RFP 2017-0010 Design-Build Navajo Mooring Ball addendum2.pdf

REQUEST FOR PROPOSAL

RFP PMAA 2017*0010

Navajo State Park – Marina Mooring System Repair Design-Build Project

1.0 OVERVIEW

1.1 Issuing Office

This Request for Proposals (RFP) is issued by the State of Colorado, Department of Natural Resources, on behalf of the Division Division Name(Division Initials). All contact regarding this solicitation is to be directed to:

Robert T Mitchell Department of Natural Resources Purchasing Office 1313 Sherman #423 Denver, CO 80203

(303) 866-3292 X8631 Fax: (303) 866-5575 Email: robert.mitchell@state.co.us

1.2 Purpose

The purpose of this RFP is to obtain competitive proposals from qualified individuals and firms to Summary project scope

This RFP provides prospective proposers with sufficient information to enable them to prepare and submit proposals for consideration by the Department of Natural Resources to satisfy the needs as outlined in the scope of work.

1.3 Schedule of Activities:

Activity Date Time RFP posted on the Colorado VSS 12/9/2016 Pre-Bid Meeting December 14, 2016 1:00 p.m.

Inquiry deadline for written questions December 23rd

16:00 Answers posted on Colorado VSS December 29, 2016 4:00 p.m.

Submission deadline January 18, 2017 4:00 p.m.

Evaluation of Proposals January 23-27, 2017 Project Award (estimate) February 03, 2017 Project start date March 1, 2017

1.4 Submission

All proposals must be received by the Purchasing Office, Department of Natural Resources, Purchasing, 1313 Sherman #423, Denver, CO 80203 no later than the date and time shown in the Schedule of Activities, Submission Deadline. Hard copy submittals and submittals via the Colorado Vendor Self-Service System (VSS) will be accepted. See Section 4.0 Submittal for details. It is the responsibility of the proposer to ensure that the proposal is received in the Procurement Office prior to the deadline. Consultants mailing proposals should allow ample mail delivery time to ensure timely receipt of their proposals. Proposals received after the above date and time will not be considered!

mailto:robert.mitchell@state.co.us

Proposals must be sealed and clearly identified as a proposal for the DNR RFP PMAA 2017*0010# and shall show such information on the outside of the proposal packet.

Proposals will not be accepted electronically or by facsimile transmittal.

A responsive proposal must include the items outlined in section 4.0 Submittal.

1.5 Pre-Bid Meeting and Inquiries

A Pre-Bid Meeting will be held on December 14, 2016 at 1:00 p.m. at the Navajo State Park marina. Navajo State Park is located at 1526 County Road 982, Arboles, CO 81121, in Archuleta County.

See the attached map.

Prospective proposers may make written inquiries concerning the RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time specified in the Schedule of Activities, “Inquiry deadline for written questions”. Questions must be submitted in writing via email as an attachment that can be opened by Microsoft Word 2007. Please use the bid number in the subject line of your email and include your name, company name, address and contact information. Send questions to:

Robert Mitchell, Purchasing Agent Email address Robert.mitchell@state.co.us

An amendment will be posted on the Colorado Vendor Self-Service System, see 1.7, below.

The amendment will respond to all questions submitted regarding the RFP.

1.6 Amendments to Request for Proposals

In the event it should be necessary to revise any portion of this Request for Proposals, an amendment will be posted on the Colorado Vendor Self-Service System website (see 1.7 below).

1.7 Colorado Vendor Self-Service System Website

This solicitation is published using the Colorado Vender Self-Service System on the internet.

Solicitation documents and information (including any amendments or modifications) will be updated with revisions on this site. Go to the Colorado VSS System at:

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

Vendors can self register for this system free of charge, or click on Public Access in order to view documents and modifications without registering. Vendors are encouraged to register prior to, or at the time they submit their Proposal.

