RFP CAAA 2017000165 - Offender Boots V4.pdf

RFP #2017000165 Page 1

Colorado Department of Corrections

Division of Prison Operations

Request For Proposal #2017000165

TITLE: Offender Boots

Table of Contents:

SECTION ONE: RFP ADMINISTRATIVE INFORMATION...................................... Page 2

SECTION TWO: BACKGROUND INFORMATION.................................................. Page 4

SECTION THREE: STATEMENT OF WORK................................................................ Page 5

SECTION FOUR: EVALUATION................................................................................ Page 8

SECTION FIVE: PROCUREMENT AND CONTRACTING INFORMATION........... Page 10

ATTACHMENTS:

(A) RFP Cover Page

(B) MBE/WBE Status Form

(C) Sole Illustration

RFP #2017000165 Page 2

SECTION ONE: ADMINISTRATIVE INFORMATION

A. ISSUING OFFICE: This Request For Proposal (RFP) is issued by the Colorado

Department of Corrections (CDOC) Purchasing Office for the benefit of the Prison Operations Division. The CDOC Purchasing Office is the sole point of contact concerning this RFP. Any prospective proposer/offerer/bidder (“bidder”) that is found to have contacted any other CDOC personnel with regard to this RFP, may be deemed to be ineligible for award.

B. SCHEDULE OF ACTIVITIES: Numbers 4 and 5 are projections only, dependent upon various factors associated with the evaluation and subsequent contract negotiations.

1. February 3, 2017: RFP issued.

2. February 17, 2017, 5:00 PM Deadline for written inquiries

3. March 17, 2017: 4:00 PM Deadline to receive proposals.

4. June 1, 2017: Projected date for award notice.

5. July 1, 2017: Projected Purchase Order.

C. PRE-PROPOSAL CONFERENCE: There will not be any pre-proposal conference in association with this RFP. Prospective bidders may submit written inquiries (see below).

D. WRITTEN INQUIRIES: Bidders may submit written inquiries in order to obtain clarification of RFP requirements. Inquiries should be sent via email, as follows:

Email address: holly.hammel@state.co.us Subject line: RFP #2017000165 inquiry

Please limit written inquiries to only those issues and questions which are essential in order to submit a viable proposal in response to this RFP. Requests for detailed or exhaustive information regarding current agency or contractor practices may be declined, if said information is not deemed to be necessary in order to submit a viable proposal.

E. OFFICIAL NOTIFICATIONS: This RFP has been published on the State of Colorado solicitations web site Colorado.gov/VSS. This web site is the official site for all notices concerning this RFP. Any significant changes to the original RFP, including CDOC responses to written inquiries, will be published on the web site as a „modification‟ to the original solicitation.

Bidders who become aware of this RFP through other sources are strongly advised to register at Colorado.gov/VSS and to monitor this site for notifications concerning the RFP. Although the purchasing agent may choose to also furnish notification/s via other

RFP #2017000165 Page 3 means as a courtesy to bidders, the only official and required notification/s for any significant changes to the RFP will be via modification/s published on the VSS web site.

F. INSTRUCTIONS FOR SUBMITTING PROPOSALS:

1. Proposals must be received at the Colorado Department of Corrections Purchasing Office, by no later than the submission deadline. Late proposals cannot be considered. It is the bidder‟s responsibility to assure that his/her proposal actually arrives at the Department of Correction‟s Purchasing Office by the prescribed time and date. The US Post Office does not deliver to the CDOC Purchasing Office.

2. Proposals should be submitted in a sealed package, identified on the outside with the bidding entity‟s name and address.

If using a delivery service such as FedEx, UPS, etc., address as follows:

CDOC Purchasing Office - RFP #2017000165 Colorado Territorial Correctional Facility 275 West Highway 50 Canon City, CO 81212

If mailing via US Post, address as follows:

CDOC Purchasing Office - RFP #2017000165 P. O. Box 1010 Canon City, CO 81215-1010

(Ref. R-24-103-202b-07 Timeliness of Bids: If by the specified due deadline, the mail, either by the Postal Service or by internal distribution system, has not been delivered to the Purchasing Office, a proposal may be accepted if it is reasonable to believe the proposal was in the control and possession of the CDOC by the deadline.)

3. The bidder should supply one original written and signed proposal. The RFP Cover

Page (Attachment A) should be completely filled out and signed in ink by the bidder or an officer of the bidder legally authorized to bind the bidder to the proposal. An electronic copy of the proposal may also be required. The e-copy will be requested after the solicitation has closed and must be identical in content to the written proposal, and should be in a non-alterable, read-only format such as Adobe PDF.

