Version 9/19/2025

Request for Proposal (RFP)

Division of Environmental Health and Sustainability Medication Management and Disposal

RFP # 2026000169

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 (“CDPHE” or “department”) manages the Colorado Household Medication Take-Back Program (“program”). The program provides the public with a convenient, environmentally sound disposal option for unwanted and unused household medications. The program currently consists of 174 secure collection receptacles at law enforcement agencies and Drug Enforcement Administration (DEA)-registrants (with properly amended registrations), including retail pharmacies and hospitals/clinics with on-site pharmacies across Colorado, reaching 61 counties.

Since 2016, the program has accepted over 144,000 pounds of unused medications from household settings that include prescription medications, prescribed controlled substances, along with over-the-counter medications, medication samples, pet medications, vitamins, liquid medications in small volume glass or leak-proof containers, medicated ointments/lotions, and inhalers.

Approved collection sites include law enforcement agencies and Drug Enforcement Administration (DEA)-registrants (with properly amended registrations), including retail pharmacies, hospitals/clinics with on-site pharmacies.

The goals of the department, if adequate funding is available, is to maintain the program and to add new approved collection sites as needed.

B. Purpose The purpose of this RFP is to solicit responses for medication collection and disposal services to support the Colorado Household Medication Take-Back Program’s maintenance of existing collection sites, authorized to accept prescribed controlled substances, along with other prescribed and over-the-counter medications. The department will add new approved collection sites to the program as need is identified, but maintenance and service to existing bins is the primary focus of this RFP.

The department will only consider the installation of permanent collection receptacles with medications acquired for disposal through shipping via common or contract carrier. The department will consider disposal facilities that render medications non-retrievable for purposes of diversion, are determined to be cost-effective, and are properly permitted to accept pharmaceutical waste, including controlled substances.

Municipal solid waste landfills are not considered to be acceptable disposal facilities for medications collected in the program.

II. SOLICITATION SCHEDULE OF ACTIVITIES:

Solicitation Activity Time Date

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

2/25/2026

Written Inquiry deadline. Submit all inquiries by e-mail to Allan Smith at allan.smith@state.co.us

2:00 PM

MDT

3/9/2026

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

2:00 PM

MDT 3/16/2026

Bid submission deadline 2:00 PM

MDT 3/31/2026

Evaluation Period Week of 4/6/2026

Estimated Contract Effective Date 7/1/2026

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 http://www.colorado.gov/vss http://www.bidnetdirect.com/cdphe mailto:allan.smith@state.co.us http://www.colorado.gov/vss http://www.bidnetdirect.com/cdphe mailto:VSSHelp@state.co.us 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 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:

Allan Smith Purchasing Unit Supervisor

Email: allan.smith@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:

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 and BidNet. 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 BUDGET, TIMELINE AND DESCRIPTION OF SERVICES

A. Budget The CDPHE annual budget for this project is approximately $300,000.00 per year.

The total budget for the five-year period is not expected to exceed $1,500,000.00 unless additional funding becomes available. At the sole discretion of the State, CDPHE may modify the budget, depending upon funding availability and proposer performance.

B. Project Timeline

The anticipated start date for the executed contract is 7/1/2026, with the initial contract period of 7/1/2026 to 6/30/2027. At the sole discretion of the State, and depending upon funding and Offeror performance, CDPHE may renew the agreement for up to four (4) additional one (1) year periods, not to exceed five

(5) years total. At the sole discretion of the State, the CDPHE may modify the dates of the contract.

C. Description of Services The successful Offeror will be referred to as the “medication disposal contractor” for purposes of work description. The medication disposal contractor will install household medication collection receptacles at approved collection sites designated by the department’s program coordinator. In some situations, it will be more practical for the medication disposal contractor to ship collection receptacles to approved collection sites for installation by approved collection site owners/operators. This will be allowed by the department’s program coordinator if clear, detailed installation instructions are provided. The medication disposal contractor will acquire deposited medications for disposal through shipping from approved collection sites via common or contract carrier.

The medication disposal contractor will destroy, or arrange for destruction, of collected medications at a disposal facility. If the medication disposal contractor needs to temporarily store medications prior to transporting them to a disposal facility, the storage location must be a hazardous waste transfer facility and must be a DEA-registered location of the medication disposal contractor. All medications must be destroyed at a disposal facility no later than 30 calendar days after being acquired from an approved collection site, and monthly reports documenting this process must be provided to CDPHE that are accurate and complete.

Each step from collection through ultimate disposal must be done in a manner that is secure; designed to eliminate opportunities for diversion; and, complies with all applicable local, state and federal laws and regulations.