1.8 Evaluation Process and Award

Proposals will be evaluated and award made as outlined in section 5.0 Evaluation and Award

1.9 Attachments

The following attachments are included as part of the Request for Proposal:

• Site Location Map and Drawings o Location Map (one page) o Marina Mooring Grid Site Map (one page) mailto:Robert.mitchell@state.co.us https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService o Original Marina Mooring Grid Layout (one page) o Example Mooring Grid Configuration – Used in Mooring Cove (one page)

• RFP Form, Page 13

• General Requirements and Covenants for Capital Construction (2003) (GRCs) published by the Division of Wildlife

• Model Contract and Colorado Special Provisions

2.0 CONTRACT INFORMATION

2.1 Contract and General Requirements and Covenants for Capital Construction. The successful proposer(s), hereafter called Contractor, will be required to enter into a formal contract with DNR. The contract will incorporate this RFP, published addenda and the response of the successful proposer(s) and will include all contract documents referenced in section 1.9 of the General Requirements and Covenants for Capital Construction (2003) (GRCs) published by the Division of Wildlife. A PDF version of the GRC’s is available online under the attachments section for the RFP.

Single Contract. DNR will enter into a single contract. Any partnerships between firms specializing must be managed in a Prime Contractor / Subcontractor approach. All references to “proposer” or “contractor” or “offeror” throughout this RFP document shall be interpreted to mean the prime responding vendor, except where specifically noted otherwise. Any/all forms signed and submitted by this so defined prime shall be interpreted as acknowledgement of terms and conditions and assumed responsibilities on behalf of all partnered entities (if applicable). The selected contractor will be required to assume responsibility for all goods and services offered in its proposal, and DNR will consider the selected contractor to be the sole point of contact with regard to all contractual matters and responsibilities. The selected contractor must gain prior written approval from DNR for any changes to subcontractors, subsequent to proposal submission.

2.2 Project Duration

Time is of the essence in the performance of the contract, and work shall begin under the Contract within 10 days from date of "Notice to Proceed". Contractor agrees to proceed with due diligence, completing all specified work within 90 days from said date unless additional time shall be allowed by the State through the issuance of a Contract Modification Agreement(s) or other methods as described in the General Requirements and Covenants for Capital Construction.

2.3 Performance Bond

A Performance Bond and a Labor and materials Payment Bond are required as outlined in section 3.5 on page 17 of the General Requirements and Covenants for Capital Construction (2003) published by the Division of Wildlife and in this Section 2.3. Bonds are required for the dollar value of construction only.

2.4 Measurement and Payment

Measurement and payment for the project will be based on specific tasks and items outlined in the formal contract. In general, tasks will follow the Scope of Services listed in Section 3 with design services paid according to hours expended with a not-to-exceed amount and construction services paid by “bid schedule” item.

2.5 Insurance Requirements

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

B. 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.

C. Commercial General Liability Insurance written on ISO occurrence form CG 00 01

10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

i. $1,000,000 each occurrence;

ii. $1,000,000 general aggregate;

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

iv. $50,000 any one fire.

v. 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.

D. 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.

E. Professional liability insurance with minimum limits of liability of not less than

$500,000.

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

Liability and Automobile Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado.

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

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

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

J. Builder’s Risk Insurance. The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s risk “all-risk” or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or the Date of Notice specified on the Notice of Acceptance, or whichever is later.

2.6 Performance Outside the State of Colorado and/or the United States

[Not applicable if Contract Funds include any federal funds] Following the Effective Date, Contractor shall provide written notice to the State, in accordance with §16 (Notices and Representatives), within 20 days of the earlier to occur of Contractor’s decision to perform, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this §8.C shall be posted on the Colorado Department of Personnel & Administration’s website. Knowing failure by Contractor to provide notice to the State under this §8.C shall constitute a material breach of this Contract.

2.7 Contractor Evaluation

Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24- 102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system.

Contractor’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor’s performance shall be part of the normal contract administration process and Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor’s obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress.

Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Natural Resources, Colorado Parks and Wildife, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause.

2.8 The undersigned is subject to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title ii OF THE Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and offers all persons the opportunity to participate in programs or activities regardless of race, color, national origin, age, sex, or disability. Further, it is agreed that no individual will be turned away from or otherwise denied access to or benefit from any program or activity that is directly associated with a program of the recipient on the basis of race, color, national origin, age, sex (in education activities) or disability.

3.0 SCOPE OF WORK

3.1 Objective

The Design-Build project will provide for the inspection, design, repair and/or replace of existing Buoy/Mooring System components contained in the marina area of Navajo State Park.

3.2 Project Overview

The contracted firm will perform the first phase of the project by inspecting the condition of the existing marina mooring system utilizing underwater diving as necessary. The next phase(s) of the project will be proposing recommended repairs to the existing system, providing cost estimates for the repair work, providing proposed product specifications and details where necessary, and completing the repair work once evaluated and approved by CPW personnel.

