RFP 2026000143 Newborn Screening Program Instrumentation and Reagents.pdf

Version 7/26/2023

Request for Proposal (RFP)

Division of Disease Control and Public Health Response

(DCPHR)

Newborn Screening Program Instrumentation and Reagents

RFP #2026000143

This solicitation contains instructions governing the proposal to be submitted and the material to be included therein, mandatory requirements, which must be met to be eligible for consideration; and other requirements to be met by each proposal.

I. BACKGROUND AND PURPOSE

A. Background The Colorado Department of Public Health and Environment laboratory conducts research and testing to protect and improve the lives of its citizens. The Newborn Screening Program (NBS) is required to process, test and report samples from all of the children born in the states of Colorado and Wyoming. The Recommended Uniform Screening Panel (RUSP) is a list of disorders that the Secretary of the Department of Health and Human Services (HHS) recommends for states to screen as part of their state universal newborn screening (NBS) programs.

The US National Library of Medicine states “Newborn screening is the practice of testing all babies in their first days of life for certain disorders and conditions that can hinder their normal development. The conditions included in newborn screening can cause serious health problems starting in infancy or childhood. Early detection and treatment can help prevent intellectual and physical disabilities and life-threatening illnesses

Newborn screenings require specific supplies and equipment such as screening assays, or reagents and laboratory equipment/firmware and software to run the analyses.

Additionally, services such as technical support for staff training and preventative equipment maintenance and repair ensure equipment remains in working order.

This RFP is intended to address CDPHE’s needs not only as they exist today but also as they evolve. It encompasses current instruments, methodologies, and workflows while allowing for the integration of emerging technologies, future capabilities, and anticipated advancements that may reshape operational requirements over time.

B. Purpose The purpose of this RFP is to solicit responses from qualified Offerors for instrumentation, instrument maintenance plans, analytical methods, and reagents necessary for identifying disorders and confirming second‑tier test results from newborn dried blood spot specimens for the CDPHE laboratory.

This project is expected to be an instrument purchase or instrument reagent loan agreement, wherein, the instrument is provided at no cost other than the purchase of reagents, sample collection devices, controls and maintenance plans.

For the purpose of this RFP, this project has been broken into eight (8) workflows.

Offerors can bid on one or more of the workflows.

a. Cystic fibrosis initial screening (75,000 samples annually)

b. Endocrine disorders initial screening (140,000 samples annually)

c. Endocrine disorders second tier screening (30,000 samples annually)

d. Galactosemia disorder (75,000 samples annually)

e. Genetic metabolic and X-ALD disorders (75,000 samples annually)

f. Hemoglobinopathies initial screening (75,000 samples annually)

g. Hemoglobinopathies second tier screening (15,000 samples annually)

h. Lysosomal storage disorders (75,000 samples annually)

II. SOLICITATION SCHEDULE OF ACTIVITIES:

Solicitation Activity Time Date

1.

Solicitation Published on Colorado VSS System www.colorado.gov/vss and www.bidnetdirect.com//cdphe

N/A 2/11/26

2.

Prospective Offerors written inquiry deadline. Submit all inquiries by email to Kristi Gamble@ Kristi.gamble@state.co.us.

(No Questions will be accepted after this Date/Time)

2:00 PM

MDT

2/19/26

3.

Answers to written inquiries published on Colorado VSS at www.colorado.gov/vss and www.bidnetdirect.com//cdphe

Estimated 2/23/26

4. Proposal submission deadline

2:00 PM

MDT

3/12/26

5. Evaluation Period Estimated Week of 3/16/26

6. Estimated Purchase Order Effective Dates N/A 5/1/26

III. PROPOSAL TECHNICAL ASSISTANCE

A. INVITATION TO SUBMIT PROPOSALS:

Please be advised that the Colorado Vendor Self Service (VSS) and BidNet Direct (BidNet) websites are the official sites for all Solicitation information, including Addenda and Modifications.

Though not a requirement, Respondents are encouraged to become a member of VSS and BidNet Direct prior to the submission deadline. Solicitations for most Colorado State Agencies (Agencies), including CDPHE, are posted on VSS. The VSS Help Desk is available Monday through Friday, 8:00 a.m. to 5:00 p.m., local time, phone, 303-866- 6464 or email, VSSHelp@state.co.us.

