interface with the Division’s C-WISE system.

7. The contractor’s per offender/per day fee should encompass the cost associated with any and all damaged or lost equipment. Replacement should take place within a reasonable time frame.

8. The contractor should supply program reports and data required by the Division.

9. The contractor should furnish an annual evaluation of the effectiveness of the contractor’s electronic alcohol monitoring program services to the offender population, including particularly any reduction or impact on recidivism rates.

10. Ignition Interlock Systems (IID and/or BAIID) to provide a Breathalyzer for a designated offender’s vehicle pursuant to statutory requirements 42-2-132.5 CRS.

Proposals that offer a wider range of the solicited services, thereby making it more economical and cost effective for the State, will likely be evaluated more favorably than more limited proposals. Preference will also be given to proposals offering services in communities with high populations of parolees and offender utilization of the Division’s services (however the Division also acknowledges the significant need for these services in rural areas and encourages proposals that include services in rural areas). Preference may also be given to proposals that demonstrate the ability to coordinate existing community/State services, and/or leverage additional local dollars to augment the Division’s appropriated funding.

C. PROGRAM CONTRACT REQUIREMENTS

1. All staff are subject to CDOC approval. Background checks are required to be done on all employees of the Contractor by the Contractor who will be providing services to

CDOC.

2. Contractor will agree to comply with all service reporting requirements and CDOC

Regulations governing the provision of electronic alcohol monitoring.

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3. All “connects” and “disconnects” must be entered into the Department’s C-WISE system.

4. Contractor will agree to enter positive alcohol monitoring results as they occur and a monthly summary of results including negative alcohol monitoring results into C-WISE.

5. Contractor will coordinate service efforts with CDOC CPOs.

6. The Contractor will meet reporting requirements including program cost and revenue reports.

7. The Contractor will respond to any complaint investigations.

8. The Contractor will participate in regularly scheduled contractor meetings.

9. Contractor will need to be fully operational by July 5th, 2017.

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SECTION FOUR: EVALUATION

A. EVALUATION PROCESS:

1. Failure of the bidder to provide any information required in the RFP, or information which is pertinent to the RFP evaluation criteria (see following), may result in unfavorable evaluation or disqualification of the proposal. It is the bidder’s responsibility to assure that the information in its proposal is complete.

2. An evaluation committee will review and judge the merits of the proposals received in accordance with the RFP evaluation criteria. The recommendations of this committee will be forwarded to the CDOC Director of Purchasing for review and approval.

3. The sole objective of the evaluation committee will be to recommend the bidder(s) whose proposal(s) is/are most responsive to the State of Colorado’s needs; cost and other factors duly considered.

4. A minimum score will be established, and if all proposals fall below that score, all may be rejected. If only one proposal is received in response to the RFP, it will still be reviewed and scored. If it meets the minimum score, it will generally be recommended for award.

5. CRS 8-19-104(3) Non-Resident Bidder requires a comparable percentage disadvantage be applied to a proposal from a non-resident bidder based in a State that provides a percentage bidding preference to its resident bidders.

Non-resident State Preferences may be viewed at: www.colorado.gov/spo > Procurement Resources > Reciprocal Preference/Resident Bidder Information.

6. The evaluation committee may seek additional clarifications or modifications to one or more proposal(s) that it deems to be “potentially acceptable”. Such clarifications or modifications may be requested to be presented in writing, or through oral presentations, site visits and/or via other methods by which the bidder(s) can present additional information. Any such action by the committee is optional and is solely at the committee’s discretion; bidders should not anticipate such an opportunity.

7. The proposal(s) receiving the highest final score(s) from the evaluation committee will generally be recommended for award.

B. BIDDER RESPONSE FORMAT: The bidder’s proposal should include the following:

1. Completed Cover Page, RFP Attachment A, MBE/WBE Participation Form, Attachment B, Contract Performance for Services, Attachment C, and Exhibit IC Independent Contractor Status, Attachment F.

2. An introductory letter may be included but is not required.

3. The main text of the proposal should include the bidder’s direct response which has been written specifically for this RFP – refer to evaluation criteria below

4. Supporting information such as references, resumes, established policies and

RFP #2016000209 Page 10 procedures, literature and other materials may be referenced in the bidder’s ‘direct response’ described above, and provided as supplements to the proposal.