The Scope of Work consists of the following major activities that the successful Offeror shall perform to assist the department.

The successful Offeror shall:

1. Attend a kick-off meeting, no later than one month from the contract effective date.

2. Provide the following to each department new approved collection site:

a. a collection receptacle

b. start-up materials.

3. Obtain written confirmation of collection receptacle installation from a collection site owner/operator.

4. Provide all department-designated collection sites with materials needed for on-going delivery of medications to the Contractor’s DEA-registered facility for subsequent destruction, for the duration of this contract.

a. Supplies provided must match size requirements of existing collection receptacles, and replacement bundle components should be provided to collectors as needed.

5. Arrange for the pickup and recycling for closed collection locations, or the relocation of the kiosk to a new location as needed, to be designated by the department’s program coordinator.

6. Maintain the facilities and procedures that the Contractor has in place for acquisition, storage, and destruction of sealed inner liners containing medications collected in collection receptacles and at medication take-back events.

7. Provide liner bundles to law enforcement agency collection sites conducting household medication take-back events.

8. Create monthly reports and invoices utilizing templates or instructions provided by the department’s program coordinator.

(See Exhibit C, Draft Statement of work for more detail on each activity)

D. Draft Statement of Work Exhibit C This Draft Statement of Work describes the deliverables sought through this RFP and the scope of what the awarded Offeror will be expected to offer through the contract resulting from this RFP. The Draft Statement of Work is intended to provide interested Offerors with sufficient basic information to submit a proposal. It is not intended to limit a proposal’s content or exclude any relevant or essential data. The Draft Statement of Work is a “draft”. The State reserves the right to incorporate changes based on proposals submitted by the Offerors and other factors.

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. Minimum Requirements

In order to be considered responsive, an Offeror shall meet the following qualifications.

1. The Scope of Work describes procedures required of an Offeror that is a DEA-registered reverse distributor. An Offeror that is not a DEA-registered distributor must submit a plan describing how they will implement the Scope of Work activities to achieve the department’s goals while complying with all applicable local, state, and federal laws and regulations including the DEA Rule for Disposal of Controlled Substances (21 CFR Parts 1300, 1301, 1304, et al). The plan must describe how medication collection, acquisition, and disposal services will be provided for approved law enforcement and DEA-registrant collection sites.

2. Offerors employees assigned to the project shall pass employee criminal background checks.

3. Offeror must be a Registered Hazardous Waste Transporter, with a minimum of three (3) years’ experience as a hazardous waste transporter, if transporting medications acquired from approved collection sites.

4. Offeror must have at least three (3) years’ experience in medical, pharmaceutical, and/or hazardous waste disposal.

C. Experience and Qualifications

1. Offeror shall have a minimum of three (3) years’ experience in medical, pharmaceutical, and/or hazardous waste disposal.

2. Offeror shall be a Registered Hazardous Waste Transporter

3. Offeror shall possess a minimum of three (3) years’ experience as a hazardous waste transporter, if transporting medications acquired from approved collection sites shall have adequate personnel with the necessary credentials and training to successfully complete the activities in the Statement of work (Exhibit C) and the requirements of this RFP.

a. Personnel assigned to this project must have experience:

i. Drivers employed by the Offeror to transport collected medications shall have a Commercial Driver’s License with a hazardous materials endorsement.

ii. All Employees assigned to this project shall pass employee criminal background checks.

4. Offeror shall have successfully managed a minimum of two projects of similar size and scope within the past 3 years.

D. Budget (Attachment 2) 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. B. 7. NOTE: Proposals that fail to follow ALL of the requirements may not be considered.

A. Submission Instructions Unnecessarily elaborate proposals are not desired.

1. Proposals submitted either in hard copy or electronically will be accepted.

Refer to Exhibit A for Submission Instructions.

EMAILED PROPOSALS WILL NOT BE ACCEPTED

2. 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.

3. All materials submitted shall become the property of CDPHE, and will not be returned unless the solicitation is cancelled 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. Minimum Requirements

Offeror shall include a narrative indicative of how your firm meets the qualifications in section V. B. above.

3. Executive Summary (4 pages max)

a. Offeror shall submit an organizational overview that includes years in business and a brief overview of staff, including the total number of employees.

