Request for Proposal (RFP)

Air Pollution Control Division (APCD)

Greenhouse Gas Emissions and Energy Management for Manufacturing (GEMM)

1 Audits

RFP # 2027000088

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 CDPHE Air Pollution Control Division works to improve and protect outdoor air quality in Colorado. The division develops and implements cost-effective, efficient air pollution control measures that comply with state and federal law.

Under Air Quality Control Commission (AQCC) Regulation 27, Part C, Colorado’s energy-intensive, trade-exposed (EITE) facilities must conduct energy, and GHG emission control audits every five (5) years. The purpose of the audits is to establish Greenhouse Gas best available emissions control technology (GHG BAECT) and energy best management practices (energy BMPs) for the EITE facilities. Beginning in 2027, audits must be conducted by state-selected, qualified third-party auditors. This will ensure that there is no contractual agreement between the facility and the auditor and will provide a robust and unbiased assessment.

There are currently four EITE facilities in the state covered by Regulation 27, Part C:

three Portland cement producers and a secondary steel mill. Local communities near EITE facilities and all interested stakeholders will benefit through the stringent, unbiased reviews and recommendations that come from the energy and GHG emission control audits. Having the state contract directly with the third-party auditors will allow for much greater transparency and higher quality overall. Audits will be performed in accordance with Regulation 27, Part C. Within Part C, Section I.A.3.

states that audits must be conducted by a state-contracted, qualified third-party auditor.

Applicants must meet the requirements to be a qualified-third party auditor, according to the criteria and definitions established in AQCC Regulation 27. The key definitions/requirements are below.

Qualified third-party auditor - means one or more individuals who hold a valid lead auditor certification in greenhouse gas and/or energy management systems and have demonstrated capabilities to evaluate GHG reduction opportunities for large, energy-intensive, industrial manufacturing processes and facilities. Qualified third-party auditors must have worked as an auditor for at least two years or must have worked as a project manager or lead person for not less than four years (two of which may be graduate level work) in: (1) the development of GHG or other air emission inventories, or (2) as a lead environmental data or financial auditor. The auditor must not be affiliated with the EITE stationary source, its subsidiaries, or related entities; there can be no common ownership between the EITE stationary source and the third-party auditor. The capabilities and knowledge of the auditor must include, at a minimum, background, experience, and recognized abilities to perform the assessment activities, data analysis, and report preparation, and experience lead auditing GHG or energy management systems for the industry subject to this section.

Audit team - means one or more persons performing the audit. The audit team must consist of at least one qualified third-party auditor. Additional capabilities and knowledge of the audit team must include, but are not limited to, technical expertise with specific operating and maintenance practices for the industry being audited;

expertise in conducting GHG and energy management system audits; and expertise of the EITE stationary source’s domestic and international market. The audit team must include individual(s) with documented audit expertise in the relevant industrial sector as follows:

1. A bachelor’s level college degree or equivalent in science, technology, business, statistics, math, environmental policy, economic, or financial auditing; or evidence demonstrating completion of significant and relevant work experience or other personal development activities that have provided the applicant with the communication, technical, and analytical skills to conduct the audit; and

2. Sufficient workplace experience to act as an auditor, including a minimum of two years of full-time experience in a professional role that involved emissions data management, emissions technology, emissions inventories, environmental auditing or other technical skills necessary to conduct the audit.

Lead auditor - means an individual who has met the requirements of and is certified as a lead auditor through a professional certification body.

Certification body - means a professional organization that has been accredited to issue lead auditor certifications for a specific sector or to a specific standard.

A successful Contractor will have demonstrated direct experience evaluating GHG reduction and energy efficiency measures in the cement and/or steel industries.

Contractor(s) must also be able to fulfill all the audit requirements outlined in Regulation 27, Part C. These include but are not limited to: development of the audit plan, execution of the audit, completion of the audit report, GHG BAECT analysis, energy BMP analysis, and all recommendations that come from the analyses.

Contractor(s) will directly confer with EITE facilities to gather all required information and conduct the audits, including coordinating onsite visits. Once the audit report and recommendations are submitted to the Division, contractor(s) will allow for additional follow-up that may ensue after the Division review and public comment period.

B. Purpose

The purpose of this Request for Proposals is to be added to a pre-qualified list of qualified third-party auditors to conduct energy and greenhouse gas (GHG) emission control audits at Colorado’s energy-intensive, trade-exposed (EITE) facilities.

