STATE OF COLORADO

GOVERNOR’S OFFICE OF INFORMATION TECHNOLOGY

REQUEST FOR PROPOSAL

Enterprise Agreement for Batteries and Rectifiers RFP Number: RFP-EGBA-2017000196

OIT Procurement and Vendor Services 601 East 18th Avenue, Suite 150 Denver, CO 80203

OIT_purchasing@state.co.us

TABLE OF CONTENTS

Exhibit A: Contract Exhibit B: Detailed Requirements Exhibit C1: Rectifier Bid sheet Exhibit C2: Battery Bid Sheet Exhibit D: Purchase Order Terms & Conditions

REQUEST FOR PROPOSALS SIGNATURE PAGE

RFP INFORMATION

SUBMIT INQUIRIES & SEALED PROPOSALS TO:

Governor’s Office of Information Technology (OIT) Procurement and Vendor Services Office 601 East 18th Avenue, Suite 150 Denver, CO 80203

Judy Giovanni, CPPB

303-764-7931

OIT_purchasing@state.co.us

OFFERORS CONTACT INFORMATION

COMPANY NAME:

CONTACT:

STREET ADDRESS:

PHONE:

CITY/STATE/ZIP:

E-MAIL:

FEIN:

OFFEROR’S AUTHORIZED SIGNATURE

AUTHORIZED SIGNATURE:

PRINTED NAME:

TITLE:

IMPORTANT

The following information must be on the OUTSIDE of the sealed RFP response:

RFP Number and RFP Submission Deadline

RETURN THIS PAGE WITH YOUR RESPONSE

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SCHEDULE OF ACTIVITIES

(www.colorado.gov/vss)

Prospective Offerors Written Inquiry Deadline (No questions accepted after this date/time; e-mail preferred)

The resulting contract (Initial Contract Term one (1) year); and up to four (4), one (1) year extensions, for a total potential contract term of 5 (five) years. Or if applicable a Purchase Order will be issued.

Administrative Information Issuing Office This Request for Proposals (RFP) is issued by the State of Colorado, Governor’s Office of Information Technology (OIT), Procurement and Vendor Services Office, for the benefit of the State of Colorado (State). The OIT Procurement and Vendor Services Office and Purchasing Agent listed on the RFP Signature Page is the sole point of contact concerning this RFP. All communication must be done through these.

COLORADOVSS AND REGISTRATION

The State now uses the Colorado Operations Resource Engine (CORE), solicitations for most State Agencies (Agencies) will be posted on the website, ColoradoVSS.

Solicitation details for goods and services, as well as construction notices on ColoradoVSS are public and do not require registration; however, any updates or modifications to this RFP will be published using ColoradoVSS, so it is important to be registered. There is no cost to register on ColoradoVSS. It is very important that Offerors check ColoradoVSS on a regular basis, as this is the sole means for communicating any clarifications or changes to RFP content and/or requirements.

To become a registered supplier on ColoradoVSS: www.colorado.gov/vss modification or Addendum To Request For ProposalS In the event it becomes necessary to revise any part of this RFP, a modification/addendum will be published on the ColoradoVSS web page. It is incumbent upon Offerors to carefully and regularly monitor ColoradoVSS for any such postings.

Invitation To Submit Proposals OIT is posting this RFP on ColoradoVSS so that Offerors who have an interest may submit a Proposal in accordance with terms of this RFP. Please read and be aware of the administrative information attached to this RFP.

Purpose This RFP provides prospective Offerors with sufficient information to enable them to prepare and submit Proposals for consideration to satisfy the need for expert assistance in the completion of the scope of this RFP.

Scope This RFP contains the instructions governing the Proposal to be submitted and the material to be included therein; mandatory requirements must be met to be eligible for consideration.

Structure of this Request for Proposals The State of Colorado Solicitation Instructions and Terms and Conditions linked through the ColoradoVSS Solicitation Page govern, except as modified or supplemented in these instructions.

Official Means of Communication During the solicitation process, for this RFP, all official communication will be via notices on the ColoradoVSS. Notices may include any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the Awarded Offeror(s). It is incumbent upon Offeror to carefully and regularly monitor ColoradoVSS for any such notices.

Inquiries Unless otherwise noted, prospective Offerors may make written or electronic mail inquiries concerning this RFP to obtain clarification of requirements. E-mail is the preferred method for Offerors to submit inquiries. No inquiries will be accepted after the date indicated in the Schedule of Activities section of this RFP.

Inquiries shall be made to the sole point of contact as listed on the RFP Signature Page.