Solicitation details posted on VSS by Agencies for goods, services, and construction are public and do not require registration to view. Should a company opt to register with VSS, it may elect to receive automatic notification in categories of interest.

Additionally, there is no cost to register on VSS. However, per Procurement Rule 24- 102-202.5-04, Respondents need not be registered with VSS in order to be deemed responsive to this RFP, however, an Offeror must have a current registration on VSS in order to be awarded under this solicitation.

In an effort to expand the potential pool of Respondents to this RFP thus providing the best value for the State, CDPHE is also posting this RFP on BidNet Direct at the link available in the Schedule of Activities or Exhibit A Submission Instructions.

Respondents do not need to register on BidNet or pay funds to access the solicitation.

An Offeror must have a current registration on VSS in order to be awarded under this solicitation; however, vendors do not need to be registered to view the solicitation http://www.colorado.gov/vss http://www.colorado.gov/vss documents. There is no cost to register on Colorado VSS. To become a registered supplier on VSS, please visit colorado.gov/vss.

B. SOLE POINT OF CONTACT

The Procurement Contact for this solicitation is:

Kristi Gamble Purchasing Agent Email: kristi.gamble@state.co.us

The individual listed above is the sole point of contact for this solicitation. Initiating contact with anyone other than this individual may result in Offeror disqualification.

C. SUBMISSION INSTRUCTIONS:

Proposals must be received on or before the due date and time as indicated in the Schedule of Activities. Late proposals will not be accepted.

EMAILED PROPOSALS WILL NOT BE ACCEPTED

For this solicitation, vendors can submit responses either electronically via BidNet or by hard copy.

Refer to Exhibit A Submission Instructions.

D. INQUIRIES:

1. Offerors may submit written inquiries via email concerning this solicitation to obtain clarifications. The State may not accept inquiries after the date and time indicated in the Schedule of Activities. Send all inquiries to the Procurement Contact identified in Section III. B. above. Inquiries must be clearly marked with the RFP number and title. Where appropriate, inquiries should include references to any relevant Section/paragraph of the solicitation.

2. Responses to Offerors inquiries will be published collectively, as a modification on Colorado VSS. Offerors shall not rely on any verbal statements that alter any specification or other term or condition of the solicitation. Such changes are valid only if provided in writing by the Procurement Contact.

IV. PROJECT ELEMENTS

A. Project Timeline The anticipated start date for the executed purchase orders is May 1, 2026 with the initial term of May 1, 2026 to April 30, 2027. At the sole discretion of the State, and depending upon funding and Offeror performance, CDPHE may renew the agreement for up to nine (9) additional one (1) year periods, not to exceed ten (10) years total. At the sole discretion of the State, the CDPHE may modify the dates of the agreement.

B. Budget The estimated total budget of the initial five (5) year contract for this project is $15,500,000 with estimated budgets detailed below:

July 1, 2026 – June 30, 2027 – Initial term Instrumentation and Reagents - $2,900,000

July 1, 2027 – June 30, 2028 – Second term

1. Reagents - $2,853,000

2. Maintenance - $236,000

The annual budgets for consecutive years are estimated to include a 3% increase for reagents and maintenance.

At the sole discretion of the State, CDPHE may modify the estimated individual service or total budget, depending upon funding availability and Offeror performance.

C. Specifications

The successful Offeror shall provide goods/services for the workflow for which they are bidding.

1. Instrumentation and Reagents for Initial Screenings

a. Instrumentation

i. Shall provide a minimum of two (2) instruments to provide backup in the event of instrument failure

ii. Instrument shall have capacity to test 140,000 samples per year

iii. Instrument must be able to complete testing of up to 500 samples in a 24-hour period. Sample preparation shall take no longer than a standard eight (8) hour workday.

iv. Sample requirements must be 3.2 mm blood spot punch from a newborn.

v. Instrument shall meet all required electrical codes.

b. Reagents

i. Reagents shall constitute all vendor proprietary chemicals, plates, controls, calibrators and other items required by the vendor to comply with the FDA approved testing method. If reagents are not FDA cleared, vendor will provide manufacturing certifications (ISO, CLIA, CAP or other) or timeline for completion of FDA clearance.

ii. Common third-party lab accessories will not be the responsibility of the vendor unless proprietary to the instrument. Examples of common third-party lab accessories include: pipettors, pipette tips, troughs, and glassware.