The locations of each EITE facility that will be subject to the audit are:

1. Cemex cement - Lyons

2. Amrize cement - Florence

3. GCC cement - Pueblo

4. Rocky Mountain Steel Mills - Pueblo

An award is no guarantee of any volume of work.

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 11/6/2026

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

11/16/2026

3.

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

Estimated 11/19/2026

4. Proposal submission deadline

2:00 PM

MDT

12/10/2026

5. Evaluation Period Estimated Week of 12/14/2026

6. Estimated Contract Effective Date Estimated 2/1/2027

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 VSSand 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 Electronic Submission Instructions.

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

http://www.colorado.gov/vss http://www.colorado.gov/vss mailto:VSSHelp@state.co.us

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.

C. SUBMISSION INSTRUCTIONS:

For this solicitation, vendors submit responses electronically via BidNet.

Refer to Exhibit A Electronic 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 ELEMENTS

A. Project Timeline The anticipated start date for the executed contract is February 1, 2027 with the initial term of February 1, 2027 to June 30, 2028. At the sole discretion of the State, and depending upon funding and Offeror performance, CDPHE may renew the agreement, but not to exceed five (5) years total. At the sole discretion of the State, the CDPHE may modify the dates of the contract.

B. Budget The total budget allocated by CDPHE for this project is approximately $350,000, covering four audits, with one audit conducted at each facility. Based on current estimates, the cost of a facility audit may vary from $50,000 to $100,000, depending on site-specific conditions and scope. At the sole discretion of the

State, CDPHE may modify the budget, depending upon funding availability and proposer performance.

Regulation 27 states that the regulated facilities are responsible for the cost of the audits, so there is no cost to the Air Division for this project. Money will be collected from facilities prior to any work being done and paid to the auditors upon completion of their work.

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)

D. Goal

The audits conducted at EITE facilities are designed to ensure that these large, energy-intensive industrial sources operate with the best available GHG control technology and energy management practices available. Measures identified in the audits (or other equivalent measures) will be required to be implemented at the facilities, in turn ensuring that GHGs and energy consumption are reduced.

Installation of GHG control and energy efficiency measures often results in co-benefits to the surrounding communities as well. Co-benefits may include the reduction of other locally harmful air pollutants that directly affect the health of residents in the vicinity of the facilities. Two of the four facilities are located in disproportionately impacted communities, and direct benefits will extend to all the surrounding communities from pollution reduction measures. Having the state contract directly with the auditors will ensure that the audits are conducted in a transparent and independent manner, giving much greater confidence and quality in the process overall.

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 for this solicitation, the Offeror shall meet all of the following qualifications:

1. Employ staff meeting the definition of Qualified third-party auditor including:

a. One or more staff holding a valid lead auditor certification from a professional certification body.

b. Have demonstrated capabilities to evaluate GHG reduction opportunities for large, energy-intensive, industrial manufacturing processes and facilities.

c. Worked as an auditor for at least two (2) years or must have worked as a project manager or lead person for not less than four (4) years (two of which may be graduate level work) in:

1) the development of GHG or other air emission inventories, or

2) as a lead environmental data or financial auditor.

d. Is not affiliated with the EITE stationary source, its subsidiaries, or related entities.

e. Have the ability, training and experience to perform the assessment activities, data analysis, and report preparation, and experience lead auditing GHG or energy management systems for the cement and/or steel industries.

2. Employ staff meeting the definition of Audit team including:

a. Shall include a minimum of at least one qualified third-party auditor meeting the definition above in Section I.A Background.

b. Have the ability, training and technical expertise with specific operating and maintenance practices for the industry being audited; expertise in conducting GHG and energy management system audits; and expertise of the EITE stationary source’s domestic and international market.

c. Shall include individual(s) with documented audit experience in the relevant industrial sector as follows:

i. A bachelor’s level college degree or equivalent in science, technology, business, statistics, math, environmental policy, economic, or financial auditing; or evidence demonstrating completion of significant and relevant work experience or other personal development activities that have provided the applicant with the communication, technical, and analytical skills to conduct the audit;

and

ii. Sufficient workplace experience to act as an auditor, including a minimum of two (2) years of full-time experience in a professional role that involved emissions data management, emissions technology, emissions inventories, environmental auditing or other technical skills necessary to conduct the audit.