The complete e-copy is preferred in a single document, and is not to exceed three documents total. (Note that the use of writable CDs/USB/thumb/flash drives is somewhat restricted at CDOC, therefore these will not be accepted.)

4. Technical assistance in the preparation of proposals will not be provided. Proposals will likely be assessed based only on the materials presented in the original proposal.

Therefore, it is important that proposals be complete and bidders should recognize that the opportunity for revision or augmentation may not exist.

RFP #2017000165 Page 4

SECTION TWO: BACKGROUND INFORMATION

A. This RFP solicits proposals for the purchase of work boots over up to a 60-month period from July 2017 through June 2022. The selected boot will be the standard issue everyday footwear to be provided to male and female offenders in the Colorado Department of Corrections (CDOC or Department). The boots are for indoor and outdoor wear in all weather conditions. The offenders‟ typical work duties and activities range from very physical labor tasks to sedentary.

It is generally anticipated that multiple awards for stock and special sizes will be selected through this RFP process. Those selected for stock will receive periodic orders of boots to be placed via State purchase order, on an as-needed basis. The award will be made for special size work boots on an as-needed basis, using the State Procurement Card as the method of payment. Any single order exceeding $5000 total will require an official State purchase order, issued in advance, as the authorization for payment. At present, the Department projects an approximate total combined usage of 15,000 pairs of this type of work boot annually 90%; for males and 10% for females. The Department will decline to agree to any minimum purchase guarantees. Further, in the event it becomes necessary, the CDOC will reserve the right to purchase boots elsewhere if it is deemed necessary in order to maintain adequate inventories of all sizes and/or otherwise satisfy its needs.

Inventories of the boots are maintained by two CDOC warehouses – the Central Warehouse in Canon City, CO, and the DWCF Warehouse in Denver. Orders are placed 3 to 4 times per year on average. Order frequency is not predictable and reorders can generally be expected to be in moderate to substantial quantities, so bidders may propose case or quantity pricing per each size. (However, unduly high minimum order terms or high order quantities per size are discouraged.) Currently the Warehouse stocks unisex D width boots in men‟s whole sizes 5 through 14. Current pricing per pair is $21.31. The Department may consider adding one or more sizes (men‟s 4/women‟s 6, possibly others) to its inventory stock, depending on various factors. The Department expects to purchase all of these „stock size‟ boots from the successful bidder at the same unit price. The proposed unit price for the stock size boots is expected to be FOB-destination, freight prepaid.

The Department also desires to purchase other non-stock sizes and widths as may be needed. At the discretion of the bidder, these non-stocked sizes and widths may be unit-priced differently than the standard inventory sizes, or they may be the same unit price but may have added freight or handling costs, reflecting the fact that they are purchased in smaller quantities. The Department also welcomes a „quick ship‟ option for orders as small as one pair when needed.

It is up to the bidder to propose and explain all costs and ordering requirements, for evaluation by the Department. The payment terms for purchase orders are 45 days after receipt of order and invoice. The State‟s Fiscal Rules generally prohibit payment prior to actual receipt of goods and proposals which include any pre-payment terms are not likely to be considered.

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SECTION THREE: STATEMENT OF WORK:

A. DELIVERY: The ability of the successful bidder to provide all sizes of boots on a timely basis is critical to the CDOC. It is expected that the successful bidder will deliver each order 100% complete within 30 days of placing the order. In its evaluation of the proposals received in response to this RFP, the CDOC will consider the bidder‟s explanation of its ability to maintain adequate inventories of work boots for timely delivery to the CDOC, and any delivery assurances and/or guarantees the bidder proposes.

Special orders such as E widths and extra large or small sizes are also preferred to be received within 30 days ARO. Please specify delivery timeframe for special orders.

B. BOOT SPECIFICATIONS: The boot(s) proposed by the bidder in response to this RFP must be of the manufacturer‟s current product line and to the best knowledge of the bidder, will remain available in the foreseeable future without any significant changes in design and/or construction. The successful bidder agrees to provide CDOC with prior notice of any significant proposed or anticipated changes to the boot‟s design and/or construction, and further agrees that any such change is subject to the acceptance of CDOC, including possible re-negotiation of price.

The CDOC currently purchases a boot with a custom sole on all boots furnished, in order to leave a distinctive imprint for outdoor tracking purposes. See RFP attachment „C‟ for an illustration of the sole on the work boot currently in use by CDOC. Per DOC Administrative Regulation 850-11(see at www.doc.state.co.us „Operations‟), a V-shaped notch cut into the heel is desirable. These are the only two alternatives that are currently approved for the soles of inmate footwear.