c. Installation, Validation and Training

i. Delivery, instrument installation, calibration and validation shall be performed by a qualified service technician and included in the bid price.

ii. On-site training, including providing operating materials, shall be included in the bid price.

iii. Offeror must be able to supply all required reagents to run testing.

d. Additional Requirements

i. Provide a computer that interfaces with the Colorado State server network.

ii. Instrumentation will accept worklists and generate export files to laboratory information management systems (LIMS).

iii. Minimum of 15 software licenses

iv. Provide technical support for instruments, software, kits, reagents and other supplies

2. Reagents for 2nd Tier Testing

a. Reagents shall constitute all vendor proprietary chemicals, plates, controls, calibrators and other items required by the vendor to comply with the FDA approved testing method. If reagents are not FDA cleared, vendor will provide manufacturing certifications (ISO, CLIA, CAP or other) or timeline for completion of FDA clearance.

V. OFFEROR REQUIREMENTS

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

B. Mandatory Requirements

In order to submit a proposal for this solicitation, the Offeror shall meet all of the requirements listed below for the instrumentation solution and corresponding workflow for which they are bidding.

1. Instrumentation and Reagents

a. Must manufacture or sell instrumentation and consumables that meet the specifications in Section IV.C.1. above.

b. FDA clearance is a preferred condition for the testing method. If no FDA cleared method is available methods that are in the process of obtaining FDA clearance are preferred. Instruments used for FDA clearance or in the process of obtaining FDA clearance will be preferred.

d. Methods must meet CLIA requirements for Quality Assurance (QA), Quality Control (QC) and traceability of specimens.

e. Instrumentation shall have the ability to run up to 140,000 samples annually and be operational for six (6) days per week.

f. The required instrument delivery date is prior to October 31, 2026.

2. Reagents for 2nd Tier Testing

a. Must manufacture or sell consumables that meet the specifications in Section IV.C.2. above.

b. Expiration dates for reagents shall not exceed 6 months beyond delivery date.

c. It is preferred that the proposed reagents and methods can be used to test Congenital Hypothyroidism and Hemoglobinopathies.

C. Budget

The Offeror shall include all costs necessary to successfully complete the project.

Use actual costs for each area, not estimates.

VI. SUBMITTAL REQUIREMENTS

Responses shall be submitted as specified in this section. Any confidential or proprietary information included in the Offerors’ proposal shall conform to the requirements listed in Administrative Section IX. A. 5. NOTE: Proposals that fail to follow ALL of the requirements may not be considered.

A. Submission Instructions Unnecessarily elaborate proposals are not desired.

1. The Purchasing Unit requires that proposals, with the exception of Attachment 1, be submitted on a flash drive and not in hard copy.

2. All materials submitted shall become the property of CDPHE and will not be returned unless the solicitation is canceled prior to the submittal due date, in which case proposals will be returned unopened or opened only for identification purposes.

B. Required Documentation All proposals must include the following:

1. RFP Signature Page/Confirmation of Offer Form (Attachment 1)

A completed and signed form must be submitted with the response. MUST be completed and signed in ink or via digital signature by a person who is legally authorized to bind the Offeror to the proposal.

2. Organizational Summary

Offeror shall submit a brief organizational overview that includes years in business and areas of expertise, specifically relevant to the requirements of this solicitation.

3. Experience and Qualifications Summary

Offeror shall submit a narrative detailing how they meet the requirements for the instrument solution and corresponding workflow being bid upon.

a. Instrumentation and Reagents

i. How the proposed instrument, method and reagents meet the specifications in Section IV.C.1. above.

ii. How the proposed instrument, methods and reagents meet the requirements in Section V.B.1. above.

b. Reagents for 2nd Tier Testing

i. How the proposed methods and reagents meet the specifications in Section IV.C.2. above.

ii. How the proposed methods and reagents meet the requirements in Section V.B.2. above.

4. Budget Offeror shall submit a detailed quote and/or narrative for each workflow being proposed. All costs submitted shall include shipping and delivery.

a. Instrumentation and Reagents

Any quote for instrumentation shall include the cost of all components needed for installation and operation. The supporting budget narrative should list the instrument; the cost of reagents and equipment needed for each work flow listed. It should also include any requirements for testing and auxiliary equipment required but not provided by the vendor.

