Request for Proposal (RFP)

Hazardous Materials and Waste Management Division (HMWMD)

North Clear Creek Water Treatment Plant (NCC WTP) Operations and Maintenance

RFP # 2027000059

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.

Version 9/19/2025

I. BACKGROUND AND PURPOSE

A. Background

The purpose of this Colorado Department of Public Health and Environment (CDPHE) Request for Proposals (RFP) is to solicit responses for:

The operation and maintenance of the North Clear Creek Water Treatment Plant (NCCWTP) located at 6191 Hwy 119 in Black Hawk, Colorado. Black Hawk is approximately 30 miles west of Denver at an elevation of about 8,500 feet above sea level.

The NCCWTP was constructed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), as part of the Central City/Clear Creek Superfund Site. The NCCWTP is financed by the State of Colorado and the United States Environmental Protection Agency.

The NCCWTP treats acid mine drainage discharging from two historic mine adits, along with contaminated base surface water flows, using a heavy metal precipitation process. The awardee of the contract resulting from this RFP will operate and maintain the NCCWTP in a safe, effective and cost-efficient manner, and will develop and implement the plans and procedures necessary to achieve this goal.

The treatment process has an operational capacity of 600 gallons per minute and utilizes a high-density sludge (HDS) lime neutralization process. In the process, hydrated lime slurry and sludge (recycled thickener underflow) are added to a small, mixed, conditioning reactor. The overflow mixes with the influent water in a larger, mixed and aerated, neutralization/oxidation reactor where the metals are precipitated. Polymer is added to form a larger floc particle, and the treated water overflows to the clarifier/thickener where solids/liquid separation occurs. The clarified effluent flows through a granular media filtration system to remove residual suspended solids. The pH of the filtered effluent is readjusted using a recarbonation system. Thickened solids (sludge) are withdrawn as thickener underflow for recycling or wasting. Waste solids are dewatered in a filter press for offsite disposal.

The Contractor will provide qualified operations personnel to perform the work necessary including facility management; operations; preventative and corrective maintenance; planning and scheduling; furnishing, tracking and staging supplies; and creating and maintaining process documents and reports.

Areas of expertise that may be called upon includes: certified industrial water treatment operators, equipment maintenance personnel, chemist, sampling technician, mechanic, equipment operator, secretary, janitor, instrumentation and controls specialist.

The goal is to treat contaminated water, maintain the WTF and other Site facilities, and provide technical reports.

B. Purpose The purpose of this RFP is to solicit responses from qualified Offerors to conduct site-wide operations and maintenance at the North Clear Creek Water Treatment Plant.

The Offeror shall implement site wide operations and maintenance activities across the entire site including reclaimed features, existing in-tunnel water treatment systems, and planned external passive systems.

The facility is currently in the Long-Term Remedial Action phase of the CERCLA process, but it will transition into Operations & Maintenance in March of 2028. Part of this transition includes completion of optimization projects to ensure that the facility is in optimal condition prior to the transition. A list of previously identified optimization projects is included in Exhibit D. In addition to day-to-day operation of the facility, the Offeror shall assist with procurement and implementation of the listed projects prior to the O&M transition. These projects will be state funded, but administrative tasks associated with procurement should be accounted for in this proposal.

C. Definition of Terms Base Period – the first one (1) year term of the contract.

Bypass – diversion of untreated water.

Emergency Situation – on-going or imminent release of hazardous substances into the environment Option Year – subsequent one (1) year terms of the contract, awarded at the sole discretion of CDPHE and subject to available funds.