4. Experience and Qualifications (10 pages max)

Proposals shall list all relevant work experience and qualifications relating to the work described in this RFP. Specifically, each proposal shall address and provide each of the following:

a. Offeror shall describe past experience relevant to the project, demonstrating the Offerors ability to provide effective services for the safe and secure collection and disposal of unused household medications.

b. Offer shall submit proof of registration as a Registered Hazardous Waste Transporter.

c. Offeror shall include any relevant experience and a description of the types of agencies or businesses Offeror worked for (governmental public health agencies, municipalities, health care facilities, pharmacies, hazardous waste generators, etc).

d. Offeror shall identify personnel to be assigned to the project. At a minimum, include Project Manager; Contract Manager; Hazardous Waste Transfer Facility/DEA-Registered Location Manager (if applicable); and, Disposal Facility Manager (if the disposal facility is owned or operated by the Offeror). Provide resumes.

i. Describe the experience of personnel identified above to be assigned to this project, including minimum qualifications of personnel to be involved in the work, the level of such involvement, and information on all anticipated subcontractors.

e. Offeror shall submit two (2) examples of past or current successful projects providing medication collection and disposal services similar to the activities listed in this proposal.

f. CDPHE reserves the right, at any time during the contract period, to request results of criminal background checks conducted on personnel assigned to the project.

5. Work Plan The Scope of Work describes procedures required of an Offeror that is a DEA-registered reverse distributor. An Offeror that is not a DEA-registered distributor must submit a plan describing how they will implement the Scope of Work activities to achieve the department’s goals while complying with all applicable local, state, and federal laws and regulations including the DEA Rule for Disposal of Controlled Substances (21 CFR Parts 1300, 1301, 1304, et al). The plan must describe how medication collection, acquisition, and disposal services will be provided for approved law enforcement and DEA-registrant collection sites.

a. Submit a work plan that describes how the Offeror will advance the department’s goal of maintaining and expanding the Colorado Medication Take-Back Program.

b. Thoroughly describe the objective goods and services to be provided.

Structure the proposed work plan as follows:

ii. Location of Office’s/Facilities

a) Describe where the Offerors business is located, providing the address for the applicable office location(s).

b) Location and description of the Offerors Hazardous Waste

Transfer Facility utilized for secure, interim storage, which is also your DEA-registered location, if applicable.

c) Describe where the Offerors facility is located, providing the address for the applicable facility. Provide proof of the location’s DEA registration and describe the security controls and procedures used to guard against theft and diversion of controlled substances.

d) Describe where the Offerors proposed disposal facility(s) is located, providing the address for the applicable location(s); name of facility owner(s) and operator(s); and, proposed method(s) of medication destruction. If the facility is a DEA-registered location, provide proof of DEA registration and describe the security controls and procedures used to guard against theft and diversion of controlled substances.

iii. Goods and Services

Describe goods and services to be provided in the contract, which runs from the date of approval by the State Controller, July 1, 2026 ending June 30, 2031, (if renewed each year for the full term) to achieve the following:

a) Provide collection and disposal services at the 174 locations already possessing collection receptacles. These locations include Exhibit D, list of Collectors by County.

b) Explain how the approach used to develop methods and fees for the locations in Exhibit D will be applied to develop methods and fees for other yet-to-be-identified approved DEA-registrant collection sites that might be added to the program throughout the state in the five years of the contract.

6. Budget

Offeror shall complete Attachment 2 to detail proposed costs and submit this form with the proposal.

7. 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 that 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 objective of the Evaluation Committee is to conduct reviews of the proposals that have been submitted, to hold frank and detailed discussions among themselves, and to recommend an Offeror for award. 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. Award: Award will be made to a single Offeror. 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. CDPHE reserves the right to award to multiple vendors if determined to be in the best interests of the State.

B. 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 reasonable opportunity to respond.

Reference Procurement Rule R- 24-103-201-02(d).

C. 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. Minimum Requirements:

Minimum requirements will be evaluated based on the amount of skill demonstrated in the narrative submittal.

3. Executive Summary:

The executive summary will be evaluated on how well the summary indicates the stability and strength, and overall experience of the staff and of the company.

4. Experience and Qualifications:

The experience and qualifications will be evaluated based on the breadth and depth of similar experience, Offerors expertise in online ordering platforms, equipment, and the qualifications and background of the Offeror to produce, store and ship high quality print projects.

5. Work Plan The work plan will be evaluated on the approach to the project, methods to be used, and goods and services described.

6. Budget:

The cost will be evaluated based on if the price sheet costs are reasonable considering the scope of work activities.

7. References

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

8. 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. Per R-24-103-203-03, discussions may be held with responsible Offerors whose proposals are determined to be reasonably susceptible to be selected for award to:

a. Promote understanding of the state’s requirements and the Offerors proposals; and

b. Facilitate a contract that will be most advantageous to the state, taking into consideration price and the other evaluation factors set forth in the request for proposals.