Responses to this request may include one or both of the following:

i. Pricing based upon sale of equipment and service contracts to CDPHE.

ii. Pricing for the establishment of a reagent-rental arrangement, whereby the contractor provides the equipment and CDPHE pays a fixed price for each unit of reagents and supplies necessary to perform testing.

b. Reagents for 2nd Tier Testing The budget narrative should list the cost of reagents and equipment needed for each workflow listed. It should also include any requirements for testing and auxiliary equipment required but not provided by the vendor.

This RFP will result in a “fixed-price” contract. Use actual costs not estimates.

5. References Offeror shall provide two (2) references, from previous clients, where the Offerors experience can be confirmed. Include dates and a brief description of the services provided. For each reference, provide current contact information and position in the company of a person who can confirm that the work was completed.

VII. EVALUATION AND AWARD

A comprehensive, thorough, complete and impartial evaluation of each proposal received will be conducted in accordance with §24-103-203(7), C.R.S, which states, “The award shall be made to the responsible Offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration the price and evaluation factors set forth in the request for proposal.”

The Evaluation Committee will review and score each of the proposals based on the evaluation factors set forth in the request for proposals. Numerical rating systems may be used. Factors not specified in the request for proposals shall not be considered.

Offerors should submit their most favorable response as the initial response and not assume there will be an opportunity for discussions. All proposals will receive fair and equal treatment.

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, 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. The State may use all information available regarding past performance as defined in C.R.S. §24- 102-205 et.seq.

A. Resident Bidder Preference: When a contract for commodities or services 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.

B. 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.

C. Award: CDPHE reserves the right to award a single Offeror or multiple Offerors.

The award will be made to the Offeror(s) whose proposal conforms to the RFP and is determined to be most responsive, responsible, and advantageous to the State of Colorado. The proposal(s) 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.

D. Single Proposal: If only one bid or proposal is received in response to a solicitation, an award may be made to the single bidder or Offeror if the procurement official finds that the price submitted is fair and reasonable and that other prospective bidders or Offerors had a reasonable opportunity to respond. Reference Procurement Rule R- 24-103-201-02(d).

E. Evaluation Factors:

The evaluation factors are:

1. Attachment 1 Vendor Information-Confirmation of Offer Form:

Attachment 1 is required but will not be rated.

2. Organizational Summary:

The organizational summary will be evaluated on how well the summary indicates the strength, stability and relevant expertise of the organization.

3. Experience/Qualifications:

The experience and qualifications narratives will be evaluated based on the following:

a. Instrumentation and Reagents

i. The extent of detail supporting each of the specifications

ii. The extent of detail supporting each of the requirements

b. Reagents for 2nd Tier Testing

i. The extent of detail supporting each of the specifications

ii. The extent of detail supporting each of the requirements

c. Additional evaluation considerations

i. Preference will be given to multiplexed assays that meet requested and current workflows tested by the program.

ii. Preference will be given to FDA cleared methods and/or methods in the process of FDA clearance.

iii. Does the method(s) require facility upgrades to implement?

iv. What is the integration cost to transfer data?

4. Budget:

The budget will be evaluated based on whether the proposed costs are reasonable, necessary to complete all activities of the project and provides the best value to the State of Colorado.

5. References References if contacted, will be used to verify projects, and may or may not be contacted.

6. Demonstrations and Discussions At the conclusion of the evaluation of responses, the evaluation committee may, if it deems necessary, request clarifications, conduct discussions or oral presentations, or request best and final offers. Discussions may be held with responsible Offerors whose proposals are determined to be reasonably susceptible to be selected for award.

The evaluation committee may adjust its scoring based on the results of such activities. If demonstrations and discussions are scored separately, those scores will be combined with the proposal scores for final determination.

However, proposals may be reviewed and determinations made without such activities. Offerors should be aware that the opportunity for further explanation might not exist; therefore, Offerors should ensure that their submission is complete, and are encouraged to submit their best possible proposal, including pricing.

Failure to provide any information requested in the RFP may result in the disqualification of the submittal. This responsibility is that of the Offeror.