C. EVALUATION CRITERIA: The following criteria are identified as that which will be evaluated in order to determine the responsiveness of the proposals received. Bidders are asked to organize and identify the information in their proposals in accordance with the numbered “general” criteria listed. The more specific (lettered) criteria listed after each of the “general” criteria should be addressed in the proposal, but do not need to specifically categorized or identified by section. Conciseness in the ‘direct response’ section of the proposal is generally evaluated favorably. Page limits stated below if any, apply to the ‘direct response’ section of the proposal only.

1. THE BIDDER’S QUALIFICATIONS AND EXPERIENCE –

Response not to exceed 6 pages.

a. General background, organizational information and resources.

b. Qualifications and credentials of proposed staff.

c. Community and/or regional resources, presence and familiarity.

d. Comparable contracts, references, demonstrated performance and/or recognition(s).

e. RFP Selection Five items N, T, X, Y, Z; attachment D

Special Provisions.

f. Registered with the Colorado Secretary of State.

2. THE BIDDER’S ELECTRONIC ALCOHOL MONITORING

PROGRAM SERVICES DESCRIPTION – Response not to exceed 8 pages.

a. Discussion of parolee and community corrections clientele and Electronic Alcohol Monitoring Program objectives.

b. Basic services delivery, description and philosophy.

c. Tangible, innovative, enhanced and/or synergistic services to be provided through or in association with the Electronic Alcohol Monitoring Program services.

d. Proposed reporting, including contract performance and Electronic Alcohol Monitoring Program effectiveness.

e. Familiarity and compliance with CDOC ARs and RFP requirements.

3. THE BIDDER’S PROPOSED COSTS AND BUDGET – Response not to exceed 3 pages.

a. Proposed Electronic Alcohol Monitoring Program 12-month budget.

b. Any proposed unit fees.

c. Any deliverables-based contract costs, and/or performance-based cost incentives/disincentives.

d. Any other funding or resources to supplement the State’s

Electronic Alcohol Monitoring Program funding.

e. Any other cost considerations.

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NOTE: “Estimated” proposal costs in response to this solicitation are not acceptable.

The bidder’s proposed cost(s) will be considered to be the bidder’s “best and final offer” for evaluation purposes. Proposed costs are expected to remain firm and unchanged over the initial contract term through June 30th. The bidder’s proposal should address any potential for requesting price changes over the ensuing contract term.

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SECTION FIVE: PROCUREMENT AND CONTRACTING INFORMATION:

A. PURPOSE: This Request For Proposal is intended to provide sufficient information to enable prospective bidders to prepare and submit proposals for consideration by the Colorado Department of Corrections, for the purpose of selecting the most qualified contractor(s) to complete the goals of the RFP. The State of Colorado invites any interested and qualified prospective bidders to submit a proposal in response to this RFP, in accordance with the requirements stated herein.

B. SCOPE: This RFP is intended to explain the State’s needs, identify any mandatory requirements which must be met in order to be eligible for consideration, identify other non-mandatory preferences and considerations, provide guidance regarding how the proposal is to be submitted, and explain the evaluation and award process.

C. CONTRACT TERM:

1. The State’s fiscal year period runs from July 1 st to June 30 th . Any contract awarded as a result of this RFP is expected to be in the form of a multi-year contract, with options to renew for each additional fiscal year period, up to a maximum total period of up to sixty

(60) months. The contract will include a clause which enables the State to terminate with 30 days written notice, without showing cause. Annual renewals for each new State fiscal year period will be in the form of a State Option Letter form. Said form will include the financial encumbrance amount for the ensuing 12-month fiscal year. The contract starting date is projected to be July 1, 2016; the contract ending date will be no later than 60 months from the actual contract starting date.

2. The contract will not constitute a multiple fiscal year direct or indirect debt or other financial obligation of the State, or obligate the State to make any payments beyond those appropriated for any fiscal year in which the contract is in effect. The State may choose to terminate its obligations under the contract at any time.