3.3 Location

The project is located at Navajo State Park, Arboles, CO.

3.4 General Requirements

The General Requirements and Covenants for Capital Construction (2003) published by the Division of Wildlife shall be used and made a part of this RFP and resulting contract.

3.5 Scope Of Services

3.5.1 Inspection Plan

Provide plan showing components/equipment to be inspected Identify components that need removal, repair, and/or replacement Identify how and where removed materials shall be disposed of

3.5.2 Design Services:

Provide cost estimate for repair/and or replacement of components Provide design drawings and specifications for components to be repaired/replaced Provide submittals for review for all equipment and materials to be installed

3.5.3 Construction Services:

Provide equipment, materials and personnel for the removal and disposal of the necessary existing mooring system components and for the installation of the new mooring system components. Site clean-up and final inspection.

3.5.4 The attached drawings give a general view of project location and infrastructure. The contracted firm will be responsible for any construction drawings/details.

3.6 CPW Inspection/Approval Items

The following items require approval by Colorado Parks and Wildlife:

3.7.1 Approval of the extents and overall cost of the repair/replacement work.

3.7.2 Approval of final design drawings and specifications, including method and procedure.

3.7.3 The Colorado Parks and Wildlife Project Manager will be on site periodically to monitor construction activities. The Contractor will coordinate with the Project Manager to ensure approval of essential inspection items.

4.0 SUBMITTAL

4.1 Proposal Format

This section describes the information that must be furnished by the proposer and the prescribed format in which it must be presented. The Department of Natural Resources Requests that proposals be submitted that:

• Fully address the subject item. The description may be in narrative or outline format.

Be as concise as you can while discussing the items fully.

• Include a response that addresses the Scope of Work as presented in this RFP.

• Reference and attach any supporting documents that help describe or contribute to an item. Reference to technical literature can be given in support, but not in place of, a written answer.

• Assembles into a package that can be readily reviewed.

• Include recycled paper as much as possible and are printed on 8 ½ by 11” paper.

• Are bound to facilitate filing; three-ring binders and bulky submittals are not permitted.

• Include (1) original and ## (Number) copies of your proposal, along with an electronic copy of your proposal in Word 2003 or 2007 on a disk. Proposers submitting using VSS must attach their proposal. Please be aware that the maximum attachment size for VSS documents is 2MB.

• Proposals not submitted using Colorado VSS must be delivered “sealed” with RFP Number, and Opening Date and Time on outside of envelope. Be advised that telegraphic or electronic proposals cannot be accepted.

4.2 Proposal Form/Additional Submittal Items

a) The completed and signed RFP Submittal Cover Sheet MUST accompany proposals submitted. The RFP form must be manually signed in ink. All bid submittal items in section 4.0 must be included or the bid will be disqualified. In case of error in the extension of price, the unit price shall govern. The prices indicated in the submittal and included in the Contract Documents shall include the cost of all labor and materials, equipment and services, and all other expenses necessary for the completion of the work.

Alternate bids will not be accepted. The RFP form must be signed as follows:

i. If the Bidder is a corporation: The bid must be signed by an officer (President or

Vice President), and the title indicated. The signature of the officer shall be attested to by the Secretary and properly sealed. Include the corporations Federal Employer ID Number in the "Tax ID" blank.

ii. If the Bidder is a proprietorship: The Owner must sign the bid and print or type his name, the business name and social security number.

iii. If the Bidder is a partnership: The majority or general partner must sign the bid.

The same person must sign the contract, if awarded. Also include the company name and tax ID Number.

b) Bid Bond –A Bond, Certified Check or Cashier’s Check Only is required with all proposals, per section 2.8 of the General Requirements and Covenants for Capital Construction (2003) published by the Division of Wildlife. A bid guarantee in an amount not less than five percent (5%) of the total bid price must be submitted in the form of a firm commitment, such as a bid bond, bank money order, certified check or cashier's check. Checks or money orders should be made payable to the Treasurer, State of Colorado. If a bid bond is submitted, the State form shall be used. An irrevocable letter of credit is not acceptable as a bid guarantee. Bid guarantees, other than bid bonds, will be returned (a) to unsuccessful bidders as soon as practicable after the opening of bids, and (b) to the successful bidder upon execution of such further contractual documents and bonds (including any necessary coinsurance or reinsurance agreements) as may be required by the bid as accepted.

c) The proposing firm must be registered on the Secretary of State’s website in good standing at the time the solicitation is due.

d) Please specify if any work under the contract will take place outside of Colorado or the United States.

e) Resident Bidder Preference. When a contract is to be awarded to a bidder, a resident bidder shall be allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident.

f) Service Disabled Veteran Owned Small Businesses (SDVOSBs). SDVOSBs, who are incorporated or organized in Colorado or 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), may receive a 5% preference on their bid. This preference applies only to the price, and the SDVOSBs must still meet all other qualifications required in the bid.