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, EXHIBITS

A. Attachments

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

2. Attachment 2 Budget Template

B. Exhibits

1. Exhibit A Submission Instructions

2. Exhibit B State of Colorado Contract Template

3. Exhibit C Draft Statement of Work

4. Exhibit D List of Collectors by County

5. Exhibit E 6 CCR 1010-23 Take-Back Program Regulation

IX. ADMINISTRATIVE INFORMATION

A. GENERAL INFORMATION

1. Documents After Award

Prior to Contract execution, the awarded Offeror must provide the State with Proof of Good Standing with the Colorado Secretary of State and an insurance certificate documenting coverage according to the Model Contract found as an attachment to this solicitation. Offerors do not need to submit these documents unless they are awarded this solicitation.

2. Incurring Costs

Offerors are solely responsible for all costs incurred as a result of responding to this solicitation, which may include, but is not limited to, meetings, presentations, or negotiations.

3. Confidentiality of Solicitation Process

a. Following the proposal submission deadline, individuals/entities may request from the Procurement Contact a list of the names of the responding Offerors. All other information related to the solicitation process will remain confidential until award.

b. Following the Notice of Intent to Award, all Offeror proposals will be open to public inspection with the exception of information determined by the State to be a trade secret or confidential or proprietary. Reference §24-72-

200.1 et seq., C.R.S., as amended, Colorado Open Records Act.

4. Solicitation cancellation and/or Rejection of Offeror Proposals

a. In accordance with §24-103-301, C.R.S., and the related Procurement Rules, the State may cancel this solicitation, or any and all proposals may be rejected in whole or in part, without penalty, at any time before a Contract is executed, when it is in the best interest of the State. The reason and documentation supporting the decision to cancel the solicitation or reject proposal(s) shall remain confidential for the lesser of six months or until a Contract(s) is awarded by the State. Reference Procurement Rule R-24-101-401-05.

b. If the solicitation is cancelled after proposals are received, the proposals that have been opened shall be retained in the procurement record, or if unopened, they will be disposed of, or returned to the Offerors upon request, at the Offerors expense.

5. News Releases and Announcements

Offerors shall not issue any news releases, communications or announcements of any kind pertaining to this solicitation, without prior written approval by the State.

6. Protested Solicitations and Award

An aggrieved party may file a protest concerning a material issue(s), at any phase of solicitation, including but not limited to, specifications, award or a disclosure of information marked confidential in the proposal. The protest shall be submitted to the CDPHE Official within ten (10) business days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Reference §24-109- 102, C.R.S., as amended, and Procurement Rule R-24-109-102-01, et seq. Protests should be submitted in writing via email to Chelsea Gilbertson, Procurement Official at Ichelsea.gilbertson@state.co.us.

B. OFFEROR PROPOSAL INFORMATION

1. Proposal Submission Deadline

See the Schedule of Activities within the main body of this RFP.

2. General Information for the Proposal Response

a. Offerors are encouraged to review the solicitation and any related appendices and attachments in their entirety to assure understanding of and compliance with the requirements that may be included in these documents.

b. A proposal should be thorough, but not exhaustive, and it should address the requirements set forth in this solicitation and should provide sufficient details to allow the Evaluation Committee to determine whether the proposal demonstrates an understanding of the State’s requirements and contracting terms and conditions; the ability to meet the State’s needs, including the experience and resources necessary to carry out the work;

and costs that are reasonable and consistent with the industry.

c. The Offerors proposal and all attachments shall Comply with the standards of Section 508 of the Rehabilitation Act of 1973, (29 USC § 794). The Offeror may not have an opportunity to re-draft their proposal and attachments to make them accessible to persons with vision impairments after the proposal submission deadline and in the event that the Department has evaluator(s) serving on an Evaluation Committee requiring accessibility, the Department may disqualify an Offerors proposal from evaluation.

3. Timeliness of Proposal Submission

a. Proposals received after the submission deadline shall not be opened and shall be rejected as a late proposal, unless otherwise permitted by the Procurement Official in accordance with Procurement Rule R-24-103-201- 10.

b. Responsibility for ensuring that an Offerors proposal is received on time rests with the Offeror. Reasonably foreseeable problems inherent in the delivery of proposal are not extraordinary circumstances permitting acceptance of late proposals.

4. Legally Binding Offer

a. 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).

5. Offeror Proposal Content

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.

6. 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 the 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.