VIII. ATTACHMENTS AND EXHIBITS

A. Attachment 1: Vendor Information-Confirmation of Offer Form.

B. Exhibit A: Submission Instructions C. Exhibit B: Colorado Personal Services Contract Template D. Exhibit C: State of Colorado Purchase Order Terms and Conditions E. Exhibit D: Draft Statement of Work F. Exhibit E: List of Conditions

IX. ADMINISTRATIVE INFORMATION

A. Solicitation

1. ISSUING OFFICE: This Request for Proposal (RFP) is issued by the Colorado Department of Public Health and Environment (CDPHE), also referred to as the "State", Purchasing and Contracts Section for the benefit of the Division of Disease Control and Public Health Response.

2. PURPOSE: This solicitation process may include reference checks, proposer interviews, and proposal clarification sessions. This solicitation 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 goals of this solicitation.

3. MODIFICATIONS AND/OR SUPPLEMENTAL INFORMATION TO THE

SOLICITATION: Any modifications, amendments or supplemental information to the solicitation will be published on Colorado VSS. A modification notice will be published on Colorado VSS in the event that it becomes necessary to revise any part of this solicitation. It is the Offerors sole responsibility to check Colorado VSS on a regular basis, prior to the proposal submission deadline, as this is the primary means for communicating any clarifications or changes to solicitation content, timeline and/or requirements.

4. MODIFICATION OR WITHDRAWAL OF PROPOSALS: Proposals may be modified or withdrawn by the Offeror prior to the established due date and time.

5. CONFIDENTIAL/PROPRIETARY INFORMATION: Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself. Requests for confidentiality shall be submitted by the Offeror in writing with the proposal.

a. Any materials requested to be treated as Confidential and/or Proprietary information are to be packaged separately and clearly identified.

b. Confidential/proprietary information must be readily identified, marked and separated 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 information will be considered confidential and proprietary.

c. Any information that will be included in any contract resulting from the solicitation cannot be considered confidential.

d. Such request must include justification for the request. The Offeror must state specifically what elements of the proposal are to be considered confidential/proprietary.

e. The Purchasing Unit shall determine the validity of any written request for confidentiality.

f. The written decision of the Purchasing Director will be sent to the Offeror.

g. If the parties do not agree as to the disclosure of data, the Purchasing Director shall inform the Offeror in writing what portions will be disclosed.

h. If denied, the proposer will have the opportunity to withdraw its entire proposal, or to remove the restrictions. (Ref §24-72-201 et seq., C.R.S., as amended, Public [open] Records)

6. SOLICITATION RESPONSE MATERIAL OWNERSHIP: The State of Colorado has the right to retain the original proposal and other solicitation response materials for our files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate.

a. Proposal materials may be reviewed by any person after the “Notice of Intent to Make an Award” has been issued, subject to the terms of §24- 72-201 et seq., C.R.S., as amended, Public (open) Records.

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

c. Offeror 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.

7. PROPOSAL PRICES: Estimated proposal prices are not acceptable. Proposal prices should be best and final offer, unless otherwise stated in the solicitation. The proposal price will be considered in determining the apparent successful Offeror. Proposals shall be firm for a period of not less than one-hundred-eighty (180) calendar days.

8. ORAL PRESENTATIONS/SITE VISITS: Offerors may be asked to make oral presentations or to make their facilities available for a site inspection by the evaluation committee. Such presentations and/or site visits will be at the Offerors expense.

B. ADMINISTRATIVE INFORMATION AND CERTIFICATIONS:

1. ACCEPTANCE OF SOLICITATION TERMS/OFFEROR PROPOSAL CONTENT: An Offerors proposal submitted in response to this solicitation shall constitute a binding offer. The signature of the Offeror shall indicate acknowledgment of this condition. Signature shall be that of a person legally authorized to execute contractual obligations. The proposal, including pricing, shall allow for a minimum of 180 calendar days for acceptance by the State, unless otherwise specified in this solicitation.

Reference Procurement Rule R- 24-103-201-11(d).

a. The contents of the proposal of the awarded Offeror will become contractual obligations under the awarded Contract. Failure of the awarded Offeror to accept these obligations may result in cancellation of the award to that Offeror.

b. A submission in response to this solicitation acknowledges acceptance by the Offeror of all terms and conditions, including compensation, and insurance requirements, as set forth herein.

c. An Offeror shall identify clearly and thoroughly any variations between the Offerors proposal and the State's solicitation. 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 solicitation.

d. The Colorado Department of Public Health and Environment (CDPHE) is not required to accept nor agree to alternate or additional terms and conditions.