SDVOSBs claiming this preference shall submit documentation of SDVOSB certification Issued through the U.S. Department of Veterans Affairs in their response to the solicitation. Bid submissions without this documentation will not be given a preference.

4.3 Qualifications and Experience

Provide qualifications and experience for both the design and construction aspects of the work. Include specific personnel qualifications where appropriate and known personnel will be working on this project. Outline similar projects and work, include location and time (year) of construction. List relevant projects of partner firms (i.e. for lead remediation and testing and construction). The selected firm will be required to provide references before final award.

4.4 Scope of Engineering Services

Outline your criteria, objectives and methods for inspecting the existing marina mooring system.

4.5 Scope of Construction Services

Outline your criteria, objectives and methods: assessment of existing system, repair/ replacement procedures and methods, and construction.

4.6 Schedule

Provide a proposed work schedule for the project duration specified in section 2.2.

4.7 Price

The attached “Sample List of Project Cost Items” is meant as a starting point. Proposers should submit the items listed below in 4.7.1 through 4.7.4 in a format that outlines all project costs and will allow for the ease of review by the DOW evaluation committee.

4.8.1 Provide a listing of hourly billing rates for engineering services for all possible personnel.

4.8.2 Complete a spreadsheet of engineering service costs by estimating the hours and personnel for tasks involved.

4.8.3 Complete a spreadsheet of construction service costs by providing and costing “bid schedule” items required.

4.8.4 Provide a total estimate of complete project cost on the Bid Schedule:

Navajo State Park – Marina Mooring System Repair

Sample Listing of Project Cost Items

Item Task Unit Labor

Reimbursable

Equipment

Total Cost

Inspection/Evaluation 1 Research Existing

Data/Info hours

2 Inspect Existing Marina Mooring system hours

3 Prepare Repair Recommendations, Drawings, Assembly Details, and Product Specifications hours

4 Prepare Cost Estimate for Repair Work and Unit Costs for Component Repair/Replacement Where Applicable hours

Construction:

5 Mobilization -

Demobilization L.S.

6 Removal and Disposal of Existing System Components

L.S. or Each

7 Repair of Existing Components

Each

8 Installation of New Replacement Components

Each

5.0 EVALUATION AND AWARD

5.1 Evaluation Process and Award

The Evaluation Committee shall review and score each of the proposals based on the criteria listed below. All proposals will receive fair and equal treatment. Based upon the ranking of the proposals after the initial review, the highest-ranked proposers may be asked to make an oral presentation of their proposals. A combined score based on the written proposal and oral presentation shall serve to determine the top-ranked proposal, however, the presentations will receive a separate evaluation score based on the criteria below. The state reserves the right to check references at any stage of the evaluation.

Offerors should not assume that they will have an opportunity for oral presentations or revisions of proposals, so they should submit their most favorable proposals as their initial proposal. If award is not made on receipt of initial proposals, offerors in the competitive range (those most responsive to the requirements and reasonably susceptible of being selected for award) will be provided an opportunity to make an oral presentation. The competitive range determination will be based on the written proposals, so offerors are cautioned to insure that their proposals adequately convey the soundness of their approach and understanding of the requirements.

The proposal that results in the best value to the State of Colorado shall be recommended by the Evaluation Committee to the Procurement Office for contract award.

While a numerical evaluation method may be used as an aid to evaluation, the selection ultimately is a business judgment that will reflect an integrated assessment of the relative merits of proposals and presentations, (if applicable) using the factors identified below. The State reserves the right to reject any (or all) proposals that pose, in the judgment of the State, unacceptable risks of unsuccessful or untimely performance, unacceptable State resources requirements, or costs exceeding the budget constraints.