Clearly identify your inquiries by referencing the RFP number and where appropriate include references to RFP section, paragraph and or question numbers; using page numbers as references is problematic because not all printers number the pages consistently.

Response(s) to Offerors' inquiries (if required) will be published as a modification(s) on the ColoradoVSS system in a timely manner. Offeror should not rely on any other statements, either written or oral, that alter any specification or other term or condition of this RFP. Offerors are responsible for monitoring ColoradoVSS for publication of modifications to this solicitation.

Offeror Registration Offeror registration (ColoradoVSS Registration) MUST be current to be awarded a solicitation.

Vendor Identification The tax identification number provided must be that of the Offeror responding to the RFP. Offeror must be a legal entity with the legal right to contract in the State of Colorado and shall be the entity that is used to determine Offeror registration status.

Parent Company If an Offeror 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.

Modification Or Withdrawal of Proposals Proposals may be modified or withdrawn by the Offeror prior to the established due date and time.

News Releases News releases or contact with media representatives pertaining to this RFP or concerning any Offeror’s Proposal shall NOT be made prior to execution of the contract without prior written approval by the State.

Certification of Independent Price Determination

1.15.1 By submission of a Proposal each Offeror certifies, and in the case of a joint Proposal each party thereto certifies, as to its own organization, that in connection with this procurement:

(a) The prices in the Proposal have been 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 Offeror or with any competitor, other than a joint Offeror;

(b) Unless otherwise required by law, the prices which have been quoted in the Proposal have not been knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to opening, directly or indirectly to any other Offeror or to any competitor; and

(c) No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.

1.15.2 Each person signing the RFP Signature Page of the Proposal certifies that:

(a) She/he is the person in the Offeror's organization responsible within that organization for the decision as to the prices being offered herein and that she/he has not participated, and will not participate, in any action contrary to (1.15.1)(a) through (1.15.1)(c) above; or

(b) She/he is not the person in the Offeror's organization responsible within that organization for the decision as to the prices being offered herein but that she/he has been authorized in writing to act as agent for the person(s) responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1.15.1)(a) through (1)(c) above, and as their agent does hereby so certify; and she/he has not participated, and will not participate, in any action contrary to (1.15.1)(a) through (1.15.1)(c) above.

1.15.3 A Proposal will not be considered for award where (1.15.1)(a), (1.15.1)(c), or (1.15.2) above has been deleted or modified. Where (1.15.1)(b) above has been deleted or modified, the Proposal will not be considered for award unless the Offeror furnishes with the Proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or her/his designee, determines that such disclosure was not made for the purpose of restricting competition.

Proprietary/Confidential Information Any restrictions on the use or inspection of material contained within the Proposal shall be clearly stated in the Proposal itself; written requests for confidentiality shall be submitted by the Offeror with its Proposal. The Offeror must state specifically what elements of the Proposal are to be considered confidential/proprietary.

Confidential/Proprietary information must be readily identified, marked and separated/packaged from the rest of the Proposal. Co-mingling of confidential/proprietary and other information is not acceptable. Neither a Proposal, in its entirety, nor Proposal price and/or rate information will be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential.

The OIT Procurement and Vendor Services Director or their delegate will make a written determination as to the apparent validity of any written request for confidentiality. In the event OIT does not concur with the Offeror’s request for confidentiality, a written determination will be sent to the Offeror. If the request is denied, the Offeror will have an opportunity to withdraw its entire Proposal, or remove the confidential and or proprietary restrictions. Ref. Section 24-72-200.1 et seq., Colorado Revised Statutes (C.R.S.) as amended, the Colorado Open Records Act (CORA).

RFP Response Material Ownership All material submitted regarding this RFP becomes the property of the State of Colorado. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. Proposals may be reviewed by any person after the "Notice of Intent to Make an Award" letter has been issued, subject to the terms of C.R.S. Title 24, Article 72, Part 2 as amended. 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 Section 1.16, Proprietary/Confidential Information. Offeror expressly agrees that the State of Colorado 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 CORA.

Acceptance of RFP Terms A Proposal submitted in response to this RFP shall constitute a binding offer. Acknowledgment of this condition shall be indicated by the autographic signature of the Offeror or an officer of the Offeror, legally authorized to execute contractual obligations. It is assumed by the Offeror's response that it acknowledges all terms and conditions of this invitation for an offer. An Offeror 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 outlined or specified in the RFP.