3. In the event that the Department of Corrections desires to continue the services and a replacement contract has not been fully executed by the ending term date of the contract, the contract may then be extended unilaterally by the State for a period of up to two (2) months upon written notice to the Contractor under the same terms and conditions of the original contract including, but not limited to prices, rates, and service delivery requirements. However, this extension terminates when the replacement contract becomes effective when signed by the State Controller or an authorized delegate.

D. MODIFICATION AND WITHDRAWALS: Proposals may be modified or withdrawn by the bidder prior to the established due date and time.

E. ADDENDUMS OR MODIFICATIONS TO THE RFP: In the event that it becomes necessary to supplement or revise any part of this RFP, such information will be provided in writing in the form of one or more ”modifications” to the RFP, as published under the original solicitation number, on the Colorado BIDS web site. It is the bidder’s responsibility to monitor the BIDS solicitation notice for any modifications to the RFP during the solicitation period. Bidders should not rely on any verbal statements which alter the RFP.

F. ORAL PRESENTATIONS/SITE VISITS: If deemed to be beneficial to the CDOC, bidders may be asked to make oral presentations or to make their facilities available for a site inspection by the evaluation committee, at no cost to the CDOC.

G. ACCEPTANCE OF RFP TERMS: A proposal submitted in response to this RFP shall constitute a

RFP #2016000209 Page 13 binding offer. Acknowledgment of this condition shall be indicated by the autographic signature of the bidder or an officer of the bidder legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the bidder of all terms and conditions, as set forth herein. The bidder shall identify clearly and thoroughly any variations between its proposal and the State’s RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as may be outlined or specified in the RFP.

H. PROTESTED SOLICITATIONS AND AWARDS: Any actual or prospective bidder or Contractor who is aggrieved in connection with the solicitation or subsequent award of a contract may protest to the CDOC/Purchasing Director. The protest shall be submitted in writing within seven working days after such aggrieved person knows, or should have known, of the facts giving rise thereto (emphasis added). Ref. Section 24-109, 101 et. seq., C.R.S., as amended;

Section R-24-109-201 et. seq., C.R.S. as amended; Section R-24-109-101 through R-24-109- 206, Colorado Procurement Rules. With regard to the emphasized language above, it is important for bidders to note that a challenge to the solicitation’s requirements or specifications shall be made within 7 days of when the object of the protest is known. The requirement for timely submission of any protest will 7 days beginning on the first working day following the State’s Notice of Intent to Award (see item K following).

I. CONFIDENTIAL/PROPRIETARY INFORMATION: Upon publication of the Notice of Intent to

Make an Award, the procurement file for this solicitation, including the bidders’ proposals, shall be available for public inspection in accordance with the State’s Public (Open) Records Act (see Section 24-72-204 et. seq., C.R.S., as amended). Any request by the bidder to restrict the use or public inspection of any material included with the bidder’s proposal must be made as follows:

1. The materials for which confidentiality (denial or restrictions to use or inspection) is requested shall be separated from the balance of the proposal, and shall be clearly identified as “confidential”. Co-mingling of confidential/proprietary and other information is NOT acceptable, and will be the basis for a determination of non-confidentiality.

2. For any such materials for which confidentiality is requested, a confidentiality request letter must be submitted prior to the proposal due date/time and under separate cover [R- 24-103-202b-08(c)]. Said letter will provide an explanation of why the materials should be considered to be confidential and/or proprietary, specifically in accordance with CRS 24-72-204 (3) (IV), and/or other statutory basis. To support the confidentiality request, the letter may also cite and provide evidence of the bidder’s own efforts to restrict access to the materials in question, in the course of the bidder’s own operations.

3. Documents such as an entity’s internal operational procedures, training and/or sales materials, policies and procedures, organizational charts and key personnel resumes (but not including personnel files) are generally not believed to be within the intended context of CRS 24-72-204.

4. Any information that will be included in any resulting State contract cannot be considered confidential, including but not limited to contract pricing information.

In the event that the Purchasing Agent does not agree to the request for non-disclosure of materials designated as confidential by the bidder, the Purchasing Agent will inform the bidder accordingly in writing. (See Section 24-72-204 et. seq., C.R.S., as amended, the State Public (Open) Records Act.)