5.2 Proposal Form/VSS Registration/Location of project work/Bidder Preferences The proposal for, VSS Registration, good standing status with the Colorado Secretary of State, and the location of project work are required, but will not be scored. Any submittals regarding bidder preferences outlined under 4.2 d), e) and f)/4.2 d) and e) will be evaluated and applied as appropriate.

5.3 Qualifications and Experience

Qualifications and experience of personnel and partner firms will be considered based on the breadth and depth and similarity of project experience.

5.4 Scope of Engineering Services

Scope of services for engineering work shall be evaluated based on detailed and completeness, as well as for the logical sequencing of tasks.

5.5 Scope of Construction Services

Scope of Construction Services shall be scored based on the detail and completeness with and the logical sequencing of tasks. Method of proposed construction will be a consideration.

5.7 Schedule

The schedule will be evaluated based on the logic of work items and the committee’s opinion of the likelihood of completing the project within the timeframe specified in section 2.2.

5.8 Price

Hourly rates and unit pricing, as well as the total job cost will be compared. The evaluation committee will consider the value to the State.

SECTION 6.0 ADMINISTRATIVE INFORMATION

6.1 Proposal Submission

All proposals must be received by the Department of Natural Resources, Purchasing Office, no later than the date and time shown in the Schedule of Activities, Proposal Submission Deadline. Each proposal package shall consist of the items outlined in Section 4.0 – Submittal of this RFP.

A complete proposal package including all elements of the proposer’s response as delineated above MUST be submitted and received by the stated deadline.

It is the sole responsibility of the proposer to ensure that its complete proposal package is received in the Contract and procurement Office prior to the deadline. Proposers mailing their documents should allow ample mail delivery time to ensure timely receipt of their proposals. PROPOSALS RECEIVED AFTER THE DATE AND TIME STATED IN THE SCHEDULE OF

ACTIVITIES WILL NOT BE CONSIDERED.

Proposals must be clearly identified as a proposal in response this request for proposals, identified by the RFP number, and must show such information on the OUTSIDE of the proposal packet(s). Proposals will not be accepted by facsimile transmittal. All materials submitted shall become the property of DNR and will not be returned unless the RFP solicitation is cancelled prior to the submittal due date, in which case such proposals will be returned unopened, or opened only for identification purposes.

Proposers are advised of DNR’s desire that proposals prepared in response to this RFP be submitted on recycled paper, and that all copies be printed on both sides of paper. While the appearance of proposals is important, and professionalism in proposal presentation should not be neglected, the use of non-recyclable or non-recycled glossy materials is discouraged. In addition, it is requested that proposals be in flat bound form to facilitate filing.

6.2 Amendments to RFP

In the event it should be necessary to revise any portion of this RFP, addenda such as response to written inquiries received by the stated deadline, will be published on the State VSS System at the Internet site, https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService . Proposer MUST acknowledge any/all amendments to this RFP on the cover page of the RFP with signature by a person authorized to bind the proposer. It is the proposer’s sole responsibility to monitor and access the State VSS System for any amendments and to acknowledge and/or comply with all such published addenda as specifically instructed. Failure to acknowledge all amendments as instructed in each/all such addenda may cause rejection of the entire proposal as non-responsive.

6.3 Proposer/Vendor Registration

Proposer registration (Colorado VSS) MUST be current and activated at the time and date of the Submission Deadline, specific to this RFP, and as noted on the Colorado VSS webpage.

Proposer registration status is based on the Proposers’ Federal Employer Tax ID Number https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService

(FEIN), as provided by the Proposer, on the Request for Proposal (RFP) form. Only Proposers registered by the submission deadline for this RFP will be considered.

6.4 Parent Company

If a proposer is owned or controlled by a parent company, the name, main office address and parent company’s tax identification number (FEIN) must be provided in the proposal document. Regardless of whether or not a Proposer is owned or controlled by a parent company, the responding Proposer’s FEIN, as provided on the RFP Submittal Cover Sheet, shall be the number used to determine registration status.

6.5 Response Material Ownership

All material submitted regarding this RFP becomes the property of the State of Colorado. 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. 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. Proposer 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 purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Public Records Act. Proposals may be reviewed by any person after Intent to Award has been published on the Colorado VSS System or the award letter has been issued, subject to the terms of Section 24-72-201 et. seq., CRS, as amended, Public (Open) Records.