Proposal Content Acceptance The contents of the Proposal (including persons specified) of the Awarded Offeror will become contractual obligations of the Offeror if a contract ensues. Failure of the Awarded Offeror to accept these obligations in a resulting contract may result in cancellation of the award and such Offeror may be removed from future solicitations.

Contractual obligations of rfp documents The contents of the Proposal and the terms of this RFP will become contractual obligations of the Awarded Offeror(s). This RFP consists of all documents listed under the Table of Contents and are hereby referenced and incorporated herein. “The State of Colorado Solicitation Instructions and Terms and Conditions” linked to the ColoradoVSS Notice on the website govern, except as modified or supplemented within the RFP. The final contract shall provide the order of precedence of all related documents, in the following order: Colorado Special Provisions, contract, exhibits, RFP and Offeror’s response.

In responding to this RFP, Offerors agreeing to abide by the requirements of this RFP are also agreeing to abide by all terms and conditions contained herein, so Offerors should identify or seek to clarify any problems with contract language or any other document contained within this RFP packet through their written inquiries about the RFP or within their Proposal. Any proposed changes or objections to the contract language or other documents must be submitted as a part of the Offeror’s Proposal. Each change or exception shall be presented in the form of proposed alternative or substitute language. General objections, to be negotiated subsequent to the award, will not be accepted. Exceptions to the State of Colorado Special Provisions, attached to the contract, will not be accepted. Failure of the Awarded Offeror(s) to accept these obligations may result in cancellation of the award.

Contract Except as modified herein, the Model Contract included in this RFP shall govern this procurement and is hereby incorporated by reference.

Legislative Changes The State of Colorado reserves the right to amend the contract in response to legislative changes.

Order of Precedence In the event of any conflict or inconsistency between terms of this RFP and the Offeror’s Proposal, such conflict or inconsistency shall be resolved, first, by giving effect to the Colorado Special Provisions, contract, exhibits, RFP, Offeror’s response.

VenuE The parties agree that venue for any action related to performance of the contract shall be in the City and County of Denver, Colorado.

STATEWIDE CONTRACT MANAGEMENT SYSTEM (CMS)

For all contracts resulting from this solicitation, 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.

OIT shall evaluate, review and rate Contractor’s performance for all contracts resulting from this solicitation, for any contracted amount.

Offeror Proposed Terms and Conditions Except as specified in the Offeror’s Proposal, the submission of the Offeror’s Proposal will indicate its acceptance of the terms and conditions of this RFP. Offerors must disclose in their Proposals terms and conditions or required clarifications of terms and conditions consistent with these instructions. The State reserves the right to clarify terms and conditions not having an appreciable effect on quality, price/cost risk or delivery schedule during post-award formalization of the contract.

State Ownership of Contract Products All products produced in response to the contract 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 the Proposal.

Proposal Pricing Estimated Proposal prices are not acceptable. Offers submitted must include all related costs (e.g. surcharges, travel, etc.). Any costs not included as part of the offer will be disallowed. Pricing must be in U.S. funds. Best and final offers may be considered in determining the Awarded Offeror. Proposals shall be firm for a period of not less than one hundred eighty (180) calendar days from date of award.

Contract Term This RFP may result in a multiple year contract(s); estimated term stated in the Schedule of Activities. The initial contract(s) will be effective upon approval by the State Controller or designee. The contract performance contemplated herein shall commence as upon the effective date of the resulting contract(s) and shall be undertaken and performed in the sequence and manner set forth therein.

Late Proposals Late Proposals will not be accepted. It is the sole responsibility of the Offeror to ensure that their Proposal arrives in the designated office prior to the date and time as specified on BIDS.

Rejection of Proposals OIT reserves the right to reject any or all Proposals, to waive informalities and minor irregularities in Proposals received, and to accept any portion of a Proposal or all items proposed if deemed in the best interest of the State.

Estimated Quantities Quantities where provided are estimates only, no volumes can be guaranteed.

Number of Awards The State intends to award one or more awards/contracts as a result of this RFP. The State reserves the right to award as many vendors that are deemed to be in the best interest of the State.

Agreement Execution An Awarded Offeror shall have no longer than forty-five (45) calendar days to enter into a contract after being notified by the State. If this date is not met, the State may elect to cancel the award and award the selection to the next most Awarded Offeror(s) if the delay is not the fault of the State.

Pre Performance Meeting Upon execution of the contract(s), an OIT Contract Administrator shall conduct a review of the contract requirements with key personnel of the State and Awarded Offeror(s). The purpose of the meeting is for all working parties to gain a better knowledge of contract requirements, have questions answered, and conduct a needs assessment so that transition to performance will commence timely and smoothly.