7. Submission of Confidential or Proprietary Information

a. The State of Colorado is subject to the requirements of §24-72-200.1, C.R.S., et seq., Colorado Open Records Act.

b. An Offeror may submit, as a part of its proposal, a written request for classification of certain portions of the proposal as a trade secret or other confidential or proprietary information. Material for which the Offeror is requesting confidentiality shall be readily identifiable and separated from other portions of the proposal to facilitate public inspection of the non-confidential portion of the proposal. Commingling of confidential and non-confidential information is not acceptable. Neither price information nor any information that will be included in a resulting Contract will be considered confidential.

c. The Offeror must include the rationale for any request to classify portions as a trade secret or confidential, or proprietary, including references to the authority that allows for such treatment.

d. In no event shall an entire proposal be classified as confidential. The Procurement Official or his or her designee shall determine if the information identified in the Offerors request is exempt from disclosure in accordance with §24-72-204, C.R.S., and shall inform the Offeror in writing of his or her determination. If the Offeror does not agree with the determination, the Offeror may protest the determination in accordance with article 109 of the Colorado Procurement Code and the terms of this solicitation. Reference Procurement Rule R-24-101-401-03.

e. Any additional Offeror information, which may be part of the evaluation/negotiation process and for which an Offeror claims confidentiality, is subject to the same requirements and processes identified above.

8. Modifications or Withdrawal of Proposals

An Offeror may modify or withdraw its proposal by written notice to the Procurement Contact prior to the established proposal submission deadline.

Withdrawal of an Offerors proposal following the proposal submission deadline and prior to award, may be allowed, in the State’s discretion. Withdrawal of an Offerors proposal after award is not allowed. Reference Procurement Rules R-24- 103-201-08 and R-24-103-201-09.

9. Mistakes and Minor Informalities in Offeror Proposals

In certain circumstances, an Offeror may correct a mistake(s) in its proposal and/or the State may waive minor informalities. Reference Procurement Rule R- 24-103-201-08.

10. Modifications to State Contract

a. A draft Contract is included in Exhibit B to this solicitation.

b. 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.

c. 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.

11. Conflicts of Interest and Ethics

d. 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.

e. 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.

f. 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).

12. Service Disabled Veteran Owned Small Businesses (SDVOSB).

SDVOSB Offerors must submit documentation of certification issued through the U.S. Small Business Administration in their proposal. §24-103-905 C.R.S. sets a SDVOSB goal of at least 3% of all contracts by dollar value be awarded to SDVOSBs who must be incorporated or organized in Colorado or they must maintain a place of business or have an office in Colorado and must be officially registered and verified as a SDVOSB by the United States Small Business Administration.

13. Performance Outside of Colorado or the United States

Awarded Offeror, per Section 24-102-206, C.R.S., prior to contracting shall disclose in a written statement whether it anticipates performing or subcontracting any services under the contract, where such subcontracted services will be performed under the contract, including any subcontracts, and whether any subcontracted services under the contract or any subcontracts are anticipated to be performed outside the United States or the state. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the vendor shall provide in its written statement a provision setting forth why it is necessary or advantageous to go outside the United States or the state to perform the contract or any subcontracts.

14. Vendor Assistance

Any vendors needing support responding to solicitations may contact the Colorado Supplier Diversity Navigator at the Statewide Equity Office of Supplier Diversity. Services provided include assistance with responding to solicitations, interpretation of solicitation documents, technical assistance referrals, availability of resources, construction bond assistance through the Construction Statewide Bond Assistance Program, and free business directory listings and verifications through the Colorado Supplier Diversity Directory. The office can be reached during normal business hours by calling 303-866-5765 or emailing DPA_SupplierDiversityHelp@state.co.us.

https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_statewide-2Dequity-2Doffice_supplier-2Ddiversity&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=AHk9LQL8xQKwtYW6AlMhIpKhc64M4gHnBm1wvGiKqhU&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_statewide-2Dequity-2Doffice_supplier-2Ddiversity&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=AHk9LQL8xQKwtYW6AlMhIpKhc64M4gHnBm1wvGiKqhU&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_supplier-2Ddiversity_construction-2Dand-2Dbond-2Dassistance&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=zAjgTZu5BkDViYCi42ZSaaEFbnZ4EzaMtQulSrBPsw8&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_supplier-2Ddiversity_colorado-2Dsupplier-2Ddiversity-2Ddirectory&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=lJCgtcQ4bpjUYTb-DL2vTiTtjs5tP9GdjxCxohJukG4cRYarpnnyVjmEkozBFRPl&s=nq-3ZxXvzK0CyjE_Sukw4DfkzHfxneqrfzbnzxsO-hw&e= mailto:DPA_SupplierDiversityHelp@state.co.us