2. SOLICITATION CANCELLATION: The State reserves the right to cancel this solicitation at any time, without penalty.

3. REJECTION OF PROPOSALS: The State of Colorado reserves the right to reject any or all proposals received in response to this solicitation, 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 of Colorado.

4. ACCEPTANCE OF PROPOSAL CONTENT: The contents of the proposal (including persons specified to implement the project) of the successful Offeror will become contractual obligations if acquisition action ensues.

Failure of the successful Offeror to accept these obligations in a contract, purchase document, delivery order or similar acquisition instrument may result in cancellation of the award and such Offeror may be removed from future solicitations.

5. PROTESTED SOLICITATIONS AND AWARDS: Any actual or prospective Offeror or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the CDPHE Purchasing Director. The protest shall be submitted in writing within ten (10) business days after when such aggrieved person knows, or should have known, of the facts giving rise thereto. (Ref §24-109, 101 et. seq., C.R.S., as amended; §24-109, 201 et.

seq., C.R.S. as amended; §R-24-109-101 through R-24-109-206, Colorado Procurement Rules)

6. AWARD OF CONTRACT: The award will be made to that Offeror whose proposal, conforming to the solicitation, has been determined to be most responsive and responsible to the State of Colorado, price and other factors considered.

a. A contract must be completed and signed by all parties.

b. In the event the parties are unable to enter into a contract; the State may elect to rescind the "Notice of Intent to Award" communication and make the award to the next most responsive and responsible Offeror.

7. STANDARD CONTRACT: A draft Contract is included as an exhibit to this solicitation.

a. Offerors are instructed to review the attached draft Contract and submit any proposed modifications or redlines with their proposal. The decision to reject, accept, or further negotiate any requested changes will be at State’s discretion. If an Offeror normally seeks counsel on Contract terms, they are advised to do so before submitting a proposal in response to this solicitation.

b. In the event an Offerors requested modifications violate State law, regulation, or policy, or would otherwise not be justifiable as being in the best interest of the State, the State may make a determination that an Offerors proposal is no longer responsive and therefore ineligible for award.

c. The State of Colorado will incorporate standard State contract provisions (Special Provisions) into any contract resulting from this solicitation.

8. INSURANCE: Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Contract. All insurance policies required by this Contract shall be issued by insurance companies as approved by the State.

a. Workers’ Compensation

Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Contractor or Subcontractor employees acting within the course and scope of their employment.

b. General Liability

Commercial general liability insurance 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.

c. Automobile Liability

Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit.

d. Additional Insured

The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Contractor and Subcontractors.

e. Primacy of Coverage

Coverage required of Contractor and each Subcontractor shall be primary over any insurance or self-insurance program carried by Contractor or the State.

f. Cancellation

The above insurance policies shall include provisions preventing cancellation or non-renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Contractor and Contractor shall forward such notice to the State in accordance with §14 within seven days of Contractor’s receipt of such notice.

g. Subrogation Waiver

All insurance policies secured or maintained by Contractor or its Subcontractors in relation to this Contract shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Contractor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers.

h. Public Entities

If Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”), Contractor shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Contractor shall ensure that the Subcontractor maintain at all times during the terms of this Contract, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.

i. Certificates

Contractor shall provide to the State certificates evidencing Contractor’s insurance coverage required in this Contract within seven Business Days following the Effective Date. Contractor shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Contract within seven Business Days following the Effective Date, except that, if Contractor’s subcontract is not in effect as of the Effective Date, Contractor shall provide to the State certificates showing Subcontractor insurance coverage required under this Contract within seven Business Days following Contractor’s execution of the subcontract.

No later than 15 days before the expiration date of Contractor’s or any Subcontractor’s coverage, Contractor shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Contract, upon request by the State, Contractor shall, within seven Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section.

9. CONTRACT CANCELLATION: CDPHE reserves the right to cancel, for cause, convenience, or lack of fiscal funding, any contract resulting from this solicitation by providing timely notice to the contractor.

10. STATE OWNERSHIP OF CONTRACT PRODUCTS/SERVICES: All products/services produced in response to the contract resulting from this solicitation will be the sole property of the State of Colorado, unless otherwise noted in the solicitation.