J. RFP RESPONSE MATERIAL OWNERSHIP: The State of Colorado has the right to retain the original proposal and other RFP response materials for its files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. Proposal materials may be reviewed by any person after the “Notice of Intent to Make an Award” letter(s) has/have been issued, subject to the terms of Section 24-72-201 et seq., C.R.S., as amended, Public (Open)

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Records. The State of Colorado has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in the clause, Proprietary/Confidential Information.

The bidder expressly agrees that the State may use the materials for all lawful State purposes, including the right to reproduce copies of the material submitted for evaluation purposes or for dissemination within the State Executive Branch, and to make the information available to the public in accordance with the provisions of the Public (Open) Records Act.

K. NOTICE OF INTENT TO AWARD: The CDOC Purchasing Office, after approval of the evaluation committee’s written award recommendation/s, will notify all bidders of the results of the RFP evaluation by publishing a solicitation award notice on the State ‘VSS’ web site, and/or via email.

Either such Notice shall constitute the State’s “Notice of Intent to Make an Award” and will name the successful bidder/s.

L. CONTRACTING PROCESS: The contents of the successful bidder’s proposal (including the services of any specific persons identified in the proposal) will become contractual obligations if acquisition action ensues. A State contract must be finalized and signed by both parties on a timely basis. The State may elect to cancel its original “Notice of Intent to Make an Award”, and may award to the next most responsive bidder, if in the State’s judgment:

• the successful bidder fails to accept the obligations in its proposal in a State contract, or

• the parties are otherwise unable to enter into a contract on a timely basis.

In accordance with CRS 24-103.5-101 et seq, each Personal Services contract with a value of over $100,000 shall contain:

• Performance measures and standards developed specifically for the contract by the governmental body administering the contract. The performance measures and standards shall be negotiated by the governmental body and the vendor prior to execution of the contract and shall be incorporated into the contract. The measures and standards shall be used by the governmental body to evaluate the performance of the governmental body and the vendor under the contract;

• An accountability section that requires the vendor to report regularly on achievement of the performance measures and standards specified in the contract and that allows the governmental body to withhold payment until successful completion of all or part of the contract and the achievement of established performance standards. The accountability section shall include a requirement that payment by the governmental body to the vendor shall be made without delay upon successful completion of all or any part of the contract in accordance with the payment schedule specified in the contract or as otherwise agreed upon by the parties;

• Monitoring requirements that specify how the governmental body and the vendor will evaluate each others' performance, including progress reports, site visits, inspections, and reviews of performance data. The governmental body shall use one or more monitoring processes to ensure that the results, objectives, and obligations of the contract are met; and

• Methods and mechanisms to resolve any situation in which the governmental body's monitoring assessment determines noncompliance, including termination of the contract.

M. STATE CONTRACT PROVISIONS: The State of Colorado will incorporate its Special Provisions

(Attachment “E”) into any State contract resulting from this RFP. Said contract provisions are expressly included in the terms and conditions of this solicitation.

N. NON-COLORADO CONTRACTORS: Non-Colorado based entities, including but not limited to corporations, LLCs, partnerships, and persons doing business under another name, must be

RFP #2016000209 Page 15 registered with the Colorado Secretary of State in order to enter into a contract with the State.

The Contractor will certify that, if a foreign (non-Colorado) corporation or entity, it currently has a

Certificate of Authority to do business in Colorado issued by the Colorado Secretary of State designating a registered agent in Colorado to accept service of process.

O. RFP CANCELLATION: The State reserves the right to cancel this Request for Proposal at any time, without penalty.

P. STATE OWNERSHIP OF CONTRACT PRODUCTS/SERVICES: All products and/or services produced as a result of any contract arising from this RFP will be the sole property of the State of Colorado, except as may otherwise be specified in the bidder’s proposal and accepted by the State.

Q. INCURRING COSTS: The State of Colorado is not liable for any cost incurred by the bidder prior to issuance of a legally executed contract, purchase order or other authorized acquisition document. No property interest, of any nature, shall occur until a contract is finalized and signed by all concerned parties.