Incurring Costs The State of Colorado is not liable for any costs incurred by Offerors prior to issuance of a legally executed contract. No property interest of any nature shall accrue until a contract is awarded and signed by all concerned parties and approved by the State Controller.

Taxes The State of Colorado, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all state and local government use taxes C.R.S. 39-26-114(a). The State’s Colorado State and Local Sales Tax Exemption Number is 98-02565. Offerors are hereby notified that when materials are purchased in certain political sub-divisions (for example, City and County of Denver) the seller of such materials may be required to pay sales tax even though the ultimate product or service is provided to the State. This sales tax will not be reimbursed by the State.

Insurance The Awarded Offeror(s) shall obtain, and maintain at all times during the term of the contract, insurance in the kinds and amounts outlined in the linked ColoradoVSS State of Colorado Solicitation Instructions/Terms and Conditions and the attached Model Contract.

CYBER SECURITY

The Awarded Offeror is required to comply with all laws, regulations, rules, policies, procedures, or other requirements as deemed solely by the OIT concerning the confidentiality, use, retention, security, delivery, handling, and protection of and the notification, support, compliance, liability, disposition, remediation, and safeguarding requirements associated with any and all State Information. For purposes of this solicitation, State Information means all information, data, records, and documentary materials belonging to the State of Colorado (State) or OIT regardless of its sensitive or non-sensitive nature, physical form, or characteristics, including but not limited to any public and non-public State records, sensitive and non-sensitive State data, protected and unprotected State data, State personnel records, Personally Identifiable Information (PII) Data as defined by CRS §24-72-501(2) and Exhibit A (OIT Model Contract Template), Federal Tax Information (FTI) data as defined by law and Exhibit A (OIT Model Contract Template), Payment Card Information (PCI) data as defined by law and Exhibit A (OIT Model Contract Template), Criminal Justice Information (CJI) data as defined by law and Exhibit A (OIT Model Contract Template), Health Insurance Portability and Accountability Act (HIPAA) data as defined by law and Exhibit A (OIT Model Contract Template), and other information or data concerning individuals whether it is deemed confidential or not but nevertheless belongs to the State, which has been communicated, furnished, provided, transferred, delivered, or disclosed by the State to the awarded bidder. All responses to this solicitation will be evaluated, in part, based on the bidder’s willingness to be in compliance with such laws, regulations, rules, policies, procedures, or other State requirements and certification of such compliance will be evidenced by submission of a response to this solicitation.

The awarded Offeror(s) shall comply with the State of Colorado Cyber Security Policies:

http://www.oit.state.co.us/ois/policies In addition, awarded Offeror(s) will be required to meet all the security requirements in the attached Model Contract. Indicate your acceptance of these requirements in section MR2.

Cloud Projects

(a) Network Security. Contractor agrees at all times to maintain network security that at a minimum includes network firewall provisioning, intrusion detection, and regular (two or more annually) third party vulnerability assessments. Contractor agrees to maintain network security that conforms to generally recognized industry standards and best practices that Contractor then applies to its own network.

(b) Application Security. Contractor agrees at all times to provide, maintain, and support the System and subsequent updates, upgrades, and bug fixes such that the System is, and remains secure from those vulnerabilities as described in: a) The Open Web Application Security Project’s (OWASP) “Top Ten Project” – see http://www.owasp.org; or b) The CWE/SANS Top 25 Programming Errors – see http://cwe.mitre.org/top25/ or http://www.sans.org/top25-programming-errors/; or c) Other generally recognized and comparable industry practices or standards.

(c) Data Security. Contractor agrees to preserve the confidentiality; integrity and accessibility of State data with administrative, technical, and physical measures that conform to generally recognized industry standards and best practices that Contractor then applies to its own processing environment. Maintenance of a secure processing environment includes but is not limited to the timely application of patches, fixes, and updates to operating systems and applications as provided by Contractor. All State Confidential Information and State data of any kind shall be stored, processed, or transferred only in or to facilities located within the United States.

TELEGRAPHIC/ELECTRONIC RESPONSES

Telegraphic or electronic bids (Fax, Western Union, Telex, e-mail, etc.) cannot be accepted as a sealed Proposal. Offerors are urged to read the solicitation document thoroughly before submitting a Proposal.

ADMINISTRATIVE REVIEW FACTORS – PASS/FAIL

Offerors must demonstrate in writing their ability and willingness to comply with the mandatory minimum requirements found in Section 3 - Proposal Requirements of this RFP, as applicable, to be considered responsive to this RFP. These items are judged on a pass or fail basis and must be satisfied in order for the Offeror’s response to be considered for further review by the Evaluation Committee.