C. Experience and Qualifications In order to submit a proposal for this solicitation, the Offeror shall:

1. Have adequate personnel with the necessary qualifications, education and training to successfully complete the activities in the Draft Statement of work (Exhibit C) and the requirements of this RFP.

2. Have a minimum of two (2) years of experience conducting greenhouse gas and energy audits and assessments at cement and/or steel facilities.

3. Have a minimum of two (2) years of experience identifying GHG control strategies and energy best management practices with practical potential for application.

4. Have a minimum of two (2) years of experience conducting cost-benefit analyses of GHG reduction measures.

5. Have completed a minimum of two (2) projects within the last five (5) years that demonstrate the skills and knowledge to successfully perform these services.

6. Have the ability to submit audit reports to CDPHE prior to December 31, 2027.

D. Budget Offeror shall submit a detailed cost breakdown for all activities identified in Exhibit C Draft Statement of Work for the various facilities.

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 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 an organizational overview that includes years in business, areas of expertise (specifically related to this project), and a brief overview of staff.

3. Minimum Requirements

Offeror shall submit the following:

a. Evidence of how the organization meets the criteria and definitions established in AQCC Regulation 27 and outlined in Section V.B. above.

b. Any auditor and/or energy management certifications for key personnel to be assigned to this project, as well as any other relevant licenses, certificates, or registrations.

4. Experience and Qualifications Summary

Offeror shall submit the following :

a. Detailed narrative describing the background and experience of the organization conducting greenhouse gas and energy audits and assessments at cement and/or steel facilities and includes:

i. An overview of the varying processes and systems that may be encountered in cement manufacturing and electric arc furnace steelmaking facilities

ii. Examples of previous work that are similar to this one

iii. Expertise in relevant industrial sectors.

b. Detailed narrative describing experience evaluating and identifying the control technologies and energy management practices related to cement and/or steel facilities, potentially highlighting past examples of this work and how it was accomplished. Technologies and strategies may include:

i. Fuel and raw material optimization,

ii. energy efficiency,

iii. preheating/heat recovery,

iv. strategic energy management, and

v. carbon capture and storage/utilization.

c. Detailed narrative describing experience in conducting cost-benefit analyses of GHG reduction measures and includes:

i. Demonstrating knowledge of current state and federal incentive/tax programs

ii. Estimating return on investments,

iii. Cost savings over time,

iv. Capital/O&M/engineering & design cost estimates,

v. Payback periods

vi. Experience evaluating or assisting with federal and state incentive programs, including grants and tax credits.

d. A sample of a relevant audit report or final product from an industrial

GHG audit or assessment (preferable cement or steel).

4. Budget Narrative Offeror shall submit a Budget Narrative detailing all proposed costs for each audit, depending on the facility specifics. 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.

5. References Offeror shall provide three (3) references, 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 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 specific 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 their initial response and should not assume there will be an opportunity for discussion. 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: It is the intention of the State to make an award to multiple Offerors.

Awards will be made to Offerors whose proposals conform to the RFP and are determined to be most responsive, responsible, and advantageous to the State of Colorado. The proposals that result 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 a single Offeror if determined to be in the best interests of the State. An award under this RFP is not a guarantee of any volume of work. Awarded Offerors will be placed on an eligible list and will be used as needed for these services.

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. Organizational Summary:

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

3. Minimum Requirements:

The minimum requirements narrative will be evaluated Pass/Fail for each of the requirements outlined in Section V.B. above.

4. Experience/Qualifications

The experience and qualifications summary will be evaluated based on the breadth and depth of detail supporting each of the experience requirements and the requested supporting documentation, the qualifications and background of the personnel assigned to the project, and the similarity of previous successful projects to the qualifications and requirements of this

RFP.

5. Budget The budget will be evaluated based on whether the proposed costs are reasonable and necessary to complete all activities of the project. The cost provided must be a total cost and not an estimate and constitute the Offerors best and final offer.

6. References References, if contacted, will be used to verify projects.

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 submittal. This responsibility is that of the

Offeror.

VIII. ATTACHMENTS AND EXHIBITS

A. Attachments

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

B. Exhibits

1. Exhibit A: Electronic Submission Instructions

2. Exhibit B: Colorado Purchase Order Terms and Conditions

3. Exhibit C: Draft Statement of Work

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 chelsea.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

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 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 D 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

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, 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= 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_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