R. MINORITY-OWNED/WOMAN-OWNED BUSINESS ENTERPRISE PARTICIPATION: It is the

State’s intent to achieve the goals of the Governor’s Executive Orders D0055-87 and D0005-94 regarding minority-owned/woman-owned businesses. Such vendors are highly encouraged to submit a proposal; however, there is no award preference per se at this time.

S. SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES: HB14-1224/CRS 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 who are officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Department of Veterans Affairs. (www.vip.vetbiz.gov). In accordance with DPA guidance, in the event that two or more comparable proposals are received, preference may be given to a proposal from a qualifying, responsive, responsible SDVOSB bidder. The bidder must claim and substantiate the subject preference in the proposal.

T. ACCEPTANCE/REJECTION OF PROPOSALS: The State of Colorado reserves the right to reject any or all proposals, and to waive minor formalities and/or irregularities in the proposals received, and to accept any portion of a proposal or its entirety, if deemed to be in the best interest of the State of Colorado.

U. PARENT COMPANY: If a bidder is owned or controlled by a parent company, the name, main office address, and parent company’s tax identification number shall be provided in the proposal.

The tax identification number provided must be that of the bidder responding to the RFP.

V. NEWS RELEASES: News releases pertaining to award of this RFP prior to execution of the State contract, are prohibited without prior written approval by the State.

W. CONTRACT CANCELLATION: The State reserves the right to cancel, for cause, any contract resulting from this RFP by providing timely written notice to the Contractor.

X. NON-COLLUSION: The bidder affirms, by signing the RFP Cover Page Document, that its proposed prices and terms have been arrived at independently without collusion, consultation, or communication with any other bidder or competitor; and that said proposed prices and terms were not disclosed by the bidder and were not knowingly discussed prior to the proposal submission, directly or indirectly, with any other bidder or to any competitor; and no attempt was

RFP #2016000209 Page 16 made by the bidder to influence any other person, partnership, or corporation for the purpose of restricting competition.

Y. INSURANCE:

1. Following are the standard insurance requirements of the State of Colorado. Bidders able to provide certification of compliance with the following insurance requirements, and who agree to maintain such coverage at all times during the term of the purchase order or contract, shall be considered to be acceptable with regard to insurance coverage for the purposes of this solicitation. Bidders with lesser amounts of insurance coverage may or may not be considered to be eligible for award of this solicitation, depending upon a number of factors, including potential risk to the State and competitive considerations.

(a) 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.

(b) Commercial General Liability Insurance written on ISO occurrence form GC

0001 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:

(1) $1,000,000 each occurrence;

(2) $1,000,000 general aggregate;

(3) $1,000,000 products and completed operations aggregate; and

(4) $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.

(c) 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.

(d) Professional Liability Insurance (if applicable) with minimum limits of liability of not less than $1,000,000.

2. The State of Colorado shall be named as an 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, CGT 2037, or equivalent). Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado.

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

4. 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

RFP #2016000209 Page 17 waive all rights of recovery, under subrogation or otherwise, against the State of

Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.

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

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

7. 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.

Z. HIPAA BUSINESS ASSOCIATE PLACEHOLDER PROVISION:

1. Contractor may receive or create certain health or medical information ("Protected Health Information" or "PHI," as defined below) in connection with the performance of this Contract. This PHI is subject to protection under state and federal law, including the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA") and regulations, as amended, promulgated therein by the U.S. Department of Health and Human Services (the "Regulations"). Unless otherwise defined herein, all capitalized terms shall have the meaning given to them under HIPAA and its implementing Regulations, as may be amended from time-to-time.

2. The State may be a "Covered Entity" under the Regulations, and Contractor's receipt or creation of PHI from or on behalf of the State in connection with this Contract means that Contractor may be a "Business Associate" of the State under the Regulations.

Contractor represents and warrants that it has in place policies and procedures that will adequately safeguard any PHI it receives or creates, and Contractor specifically agrees, on behalf of its subcontractors and agents, to safeguard and protect the confidentiality of PHI consistent with applicable law, including currently effective provisions of HIPAA and the Regulations.