6.6 Proprietary Information

All material submitted in response to this RFP will become public record and will become subject to inspection following final proposer selection. Any material requested for treatment as proprietary or confidential must be clearly identified and easily separable from the rest of the proposal. Such requests must include justification for each request. It is not acceptable to label the entirety of the proposal or pricing information as proprietary or confidential.

6.7 Request for Confidential/Proprietary Classification

The State neither requests nor encourages the submission of confidential/proprietary information in response to this RFP. Information submitted will be open for public inspection upon completion of the RFP process and award of contract. Should a proposer want the State to treat certain information as confidential/proprietary, the proposer shall submit a written request, as part of its RFP package, to the DNR Purchasing Director, provided that the submission is in STRICT accordance with the procedures listed below. Adherence to these procedures remains the SOLE RESPONSIBILITY of the proposer. The written request for confidentiality/proprietary classification will be reviewed and either approved or denied by the DNR Purchasing Director. If denied, the proposer will have the opportunity to withdraw its entire proposal, or to remove the proprietary restrictions.

NEITHER COST NOR PRICING INFORMATION NOR A TOTAL PROPOSAL WILL BE CONSIDERED

PROPRIETARY.

PROCEDURES FOR SUBMISSION OF CONFIDENTIAL/PROPRIETARY INFORMATION

A. Written request for confidentiality/proprietary classification shall be submitted, by the offeror, with the proposal documents.

B. The written request will be enclosed in an envelope marked “REQUEST FOR

CONFIDENTIALITY/PROPRIETARY CLASSIFICATION,” and attached to the cover of the ORIGINAL copy of the offeror’s proposal that contains the DNR invitation for proposal page with the offeror’s ORIGINAL autographic signature.

C. The written request must state SPECIFICALLY, AND IDENTIFY BY PAGE NUMBER, what elements of the proposal are to remain confidential. The request must also IDENTIFY THE BASIS for the claim of confidentiality/proprietary classification, OTHER than a recitation of a SPECIFIC State or Federal statute.

D. Confidential/propriety information MUST be readily IDENTIFIED, MARKED and SEPARATED/PACKAGED from the rest of the proposal. Co-mingling of confidential/propriety information and other information is NOT acceptable.

E. The DNR Contract and Procurement Manager will make a written determination as to the apparent validity of any request for confidentiality/proprietary classification. This written determination will be sent to the offeror.

F. Proposals not following this procedure may be declared non-responsive by the DNR Purchasing Director and given no further consideration.

6.8 Rejection of Proposals

Pursuant to Procurement Rule 24-103-301 C.R.S., the State of Colorado reserves the right to reject any or all proposals received in response to this RFP, or to cancel this RFP if it is in the best interest of the State to do so. Failure to furnish all information, or to follow the proposal format set forth in this RFP, may act to disqualify the proposal. It is the sole responsibility of the proposer to ensure ALL required signature forms and the requisite number of document copies are included in its submittal package.

In the event DNR elects to NOT award any proposer, or the RFP solicitation is cancelled, all received proposals must be retained as confidential and will not be subject to public inspection. The purpose for this condition is to prevent any future potential offerors an opportunity to review other offerors’ proposals and thereby gain any unfair advantage in submitting future proposals.

Any cancellations occurring before the submittal due date will result in received proposals being returned unopened to the appropriate proposer accompanied by a notice of cancellation letter.

6.9 Incurring Costs

The State of Colorado is not liable for any cost incurred by proposers prior to issuance of a legally executed contract or procurement document. No property interest of any nature shall occur until a contract is awarded and signed by all concerned parties. No reimbursement of travel and other preparatory costs will be considered for those proposers recommended for interview, demonstrations or other subsequent travel prior to award.

6.10 Vendor Past Performance

Each offeror’s past performance will be reviewed as part of the State’s overall evaluation of best value. This evaluation will take into account past performance information submitted as a part of each offeror’s proposal, including but not limited to, information regarding predecessor companies, key personnel who have relevant experience, and subcontractors performing major or critical aspects of the service(s) if such information is relevant.

Offerors without a record of relevant past performance or for whom information on past performance is not available will receive a neutral past performance rating. The State will consider past or current State contracts for efforts similar to the State requirements for this contract. The State will consider information provided regarding problems encountered on the identified contracts and any associated corrective actions.

6.11 Evaluation Criteria

An evaluation will be made by an appointed, impartial evaluation committee tasked with determining the merit of proposals received in accordance with the evaluation criteria defined herein. The recommendations of this group will be forwarded to the DNR Purchasing Director for approval.