If the bidder chooses to propose furnishing a boot with a specially designed custom sole that is not currently in production, the bidder‟s proposal should fully explain its production and inventory plans with regard to the Department‟s need for timely periodic deliveries of all sizes.

The following specifications are provided to give prospective bidders an understanding of the Department‟s general expectations regarding the boot to be furnished. Alternative designs, materials and construction may be proposed for evaluation by the Department.

(Refer also to Evaluation Criteria #2 on page 9.)

Color: Black

Uppers: 6” high, 4.5 to 5.5 oz. genuine leather with smooth finish, double-stitched back stay, stitching or non-metal rivets at main stress points.

Collar: Padded and/or reinforced collar around the foot opening.

Insole: Full-length, durable 27 mm cushioned insole with arch support.

http://www.doc.state.co.us/

RFP #2017000165 Page 6

Toe Box: Plain, stiff, rounded, no metal reinforcement, constructed for shape retention.

Tongue: Self (same as boot material) or suede material.

Shank: Inner, high impact nylon, hard rubber, soft wood or other non-metal.

Eyelets: 6 to 8 pair per work boot.

Laces: Round, knitted non-slip polyester or nylon, with durable plastic tips.

Construction: Stitching and/or cementing of work boot to outsole throughout entire outline of the sole, to prevent separation. Resistant to penetration of water and acids. Reinforcing stitching at stress points preferred over rivets. Designed for long-term orthopedic health.

Sole: Solid EVA rubber or composite material, no hollow heels, no nails or metal parts, oil, corrosion and slip resistant, self-cleaning sole, non-marking, „INMATE‟ and/or Federal UNICOR sole embossed in the center of the out sole, and V-notched heel for tracking.

Stitching: 3.18 mm nylon or better.

Sizes: Men‟s sizes 2 to 15 (women‟s 4 to 17), in regular and wide widths.

C. OTHER CONSIDERATIONS: The CDOC also requests alternative pricing for a composite (non-steel) safety toe boot that is otherwise generally compliant with the above specifications. The CDOC is also interested in replacement insoles for the boots.

D. COST PROVISIONS:

1. Boot prices submitted in response to this RFP should be quoted freight prepaid, FOB-Destination to six facility warehouse locations in the State.

2. Any minimum order quantities or other ordering requirements should be stated in the proposal. „Quick-ship‟, single pair, or other special order terms and pricing may be proposed and explained for evaluation by the Department.

3. Basic pricing should be proposed on a per-pair unit cost to CDOC for stock sizes and widths. Non-stock/special order sizes and widths may be priced separately.

4. All prices shall be guaranteed for at least the initial 12-month period following award of this RFP. After the initial 12 months, any requests for price increases must be submitted to the Purchasing Office 45 days in advance of the requested effective date. The amount of the request may be based on the amount specified in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI-U), „All Items‟, unadjusted percentage for the most recent 12-month period (reference www.bls.gov/cpi). Any request for a price increase higher than the CPI must be

RFP #2017000165 Page 7 accompanied by written documentation of increases from the manufacturer or the vendor's supplier. Any price increase request will be subject to acceptance and/or negotiation by the State. The successful bidder must also notify the Purchasing Office of any price decreases during the 60-month procurement term, and must grant a comparable reduction to the Department.

5. Concerning prompt delivery, the Department requests proposed cost incentives for complete delivery within 30 days ARO. For example, a $5 per pair credit for any boots received more than 30 days ARO, to be issued via credit memo. This is optional and at the discretion of the bidder, for evaluation by the Department.

E. WARRANTY AND RETURN PROVISIONS: The bidder should state its proposed warranty terms for its boots and any and all requirements for the return of defective work boots for credit. The Department seeks warranty terms that are straightforward, uncomplicated and that do not require extensive documentation. It is not practical for the Department to track or document the date a specific pair of boots was issued to an offender. Generally, the Department expects to return and receive credit for any boots which in the Department‟s reasonable judgment from the appearance of the boot, appears to have prematurely failed to the extent that it is no longer wearable. The Department‟s life expectancy goal for the boots is 18 months of everyday use.

RFP #2017000165 Page 8

SECTION FOUR: EVALUATION

A. EVALUATION PROCESS:

1. Failure of the bidder to provide any information required in the RFP, or information which is pertinent to the RFP evaluation criteria (see following), may result in unfavorable evaluation or disqualification of the proposal. It is the bidder‟s responsibility to assure that the information in its proposal is complete.