Cooperative Purchasing In order to address the requirements of and as part of the Governor's Office of Information Technology's (OIT) effort to address the requirements of 24-37.5-106(1)(h), this solicitation and the resulting contract(s) shall be a cooperative purchasing agreement, pursuant to 24-110-101 et seq. All Executive Branch state agencies are included in this solicitation and any resulting contract. Legislative and Judicial Branch agencies, institutions of Higher Education, and local governments may participate. OIT will be the primary state party to the contract, pursuant to 24-37.5-105(3)(i).

RFP CANCELATION

The State reserves the right to cancel this entire RFP or individual phases at any time, without penalty.

Protested Solicitations and Awards Any actual or prospective Offeror who is aggrieved in connection with the solicitation or award of a contract may protest to the Governor’s Office of Information Technology (OIT), Procurement and Vendor Services Director, 601 E 18th Avenue, Suite 150, Denver, CO 80203. The protest must be submitted in writing within seven (7) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Reference C.R.S., Title 24, Article 109.

Audit The States reserves the right to require that the Awarded Offeror(s) has a process audit conducted of its program at least once every three (3) years. If the Awarded Offeror(s) has not had such an audit prior to awarding of this contract, and the State requires one, then an audit must begin within six 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 Governor’s Office of Information Technology within five (5) working days of its completion. The Governor’s Office of Information Technology will negotiate directly with the Awarded Offeror(s) regarding any exceptions or findings from the audit.

ORGANIZATIONAL CONFLICT OF INTEREST—REQUIREMENTS OF THIS SOLICITATION AND SUBSEQUENT CONTRACT Any business entity or person is prohibited from being awarded a contract if the business entity or person has an “Organizational Conflict of Interest” with regard to this solicitation and the resulting contract.

No person or business entity who was engaged by the State to prepare the original RFP or has access prior to the solicitation to sensitive information related to this procurement process, (including, but not limited to requirements, statements of work, or evaluation criteria), will be eligible to directly or indirectly submit or participate, directly or indirectly in the submission of a Proposal for this solicitation. The State considers such engagement or access to be an Organizational Conflict of Interest, which would cause such business entity or person to have an unfair competitive advantage.

If the State determines that an Organizational Conflict of Interest exists, the State, at its discretion, may cancel the contract award. In the event the Awarded Offeror was aware of an Organizational Conflict of Interest prior to the award of the contract and did not disclose the conflict to the procuring agency, the State may terminate the contract for default. The provisions of this clause must be included in all subcontracts for work to be performed by subcontractors in connection with the performance of the contract, with the terms “contract,” “contractor,” and “contracting officer” modified appropriately to preserve the State’s rights.

performance outside the state of colorado and/or the united states In compliance with CRS 24-102-206 and after negotiation of a fully executed Contract, if performance occurs outside of the State of Colorado and/or the United States, the Awarded Offeror shall provide written notice to the State, 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. Upon award, knowing failure by successful Contractor to provide notice to the State shall constitute a material breach of any resulting Contract from this solicitation.

lobbying The contract is subject to 31 U.S.C § 1352, as implemented at 15 C.F.R. Part 28, “New Restrictions on Lobbying.” Applicants/bidders should familiarize themselves with these provisions, including the certification requirement. OIT shall require the contractor to submit a completed “Disclosure of Lobbying Activities” (Form SF-LLL) regarding the use of non-Federal funds for lobbying. The Form SF-LLL shall be submitted within 15 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed.

PRIME – SUBCONTRACTOR

Offerors who propose a partnership relationship with another third party individual or entity shall agree to be the Prime Contractor with the State and subcontract with such third party partner(s). Offerors shall identify in the RFP all third party partners that will be subcontracted with under any award. The State will enter a contract with the Prime and the Prime will ensure that all subcontractors will abide with the terms of the RFP and Contract through flow-down agreements. The Prime shall direct the work and deliverables of its subcontractors and shall coordinate the subcontractor activities. Each subcontract shall comply with all applicable federal and state laws and provide that such subcontract shall be governed by the laws of the State of Colorado.

1.50 Statewide Contract Management System

For all contracts resulting from this solicitation, contractor agrees to be governed, and to abide, by the provisions of C.R.S. §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. OIT shall evaluate, review and rate contractor performance for all contracts resulting from this solicitation, for any contracted amount.