11. INCURRING COSTS: The State of Colorado is not liable for any cost incurred by Offerors 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.

12. NON-DISCRIMINATION: The Offeror shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, disability, sexual orientation, national origin, age or sex.

13. 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 must be provided.

14. NEWS RELEASES: No news releases pertaining to this solicitation shall be made prior to execution of the contract without prior written approval of

CDPHE.

15. CONFIDENTIAL STATE INFORMATION:

Offeror(s) acknowledge that:

a. They may come into contact with confidential information contained in the records or files of the State in connection with any resulting contract or in connection with the performance of its obligations under any resulting contract.

b. The awarded Offeror(s) shall keep such records and information confidential and shall comply with [specific statutory citations (if any) and,] all laws and regulations concerning the confidentiality of such records to the same extent as such laws and regulations apply to the State.

c. The awarded Offeror(s) shall notify its employees that they are subject to the confidentiality requirements as set forth above, and shall provide each employee with a written explanation of the confidentiality requirement before the employee is permitted access to confidential data.

d. Awarded Offeror(s) shall provide and maintain a secure environment that ensures confidentiality. The confidentiality of all information will be respected and no confidential information shall be distributed or sold to any third party nor used by awarded Offeror(s) or its assignees and/or subcontractors in any way except as authorized by this contract. Confidential information shall not be retained in any files or otherwise by awarded Offeror(s).

e. Disclosure of such information may be cause for legal action against the awarded Offeror(s). Defense of any such action shall be the sole responsibility of the awarded Offeror(s). Unless directed otherwise, awarded Offeror(s) is required to keep all State information in a secure, confidential manner.

16. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By its signature on the cover page, the Offeror certifies that the prices and other terms in the proposal have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the proposal by any other competing Offerors. For purposes of this paragraph, "consultation, communication, agreement with, or knowledge" does not include knowledge of prices or terms gained through availability of established price lists or catalogues made available to the public by the competing Offerors. 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 restricting competition. Reference §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992) as amended.

17. CONFLICT OF INTEREST: The Offeror must disclose in its proposal any potential or actual conflict of interest in connection with a response to this solicitation. A conflict of interest may include, but is not limited to, access to any non-public information by the Offeror regarding the solicitation or its subject matter.

a. The Offeror acknowledges that even the appearance of a conflict of interest may be harmful to the State’s interests. The Offeror shall disclose in its proposal whether there currently is, or potentially could be, the appearance of a conflict of interest regarding this solicitation, its staff, any proposed subcontractors or partners, or any related business with the State.

b. Requirements set forth in this Section are continuing requirements throughout the solicitation process and, for the awarded Offeror, the Contract term, including any extensions. Reference §24-18-201, C.R.S., et seq. (Proscribed Acts Related to Contracts and Claims); §24-50-507, C.R.S.(Conflict of Interest); §18-8-301, C.R.S., et seq. (Bribery and Corrupt Influence); §18-8-401, C.R.S., et seq. (Abuse of Public Office);

§6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992); §24-109- 105, C.R.S .(Debarment and Suspension); and Procurement Rule R-24- 101-107-01 (Ethics).

18. TAXES: CDPHE, 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 (Ref. Colorado Revised Statutes Chapter 39-26.114(a)).

a. CDPHE’s Colorado State and Local Sales Tax Exemption Number is 98- 02565.

b. Offeror is hereby notified that when materials are purchased in certain political sub-divisions (for example in the City of Denver) the Offeror 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.

19. ASSIGNMENT AND DELEGATION: Except for assignment of antitrust claims, neither party to any resulting contract may assign or delegate any portion of the contract without the prior written consent of the other party.

20. AVAILABILITY OF FUNDS: Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the State of Colorado.

21. PERFORMANCE OUTSIDE THE STATE OF COLORADO AND/OR THE UNITED

STATES:

The following language regarding performance outside the state of Colorado and/or the United States shall be included in all contracts resulting from this announcement.

[Not applicable if Contract Funds include any federal funds]

Following the Effective Date, Contractor shall provide written notice to the State, in accordance with the Notices and Representatives provision, 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 provision shall be posted on the Colorado Department of Personnel & Administration’s website.

Knowing failure by Contractor to provide notice to the State under this provision shall constitute a material breach of this Contract.