1. CDPHE Colorado Department of Public Health and Environment

2. CERCLA Comprehensive Environmental Response, Compensation and Liability Act

(also known as Superfund)

3. CM Corrective Maintenance

4. EAP Emergency Action Plan

5. EPA U.S. Environmental Protection Agency

6. gpm Gallons per minute

7. HDS High Density Sludge

8. HSO Health and Safety Officer

9. HSP Health and Safety Plan

10. MGD Million gallons per day

11. O&M Operations and Maintenance

12. OMMP Operations and Maintenance Management Plan

13. OSHA Occupational Safety and Health Administration

14. PM Preventative Maintenance

15. PPE Personal Protective Equipment

16. QA Quality Assurance

17. QAPP Quality Assurance Project Plan

18. QC Quality Control

20. SDS Safety Data Sheets

21. SAP Sampling and Analysis Plan

22. SOP Standard Operating Procedure

23. SOW Scope of Work

24. UPCP Unit Process Control Procedure

II. SOLICITATION SCHEDULE OF ACTIVITIES:

Solicitation Activity Time Date

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

10/28/2026

Mandatory pre-proposal meeting @

6191 CO-119, Black Hawk, CO 80422 10:00

AM MDT

11/10/2026

Written Inquiry deadline. Submit all inquiries by e-mail to Kristi Gamble at Kristi.gamble@state.co.us

2:00

PM MDT

11/30/2026

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

2:00

PM MDT 12/11/2026

Bid submission deadline 2:00

PM MDT

12/21/2026

Evaluation Period Week of 1/4/2026

Estimated Contract Effective Date 4/1/2027 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

III. PROPOSAL TECHNICAL ASSISTANCE

A. Invitation to Submit Proposal:

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 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.

mailto:VSSHelp@state.co.us

C. Submission Instructions:

For this solicitation, vendors shall submit responses via BidNet.

Refer to Exhibit A Submission Instructions.

D. Mandatory Pre-Bid Conference and Site Tour

A Mandatory Pre-Proposal Meeting will be held on November 10, 2026, at 10:00am. All Offerors are required to have a representative at this meeting. There will be a mandatory sign-in sheet. The meeting will have representatives from the program in attendance who will give a presentation of the project and answer questions.

A Pre-Bid Meeting will be held at:

Address: 6191 Highway 119 Black Hawk, CO 80422

Date/Time: November 10, 2026 10am

Please let us know that you plan on attending this Mandatory meeting by emailing us at Kristi.gamble@state.co.us.

Prospective bidders that fail to attend this meeting will have their bid rejected without review.

E. 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 COMPONENTS

A. Budget

A portion of the funding for this project is provided by the United States EPA. While EPA is not a party to the contract, certain federal requirements shall apply.

B. Project Timeline

The anticipated start date for the executed contract is approximately 4/1/2027 with the initial contract period of 4/1/2027 to 3/31/2028. At the sole discretion of the

State, and depending on funding and Offeror performance, CDPHE may renew the agreement for up to four (4) additional one (1) year periods, not to exceed a total of five (5) years. At the sole discretion of the State, the CDPHE may modify the dates of the contract.

C. 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.

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

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

To be considered for this solicitation the Offeror shall meet the following qualifications.

The Offeror shall have:

1. Continuously maintained a Colorado office for the last five years.

2. During those five years, the company shall have operated and maintained at least one facility of similar size and complexity.

3. The proposed lead operator having at least one year of experience as the operator in responsible charge of a facility of similar size and complexity during the last three years.

4. Conducted work under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act (CWA) and State of Colorado Agencies such as Water Quality Control Division/Commission and State Engineers Office.

To be considered a facility of similar size and complexity, a facility must meet one of the following criteria:

1. If a drinking water facility, a capacity of at least 1.0 million gallons per day (MGD) and complete treatment including solids separation and removal

2. If a domestic wastewater facility, a capacity of at least 0.5 MGD and advanced treatment with a solids processing system

3. If an industrial wastewater facility, a capacity of at least 0.2 MGD and treatment using metals precipitation and solids processing.

Proposals that fail to meet the minimum requirement above will be considered to be non-responsive and will not be evaluated.

C. Eligibility

To be eligible to submit a proposal, Contractor must:

1. Be registered and in good standing with the Colorado Secretary of State

Office,

2. Be registered on the Colorado Vendor Self Service website, and

3. Employ a lead operator holding, at a minimum, a Colorado Class B Industrial

Wastewater Treatment Certification.