Failure of the proposer to provide in its proposal any information requested in this RFP may result in disqualification of the proposal and shall be the sole responsibility of the proposing firm.

During the evaluation process, discussions may be conducted with responding proposer(s) determined reasonably likely of being selected for award. It will be at the sole recommendation of the evaluation committee as to whether discussions for clarification are needed and thereby requested.

The sole objective of the evaluation committee will be to recommend the proposer whose proposal is determined most responsive to the State’s needs and most advantageous to the State of Colorado taking into consideration the price and all evaluation factors set forth herein and as defined in Section 24-103-203(7) CRS.

Specific evaluation criteria are outlined in Section 5 of this RFP, entitled Scoring and Evaluation Criteria.

6.12 Proposal Content/Acceptance of RFP Terms

A submission in response to the RFP acknowledges acceptance by the proposer of all unaltered terms and conditions, as set forth herein. Any proposed exception taken to the State’s Terms and Conditions must be clearly and thoroughly identified and supported and acceptable alternatives must be proposed. Failure to do so shall be deemed a waiver of any rights to subsequently raise exception and/or request modification, except as outlined or specified in this RFP. Submission of exceptions does not guarantee their acceptance, however, and such submittal will be taken into consideration during proposal review and scoring by the evaluation team.

6.13 Conflict of Interest

By submission of a response proposal, the proposer agrees that, at the time of contracting, the proposer has no interest, direct or indirect, that would conflict in any manner or degree with the performance of the required services. The proposer shall further covenant that, in the performance of the contract, they shall not employ any person having any such known interest.

6.14 Proposal Prices

Estimated proposal prices are not permitted unless specifically requested. Proposers are urged to submit prices reflective of as accurate and reasonable predictions of costs as possible. Proposers are alerted that although DNR reserves the right to request a Best and Final Offer, any revisions, including costs, will be closely evaluated by the evaluation committee, towards insuring the elimination of any perceived inequities and unacceptable conditions.

6.15 Selection of Proposal

Upon review and approval of the evaluation committee’s recommendation for award, the DNR Purchasing Office will post the award notice on the Colorado VSS System. Such posting, by itself, does not grant any property interest or right of any nature in the RFP work/services or to contract for the performance of such work/services. Contract terms that are consistent with the RFP and that are acceptable to the State must first be discussed, followed by contract completion and signature by all parties and the State Controller. Only upon final signature by the State Controller does the successful proposer have any interest or rights in the RFP work/services. Therefore, the apparent successful proposer whose award is posted on the Colorado VSS System shall not rely on that letter to make commitments to third parties, and the apparent successful proposer shall not take any actions(s) to prepare for, or start the performance of, the RFP work/services until a contract is fully executed. Further, every effort will be made to have a completed and fully signed agreement on or before the date indicated in the Schedule of Activities unless extended by DNR during the RFP process. If through no fault of the State the parties are unable to agree on contract terms, DNR may elect to cancel the award and make the award to the next most successful/highest ranked proposer.

6.16 Intent to Award

After proposer selection, award will be posted on the Colorado VSS System. Following posting of the award, all interested parties may review the RFP files, including response proposals, by making an appointment with:

Department of Natural Resources, Purchasing Office

ATTN: Robert Mitchell 1313 Sherman Street, Room 423

Denver, CO 80203 Phone: (303) 866-3292 Ext.8631

Email: Robert.mitchell@state.co.us

6.17 Award of Contract

Final award will be made to the proposer whose proposal best meets the evaluation criteria set forth in this RFP and is determined by the evaluation committee to be the most responsive to the State’s needs and most advantageous to the State of Colorado, taking into consideration the price and other factors set forth herein, subject to discussion and execution of an acceptable contract as described above. It is DNR’s intent to make a selection within 60 to 80 days of proposal submission deadline; however, as the evaluation process is dependent upon the length and number of the proposals received, and evaluation committee members’ schedules, the schedule of activities post the proposal submission deadline (i.e., interviews, demonstrations) is strictly estimated, requiring all Price proposals remain firm and valid for award for at least 180 days following proposal submittal deadline.