1.51 E-Verify and Co Department of Labor and Employment Program Effective May 13, 2008, contractors who enter into a public contract for services with Colorado state agencies or political subdivisions must participate in either the federal E-Verify program, or the newly created Colorado Department of Labor and Employment Program (Department Program). The option to enroll in the new Department Program instead of E-Verify was created by Colorado State Senate Bill 08-193, which amended the Public Contracts for Services and Illegal Alien Laws, C.R.S. 8-17.5-101 and 102.

1.52 DOING BUSINESS IN THE STATE

An Offeror wanting to do business in the State must register with the Colorado Secretary of State in accordance with C.R.S. 7-90-801. An Offeror must be registered to do business in Colorado within 10 business days of the RFP award notification to the Apparent Successful Offeror. A copy of the business entity’s Articles of Incorporation and/or Bylaws may be requested by the State.

This is the link for the Colorado Secretary of State’s Website: http://www.sos.state.co.us (Recommend going to the “Business Center” section, then opening the “Business Home” page, under the “General Information” section review the FAQs.)

1.53 FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN)

For the purpose of verifying the Offeror’s registration to the ColoradoVSS system, the Offeror is required to provide their FEIN in their proposal. Additionally, Offerors are required to submit their FEIN prior to contract, or purchase order issuance, or payment from the State. A W-9, Taxpayer Identification form provided by the State may be required as. Only the Awarded Offeror is required to submit a W-9, to the State upon request.

1.54 BRAND NAME OR EQUAL

If you are proposing an equivalent product please provide adequate documentation so that the State of Colorado can make a determination that the product is in our opinion equivalent. Determination of equivalent is solely at the discretion of the State of Colorado. The State of Colorado further reserves the right to request that the provider of a proposed equivalent product, that potentially meets our specifications, upon request of the State, will deliver free of charge, a sample of the product, to a location of our choice, to test the product for proper fit, prior to making any award.

Background and Overview BACKGROUND and Purpose

The Governor’s Office of Information Technology (OIT) exists in Colorado Revised Statutes (§ 24-37.5-101 et seq. CRS) and consolidates the acquisition of information technology (IT) within Colorado State Government.

The intent of this solicitation is to provide the State of Colorado with a single or multiple enterprise agreements for the procurement of OIT’s standard rectifiers and batteries to support the replacement efforts to the DTR system The State of Colorado (State) Governor’s Office of Information Technology (OIT) operates and maintains the State microwave network that supports the 700/800 Megahertz (MHz) Digital Trunked Radio System (DTRS) and provides circuits supporting other agencies and communication systems. The existing microwave network also provides backhaul capabilities to primary operable and interoperable voice communications system for public safety in Colorado.

The DTRS is a Motorola Association of Public Safety Communications Officials (APCO) Project 25 (P25) standards trunked radio system that provides voice communications services and enables direct communications between public safety agencies across jurisdictional and regional boundaries.

The existing microwave network utilizes Time Division Multiplex (TDM) technology to interconnect approximately 228 microwave sites, additional sites continue to be added as the microwave network expands including remote mountaintop locations, State facilities, and dispatch center locations. The existing microwave network operates in the 2 Gigahertz (GHz), 6 GHz, 10 GHz, 11 GHz, 18 GHz, and 23 GHz frequency bands.

The State is currently working to replace the existing microwave backhaul network to support the existing Motorola P25 Trunked Radio System and other mission critical voice and data communications.

As part of the new microwave network the State is seeking a Contractor(s) to provide rectifiers and batteries to support the replacement efforts to the DTR system. The State anticipates and initial buy as indicated in Exhibit C and the ability to order additional products for up to five (5) years. The State reserves the right to adjust quantities and order based on which phase of the project is being executed.

This solicitation will result in an OIT Permissive Enterprise Agreement(s) (EA) for State agencies, Institutions of Higher Education and political subdivisions to buy products and related services The “permissive” status means that all State agencies and State institutions of higher education may utilize the Enterprise Agreement for any equipment/services on the agreement which will meet that agency’s or institution’s need. The successful vendor must be willing to extend the EA pricing, products and services available to all State agencies and political subdivisions within the State of Colorado. Examples of “political subdivisions” include, but are not limited to, city and county governments, local school districts, municipal police and fire departments and municipal correctional facilities.

2.2 GLOSSARY

Colorado Open Records Act

CORA

Colorado Operations Resource Engine

CORE

Contract Management System (Statewide)

CMS

Digital Trunked Radio

DTR

Service Level Agreement

SLA

State of Colorado

State

Statement of Work

SOW

United States

U.S.