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. 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 Maximum page count for proposals is 50 pages and does not include required attachments or resumes.

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 include a narrative which includes:

a. A summary of services offered.

b. A brief overview of staff, including the total number of employees on payroll.

c. Detail the number of years in business and number of years the company has maintained a Colorado office.

d. A brief description of work performed by the Colorado office over the last two (2) years at sites similar in nature to the NCCWTP.

e. List any penalties, contractual or regulatory, which the company has paid in the last five (5) years, and list any instances where the company had a contract that was terminated for default (cause) within the last five (5) years. Provide a brief explanation of the circumstances surrounding these instances.

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

3. Minimum Requirements The Offeror, in order for the proposal to be considered must meet the minimum qualifications (section V.B. above). Offeror shall include a short narrative indicative of how your firm meets for each component of these qualifications.

4. Experience Summary Offeror shall provide a narrative including:

a. Describe at least two (2) and no more than six (6) projects of similar scope and complexity where the company has operated and maintained treatment facilities within the last five years.

b. Include the name, address and current telephone number of the facility owner for whom the work was performed.

c. Include the annual operating cost of the facilities and the original and final contract amount for each project submitted. Explain any variance between these amounts.

d. Include the dates of the company’s operation and maintenance of the facilities.

e. Describe the process utilized by the facilities including treatment capacity and building systems.

f. Describe services provided and the scope of the company’s responsibilities.

5. Experience and Qualifications of Key Personnel

Proposals shall list 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. Provide information on the key personnel who are proposed for this project including the Project Manager, the Certified Industrial Treatment Plant Operator, and the Principal Health and Safety Officer.

b. Provide resumes of the offeror’s key personnel proposed to be assigned.

Only the resumes of key personnel will be used for evaluation purposes. Each resume is limited to three (3) single-sided pages and must be signed by all employees as well as contain letters of commitment to work from contingent hires.

c. The work history of each offeror’s employees or contingent hires should highlight experience directly related to the SOW tasks and functions to be assigned.

6. Health and Safety Training and Experience

Offeror shall describe experience with the following:

a. Any training courses in environmental health and safety for hazardous waste site operations or hazardous materials completed by proposed key personnel and other staff. Indicate whether employees are trained pursuant to OSHA regulation 29 CFR 1910.120.

b. The company’s experience with health and safety programs. Discuss the company’s specific health and safety responsibilities on other projects. Discuss experience developing health and safety plans, if any, and indicate whether the company or personnel have experience with CERCLA sites.

6. Subcontracting

Offeror shall describe all anticipated use of subcontractors and suppliers.

a. Include a listing of any known firms and tasks to be subcontracted.

b. If proposing to use subcontractors, provide at least one reference for each subcontractor.

7. Maintenance and Sampling Experience

Offeror shall describe the following:

a. The company’s experience with developing and implementing maintenance programs. What computerized maintenance program is proposed to be used?

b. Describe your company’s experience with performing preventative, predictive and corrective maintenance.

c. Explain what types of maintenance are performed by staff and what types are performed by subcontract.

8. Sampling Experience Offeror shall describe the following:

a. The company’s experience with operational, environmental and compliance sampling.

b. What sampling is critical in maintaining the process in terms of parameters and frequency.

c. Provide an example Standard Operating Procedure.

9. Current Workload

Offeror shall list all ongoing operation and maintenance projects in which the proposed personnel are currently involved. Provide the name and telephone number of the owner and the owner’s representative for the ongoing projects.

10. Proposed Facility Maintenance and Operations Plan Offeror shall submit a proposed staffing and facility operating plan or strategy that describes your proposal to operate and maintain the WTF and meet the requirements of the Scope of Work. Discuss the performance of emergency services and the anticipated project administration and management functions. Indicate the personnel or positions that would have a significant role in operation and maintenance of the Facility, specifically discussing the organization of the firm and staff roles for this project. Include the anticipated level of effort.

11. Budget

a. Offeror shall complete Attachment 2 Cost/Rate Sheets, to detail proposed costs and submit this form with the proposal.