6.18 Protested Solicitations and Awards

Any actual or prospective proposer who is aggrieved in connection with the solicitation or award of a contract may protest to the DNR Contract and Procurement Director. The protest shall be submitted in writing within seven (7) working days after notification of intent to award as defined as when such aggrieved person knows, or should have known, of the facts giving rise thereto. Ref. Section 24-109-101 et seq., CRS, as amended; Section 24-109-201 et.

Seq., CRS as amended; Section R-24-109-101 through R-24-109-206, Colorado Procurement Rules. Protests received after the seven-working-day period shall not be considered. The mailto:Robert.mitchell@state.co.us written protest shall include, as a minimum, the following:

A. The name and address of the protestor;

B. Appropriate identification of the procurement by bid, RFP, or award number;

C. A statement of the reasons for the protest; and D. Any available exhibits, evidence, or documents substantiating the protest.

6.19 News Releases

Proposers shall not issue any news releases pertaining to this RFP prior to execution of a contract. At any time after execution, only news release approved by the DNR Program Manager shall be made.

6.20 Certification of Independent Price Determination

A. By submission of its proposal, the proposer certifies and, in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

1) The prices in the proposal were arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any other competitor;

2) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to award either directly or indirectly, to any other proposer or to any other competitor; and

3) No attempt has been made by the proposer to induce any other person or firm to submit, or not to submit, a proposal for the purpose of restricting competition.

B. Each person signing the Cover Page of this RFP – certifies that:

1) He/she is the person within the proposer’s organization responsible for that organization’s decision as to the prices being offered in the proposal and that he/she has not participated, and will not participate, in any action contrary to A

(1) through (3) above; OR

2) He/she is not the person within the proposer’s organization responsible for the decision as to the prices being offered in the proposal but that he/she has been authorized in writing to act as agent for the persons responsible for such decision, by certifying that such persons have not participated, and will not participate, in any action contrary to A (1) through (3) above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to A (1) through (3) above.

C. A proposal will not be considered for award where A (1) and (3) and B above have been deleted or modified. Where A (2) has been deleted or modified, the proposal will not be considered for award unless the proposer furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the DNR Contract and Procurement Manager, or designee, determines that such disclosure was not made for the purpose of restricting competition.

6.21 Taxes

The State of Colorado, as purchaser, is exempt from all Federal taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all State and Local Government Use Taxes (Ref. Colorado Revised Statutes Chapter 39-26.114[a]).

Seller/proposer is hereby notified that when materials are purchased in certain political subdivisions, the seller/proposer 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.

6.22 Contract Products - Ownership Rights

All products produced in response to the contract or agreement resulting from this RFP will be the sole property of the State of Colorado. Any exceptions must be outlined in detail.

Exceptions may serve as cause for rejection of proposal. Such products shall include original materials, including any reports, studies, data, designs, drawings, maps, meeting minutes, specifications, data spreadsheets, notes, documents, electronically or magnetically recorded material and related intellectual property developed or created by the successful proposer pursuant to the services sought by this RFP, and subsequently provided and integrated by contract between DNR and the successful proposer, shall become the sole property of the State. The purchase of licenses for use of a proposer’s software shall not be interpreted to mean purchase of the actual application or software. Ownership of the specific application and software selected under this RFP shall remain with the selected proposer. The successful proposer will not be allowed use of any materials furnished by, or produced for, DNR for any purpose other than towards the completion of the works described herein, without permission from DNR.

6.23 Assignment and Delegation

Except for assignment of antitrust claims, neither party to any resulting contract stemming from this RFP may assign or delegate any portion of such contract without the prior written consent of the other party.

6.24 Choice of Law

The laws of the State of Colorado shall govern in connection with the formation, performance, and the legal enforcement of any resulting contract. Further, Title 24, CRS as amended, Article 101 through 112, and Rules adopted to implement the statutes, govern this procurement.

6.25 Legislative Changes

The State of Colorado reserves the right to amend the contract in response to legislative changes, which affect this project.

6.26 Audit

The States reserves the right to require that the successful proposer has a process audit conducted of its program at least once every three (3) years. If the successful proposer has not had such an audit prior to awarding of this contract, and the State requires one, then an audit must begin within six (6) months of the award of this contract. The State reserves the right to approve the selected firm. A complete copy of the audit must be provided to the Department of Personnel and Administration within five (5) working days of its completion.

The Department of Personnel and Administration will negotiate directly with the contractor regarding any exceptions or findings from the audit.

6.27 Disadvantaged Business Opportunities

The State encourages its agencies…