3. The parties acknowledge that state and federal laws relating to electronic data security and privacy for PHI are rapidly evolving and that modification of this Contract may be required to provide for procedures to insure compliance with such developments.

Contractor specifically agrees that such compliance is within the scope of this contract and is a cost of doing Contractor’s business. The parties specifically agree that they will take such action as is necessary to implement the requirements of HIPAA, the Regulations, and other applicable laws relating to the security or confidentiality of PHI by any compliance date that may be established therein. The parties understand and agree that the State must receive satisfactory written assurance from Contractor that it will adequately safeguard all PHI that it receives from the State or that it creates or receives on behalf of the State. Upon the State's written request, Contractor agrees promptly to

RFP #2016000209 Page 18 contract embodying written assurances consistent with the requirements of HIPAA and the Regulations.

4. Notwithstanding any other provision of this Contract, the State may, in its sole discretion, terminate this Contract upon thirty (30) days' notice in the event: (a) Contractor does not promptly enter into negotiations to modify this Contract when requested by the State; or

(b) Contractor does not execute and deliver to the State an addendum to this Contract providing assurances and other covenants regarding the safeguarding of PHI that the State, in its sole judgment, deems reasonably necessary or appropriate to meet the requirements and standards of HIPAA and the Regulations (“HIPAA Addendum”).

5. In the event the parties cannot agree on the terms of the required HIPAA Addendum within a reasonable period, but in any event not less than ninety (90) days prior to the applicable compliance dates, the State reserves the right, in lieu of terminating the Contract, to unilaterally change this Contract to include such reasonable HIPAA Addendum terms and conditions as are acceptable to the State. Contractor agrees that such unilateral change will not invalidate this Contract, and that Contractor shall not be entitled to any additional compensation from the State in order to comply with applicable provisions of HIPAA, the Regulations, or any HIPAA Addendum.

6. Notwithstanding any other provision of this Contract, the State may immediately terminate this Contract in the event: (a) Contractor, or any of its subcontractors or agents, uses or discloses PHI in a manner that is not authorized by the State or by applicable law; (b) Contractor breaches any of the provisions of this section; or (c) Contractor or any of its subcontractors or agents engages in any other act or omission that is contrary to the obligations of a Business Associate or Covered Entity under any currently effective applicable provision of HIPAA or the Regulations, or that otherwise prevents either party from meeting the requirements of HIPAA, the HIPAA Regulations or other applicable law concerning the security or confidentiality of PHI.

7. Upon termination of this Contract for any reason, Contractor shall return or destroy all

PHI received from the State (or created or received by Contractor on behalf of the State) that Contractor still maintains in any from and shall retain no copies of such PHI. If return or destruction is not feasible, Contractor shall notify the State, continue to extend the protections of this agreement and applicable law to such information and limit further use of such PHI to those purposes that make the return or destruction of PHI infeasible.

8. For purposes of this section, "Protected Health Information" means any information, whether oral or recorded in any form or medium: (a) that relates to the past, present or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual; and (b) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be use to identify the individual.

9. This section shall be interpreted in a manner consistent with HIPAA, the Regulations and other state or federal laws applicable to PHI. Nothing in this section is intended to create any third party rights or third party beneficiary status. In the event of any conflict or inconsistency between the terms and conditions of this section on HIPAA Compliance and any other provision of this Contract (with the exception of the Colorado Special Provisions), the terms and conditions of this section shall control.

AA. INDEPENDENT CONTRACTORS/PERA RETIREES

1. Independent Contractor Status: In the event a contractor is a sole proprietor or the ‘legal-

RFP #2016000209 Page 19 entity equivalent thereof’, it must affirm its independent contractor status prior to work commencing. Regardless of dollar amount, the contractor will be required to sign and provide to the State the Exhibit IC - Independent Contractor Status (RFP Attachment

F). The form must be included as an attachment to the contract or purchase order, whichever is executed for the services.

2. Independent Contractors/workers Receiving PERA Benefits: The 2010 Colorado General

Assembly changed the terms governing employment of those persons who are actively receiving retirement benefits from the Colorado Public Employees Retirement Association (PERA).