Proposal Requirements

3.1 MANDATORY and MINIMUM REQUIREMENTS

Offerors must comply with the following mandatory requirements in order to be considered responsive to this RFP and to be eligible to be awarded a contract. These items are reviewed as a pass or fail during evaluation of Proposals.

MR1. Signed Request for Proposals (RFP) Signature Page. Offeror must submit a signed RFP Signature Page to be considered for this award. The State may accept an alternative signed document by a person legally authorized to bind the Offeror to the Proposal; acceptance is at the States discretion. In any instance where this occurs, the State will require the Offeror to submit a signed RFP Signature Page within 24 hours (1 business day) upon notice.

MR2. Cyber Security. Offeror agrees comply with the Cyber Security requirements listed in Section 1.39 of the Administrative Requirements, which shall include but not be limited to; network, system, and application security that, at a minimum, include: network firewall provisioning, intrusion detection, and State of Colorado Office of Cyber Security (OCS) security testing on an annual basis.

Offeror’s Response:

Attach a completed signature page.

|_| By checking this box, Offeror asserts their willingness to comply with the State of Colorado Cyber Security policies.

The following sections provide the Offeror with a general overview of the requirements contained within this RFP

3.1.1 Requirements Qualifiers

If there is a variance from the requirement, it must be disclosed in the RFP response, and any accepted exception with justification will be included in any contract should the vendor solution be awarded.

3.2 TECHNICAL REQUIREMENTS

The State of Colorado OIT is currently utilizing Enersys PowerSafe V batteries and ElTek Rectifiers as our Standard for communications sites. This requires us to carry fewer spare replacement parts which reduce stock and inventory costs. This also promotes efficiencies in the field as well, as our staff does not have to stock and transport more than one manufacturer’s equipment. Training, troubleshooting, and repairs are more economical as staff is required to learn only one manufacturer’s equipment.

Offerors must comply with the following minimum requirements and provide statements of agreement or exception and comments to these minimum requirements.

Technical requirements are listed in Exhibit B Detailed Requirements and RFP Response

3.3 EXPERIENCE/MANAGEMENT REQUIREMENTS

These requirements are meant to address the reliability of the equipment and manufacturer as most of the equipment will be located at remote or inaccessible microwave sites for part of the year.

Experience/management requirements are listed in Exhibit B Detailed Requirements and RFP Response

3.4 COST PROPOSAL

Offerors shall provide the information required in the cost format specified in Exhibit C, Detail Cost Proposal Format, in order to be eligible to be awarded a contract. The information contained in this format will then be evaluated by the Evaluation Committee. Per unit and Lifecycle costs will both be considerations in the award decision. Offeror’s are encouraged to provide price proposals for both batteries and rectifiers.

In case of an error in extension, unit price shall prevail; shipping costs shall be included within the submitted costs. All equipment pricing shall remain firm for the term of contract maximum of five (5) years. All installation of equipment will be done by qualified State employees or approved contractors.

Exhibit C1 Rectifier cost sheet Exhibit C2 Rectifier Batteries cost sheet

Offeror Response Format

4.1 PROPOSAL SUBMISSION

Proposals must be received on or before the Bid Submission Deadline as indicated on ColoradoVSS. Late Proposals will not be accepted. It is the responsibility of the Offeror to ensure that its Proposal is received by OIT Procurement and Vendor Services, on or before the Bid Submission Deadline. Offerors mailing their Proposals shall allow sufficient mail delivery time to ensure receipt of their Proposals by the Bid Submission Deadline. All Proposals submitted must be "sealed"; i.e., package, envelope, box, etc. Electronic responses will not be accepted.

Proposals must be submitted in a sealed package with an appropriate label affixed. For ease of processing and identification, the label should show the following information:

Offeror’s Name RFP-No.

Proposal Due Date and Time

The Proposal should be signed in ink, preferably blue ink, by an officer of the Offeror who is legally authorized to bind the Offeror to the Proposal. Proposals that are determined to be at a variance with this requirement may not be accepted. An RFP Signature Page has been provided.

The State desires and encourages that Proposals be submitted on recycled paper, printed on both sides. While the appearance of Proposals and professional presentation is important, the use of non-recyclable or non-recycled glossy paper is discouraged.

For ease of evaluation and review, the State encourages Proposals be submitted following the format outlined in this RFP.

Proprietary/confidential information shall be submitted in accordance with the Proprietary/Confidential Information section of this RFP. In addition, an Offeror shall provide all proprietary/confidential information in its electronic response on a separate CD/USB flash drive clearly marked as such.