A narrative must accompany the Cost/Rate Sheets and must explain all expenses included.

b. There will be no reimbursement of pre-award costs. The Colorado Department of Public Health and Environment reserves the right to deny requests for any item listed in the budget that is deemed to be unnecessary for the implementation of the project.

c. The Contractor is responsible for providing all necessary training and Personal Protective Equipment for their employees. In addition, the Contractor shall provide common mechanics tools for use by their employees (e.g. hammers, screwdrivers, wrenches, etc.). The Contractor will not be reimbursed for these costs.

d. The total project cost shall be inclusive of all labor, indirect, insurance, profit and travel costs. These expenses will not be reimbursed to the contractor over and above the contract price.

e. The Contractor shall develop a standardized form for the purchase of non-routine items that exceed One Thousand Dollars ($1,000.00). This form shall include a unique identifier, item description, estimated cost of materials and labor, and shall be signed and dated by the Contractor.

Upon CDPHE review and written or email approval, the Contractor shall proceed with the purchase of the goods and/or labor.

f. The Contractor shall obtain a minimum of three documented quotes for purchase, repair or replacement of any item if the value is in excess of Ten Thousand Dollars ($10,000.00). Upon CDPHE review and written or email approval, the Contractor shall proceed with the purchase of the goods and/or labor.

g. Prior to issuing an awarded contract, the State reserves the right to do a financial capability verification of the Offeror, which may include verification of bank balances, request financial statements or balance sheets, statement of income (loss), cash flow, for the last two completed fiscal years. The State reserves the right to request that the Offeror specify resources available to perform the contract, and if the Offeror does not have sufficient resources to provide information on outside resources, the Offeror anticipates using (i.e., bank loans, letter or lines of credit, etc.)

12. References

Offeror shall provide two (2) references from a similar project, including current contact information and position in the company, where the

Offerors’ experience can be confirmed. Include dates and a brief description of the services provided.

VII. EVALUATION AND AWARD

A. 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.

B. 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.

C. 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).

D. 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:

Organizational summary will be evaluated on the breadth and depth of experience of the Colorado office and the inclusion of penalties.

3. Minimum Requirements:

Minimum requirements will be evaluated based on the detail supporting the Offeror’s ability to meet each requirement.

4. Experience and Qualifications:

The experience and qualifications will be evaluated based on:

a. Offeror's experience,

b. Qualifications and experience of key personnel assigned to this project, and

c. The extent to which the qualifications, experience, and past performance are likely to foster successful, on-time performance

5. Technical Content:

a. How well the proposed methods reflect an understanding of the work requirements,

b. Utilization of subcontractors,

c. Successful completion of similar projects,

d. Health and safety qualifications and experience,

e. Facility management plans,

f. Maintenance management program experience and utilization

g. Experience with transition of a facility from LTRA to O&M in CERCLA projects

h. The extent to which the Offeror agrees to Colorado’s basic contract terms and provisions without seeking exceptions

6. Cost:

CDPHE anticipates using the successful Offeror’s response to the Attachment 2:

Cost/Rate Sheets as the basis for negotiating a not to exceed amount for the base period of operations with such negotiations finalizing the scope of work and services to be provided. Chemical costs and labor rates provided in Schedules B and C will be used to define rates for finalizing an agreement.

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

7. 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 submission. This responsibility is that of the Offeror.

VIII. ATTACHMENTS, EXHIBITS AND LINKS

A. Attachments

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

2. Attachment 2: Cost/Rate Sheet

B. Exhibits

1. Exhibit A: Submission Instructions

2. Exhibit B: State of Colorado Personal Services Contract Template

3. Exhibit C: Draft Statement of Work

a. Attachment A: Discharge Monitoring Requirements

4. Exhibit D Optimization Project List

5. Exhibit E Contract Federal Provisions

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 mailto:Ichelsea.gilbertson@state.co.us

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 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 of 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 decide that an Offerors proposal is no longer responsive and therefore ineligible for award.

11. Conflicts of Interest and Ethics

a. 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.

b. 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.

c. 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_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