2. An evaluation committee will review and judge the merits of the proposals received in accordance with the RFP evaluation criteria. The recommendations of this committee will be forwarded to the CDOC Manager of Purchasing for review and approval.

3. The sole objective of the evaluation committee will be to recommend the bidder(s) whose proposal(s) is/are most responsive to the State of Colorado‟s needs; cost and other factors duly considered.

4. A minimum score will be established, and if all proposals fall below that score, all may be rejected. If only one proposal is received in response to the RFP, it will still be reviewed and scored. If it meets the minimum score, it will generally be recommended for award.

5. CRS 8-19-104(3) Non-Resident Bidder requires a comparable percentage disadvantage be applied to a proposal from a non-resident bidder based in a State that provides a percentage bidding preference to its resident bidders.

Non-resident State Preferences may be viewed at: www.colorado.gov/spo > Procurement Resources > Reciprocal Preference/Resident Bidder Information.

6. The Department expects to utilize a multi-step evaluation process. The initial evaluation of the proposals will be conducted in order to select a „short list‟ of proposals that are deemed to be potentially acceptable. „Short list‟ bidders will then be notified and instructed to provide a minimum of 20 pair of no-cost sample boots for testing of about 30 days. Boots will be tested for wear durability primarily, but quality of construction, comfort and safety will also be considered.

Upon completion of the testing and review of the results, the Department will conduct a final evaluation/scoring process for the purpose of making an award recommendation about June 1, 2017.

7. The proposal(s) receiving the highest final score(s) from the evaluation committee will generally be recommended for award.

B. BIDDER RESPONSE FORMAT: The bidder‟s proposal should include the following:

1. Completed Cover Page, RFP Attachment A,

2. MBE/WBE participation form, Attachment B..

3. The main text of the proposal should include the bidder‟s direct response which http://www.colorado.gov/spo

RFP #2017000165 Page 9 has been written specifically for this RFP. It should include information about the proposed boot, the bidder, the bidder‟s policies and proposed terms of sale, cost information, and other pertinent and concise information concerning this solicitation. (Also see Section Four item C, Evaluation Criteria below.)

4. Supplemental information such as references, life cycle or other product information, literature and/or other materials, may also be furnished.

5. Two pairs of sample boots must be included with the proposal. Suggested sizes are men‟s 5 and 9. These are for evaluation and testing and will not be returned.

Please clearly identify the name of the bidder on the samples. Only the actual, current production model of the boot should be submitted for evaluation – no prototypes or non-production samples. However, if a non-production sole is being proposed, then samples with the non-production samples must be clearly identified as such, and any variations from the actual production model of the boot must also be clearly explained.

Pursuant to the „short list‟ selection and extended testing process described in item A.6. above, if a non-production sample boot is furnished for the initial evaluation, the bidder should explain exactly what type of boot will be furnished in the event that the bidder‟s boot is selected for extended testing.

C. EVALUATION CRITERIA: The following criteria are identified as that which will be evaluated in order to determine the responsiveness of the proposals received. Bidders are asked to organize and identify the information in their proposals in accordance with the numbered “general” criteria listed. The more specific (lettered) criteria listed after each of the “general” criteria should be addressed in the proposal, but do not need to specifically be categorized or identified by section. Conciseness in the „direct response‟ section of the proposal is generally evaluated favorably. Page limits stated below if any, apply to the „direct response‟ section of the proposal only.

1. COST CONSIDERATIONS – 1 to 5 pages

a. Unit cost of proposed work boot(s), stock, non-stock and composite (non-steel) safety toe boot(s), FOB destination Colorado statewide, prepaid

b. Any proposed discounts, payment terms and/or other advantageous cost terms

c. Any proposed cost incentives for performance, such as timely delivery

d. Minimum order terms

e. Any other costs for processing special orders, handling or return fees

f. Availability of replacement insoles/liners, proposed cost if any

2. UTILITY AND QUALITY OF WORK BOOT – 1 to 5 pages

a. Results of field testing (wear life and other factors)

b. Perceived comfort and support, and any orthopedic considerations

c. Perceived quality and durability of work boot

d. Security and safety considerations, including but not limited to sole pattern and any compartments where contraband may be stored

e. Work boot satisfaction references, especially from correctional users

f. Availability range of sizes and widths, markings of same

g. The degree to which the work boot is established in the market

h. Solid rubber or composite heel and non-slip sole factors

RFP #2017000165 Page 10

i. Life cycle information, third-party test results or references

j. Bidder‟s proposed warranty terms and return policy

3. THE VENDOR‟S QUALIFICATIONS AND EXPERIENCE – 1 to 4 pages

a. Bidder‟s experience, market position, service and distribution network

b. Vendor‟s order, delivery, and/or other business terms

c. Vendor‟s experience specifically supplying other correctional purchasers; existing customer references

d. Ability of the vendor to make timely delivery of the initial order and periodic reorders;

any proposal delivery guarantees, incentives or assurances

e. Any additional services or benefits the vendor may be able to provide

NOTE: “Estimated” proposal costs in response to this solicitation are not acceptable.