4.2 Required Copies

The original hard copy in all cases is the official record and shall be used to resolve any differences. All electronic copies shall be provided in Microsoft Word or Microsoft Excel, where appropriate.

Offerors are required to submit:

· One (1) original hard copy

· Segregate all cost sections

· The required number of hard copies as stated on the RFP Signature Page.

· Segregate all cost sections

· One (1) electronic copy (USB)

· Segregate (electronically) all cost sections

· One (1) electronic redacted copy (USB) - copy must be clearly marked “Redacted Version”

· Segregate (electronically) all cost sections

· Redact all proprietary/confidential information per Section 1.16 of this RFP

Awarded Offerors may be required to submit an electronic version of all solicitations documents, including but not limited to; original Proposal, clarifications, oral presentation documentation, best and finals, etc.

4.3 Addressing Proposal Requirements (Offeror Response)

The information within this section outlines specific information required in your response, which will assist in determining how well your agency will be able to meet the requirements set forth within the Proposal Requirements section of this RFP.

All Offerors, regardless of which option is being proposed, must respond to ALL portions of the following information and or related sections:

Section 3 Proposal Requirements:

Mandatory Minimum Requirements Technical Requirements Experience/Management Requirements Cost Proposal References - The State reserves the right to include the State of Colorado and other states as additional references. The State also reserves the right to call references only on the Awarded Offeror.

4.4 Content Quality

Do not include extensive artwork, unusual printing or binding, or other materials, which do not enhance the utility or clarity of the Offeror’s Proposal. General statements without supporting documentation are not encouraged. Documents should be double sided on recycled paper, and easy to copy/scan (no bound material, clips, etc). Paper should be white or extremely light paper without dark backgrounds. Enhance electronic images for pages with a poor image quality.

4.5 Proposal Organization

Offeror’s Proposal should be submitted in a binder (3 ring binder(s) preferred) with all material clearly labeled or, such other organization that will facilitate the committee members’ evaluation. Offerors must respond to every item listed within Sections 3 and 4 – Offeror Response Format. For ease of evaluation and review, Offerors should label their Proposal with the corresponding number for each question or request for information.

4.6 Conflicts With Terms And Conditions Or Requirements

Offeror must review the attached Model Contract and list any exceptions or confirm that no exceptions are taken to the Model Contract. Exceptions to the Model Contract must be accompanied by alternative or substitute language, which would be acceptable to the Offeror. Conflicts with stated requirements must be noted in the corresponding paragraphs within the Offeror’s response format. Additional terms or conditions proposed by Offeror for consideration must be provided with a reference to the corresponding paragraph of the Model Contract. References may direct reviewers to appendices within Offeror’s response.

Proposal Evaluation

An Evaluation Committee will judge the merit of Proposals timely received in accordance with the criteria outlined in the Offeror Response Format section of this RFP.

This section supplements paragraph 3.8, “Evaluation and Award,” in the Colorado Solicitation Instructions/Terms and Conditions that are available through the link on BIDS.

5.1 Evaluation Process

OIT will undertake an intensive, thorough, complete and fair evaluation process. All Offerors shall be afforded fair and equal treatment throughout the evaluation process.

5.2 Evaluation Committee

Each Evaluation Committee member will independently evaluate the merits of Proposals received in accordance with the evaluation factors stated within this RFP, followed by discussion of the entire Evaluation Committee. The sole objective of the Evaluation Committee will be to recommend for award the Proposal(s) determined most advantageous to the State.

5.3 Basis For Award

The purpose of this RFP is to solicit Proposals for the goods/services specified herein. The requirements stated within this RFP represent the minimum performance requirements necessary for response as well as desired elements of performance. All Proposals must meet the mandatory minimum requirements established by this RFP to be eligible for award.

Evaluation and award will be based on the following factors, in decreasing order of importance:

1. TECHNICAL/ REQUIREMENTS

2. EXPERIENCE/MANAGEMENT

3. COST

5.4 Evaluation Based On Initial Proposals

OIT reserves the right to make an award(s) on receipt of initial Proposals, so Offerors are encouraged to submit their most favorable Proposal at the time established for receipt of Proposals.

Proposals requiring major revision in order to be considered for any award, or otherwise not meeting the mandatory or other requirements required for further consideration as specified in this RFP, may be classified as unacceptable and ineligible for further consideration.

The technical aspects of Proposals will be assessed based on the soundness of the Offeror’s approach and the Offeror’s understanding of the requirement.