The bidder‟s proposed cost(s) will be considered to be the bidder‟s “best and final offer” for evaluation purposes. Proposed costs are expected to remain firm and unchanged over the initial purchase order term through June 30th. The bidder‟s proposal should address any potential for requesting price changes over the ensuing contract term.

SECTION FIVE: PROCUREMENT INFORMATION:

A. PURPOSE: This Request For Proposal is intended to provide sufficient information to enable prospective bidders to prepare and submit proposals for consideration by the Colorado Department of Corrections, for the purpose of selecting the most qualified contractor(s) to complete the goals of the RFP. The State of Colorado invites any interested and qualified prospective bidders to submit a proposal in response to this RFP, in accordance with the requirements stated herein.

B. SCOPE: This RFP is intended to explain the State‟s needs, identify any mandatory requirements which must be met in order to be eligible for consideration, identify other non-mandatory preferences and considerations, provide guidance regarding how the proposal is to be submitted, and explain the evaluation and award process.

C. CONTRACT TERM: As stated previously, the Department expects to utilize a series of State

Purchase orders to fulfill its needs during the up-to-60 month term of this RFP procurement. One or more State procurement cards may also be used from time to time to place small or special orders.

D. MODIFICATION AND WITHDRAWALS: Proposals may be modified or withdrawn by the bidder prior to the established due date and time.

E. ADDENDUMS OR MODIFICATIONS TO THE RFP: In the event that it becomes necessary to supplement or revise any part of this RFP, such information will be provided in writing in the form of one or more ”modifications” to the RFP, as published under the original solicitation number, on the Colorado BIDS web site. It is the bidder‟s responsibility to monitor the BIDS solicitation notice for any modifications to the RFP during the solicitation period. Bidders should not rely on any verbal statements which alter the RFP.

F. ORAL PRESENTATIONS/SITE VISITS: If deemed to be beneficial to the CDOC, bidders may be asked to make oral presentations or to make their facilities available for a site inspection by the evaluation committee, at no cost to the CDOC.

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G. ACCEPTANCE OF RFP TERMS: A proposal submitted in response to this RFP shall constitute a binding offer. Acknowledgment of this condition shall be indicated by the autographic signature of the bidder or an officer of the bidder legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the bidder of all terms and conditions, as set forth herein. The bidder shall identify clearly and thoroughly any variations between its proposal and the State‟s RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as may be outlined or specified in the RFP.

H. PROTESTED SOLICITATIONS AND AWARDS: Any actual or prospective bidder or Contractor who is aggrieved in connection with the solicitation or subsequent award of a contract may protest to the CDOC/Purchasing Director. The protest shall be submitted in writing within seven working days after such aggrieved person knows, or should have known, of the facts giving rise thereto (emphasis added). Ref. Section 24-109, 101 et. seq., C.R.S., as amended;

Section R-24-109-201 et. seq., C.R.S. as amended; Section R-24-109-101 through R-24-109- 206, Colorado Procurement Rules. With regard to the emphasized language above, it is important for bidders to note that a challenge to the solicitation‟s requirements or specifications shall be made within 7 days of when the object of the protest is known. The requirement for timely submission of any protest will be 7 days beginning on the first working day following the State‟s Notice of Intent to Award (see item K following).

I. CONFIDENTIAL/PROPRIETARY INFORMATION: Upon publication of the Notice of Intent to

Make an Award, the procurement file for this solicitation, including the bidders‟ proposals, shall be available for public inspection in accordance with the State‟s Public (Open) Records Act (see Section 24-72-204 et. seq., C.R.S., as amended). Any request by the bidder to restrict the use or public inspection of any material included with the bidder‟s proposal must be made as follows:

1. The materials for which confidentiality (denial or restrictions to use or inspection) is requested shall be separated from the balance of the proposal, and shall be clearly identified as “confidential”. Co-mingling of confidential/proprietary and other information is NOT acceptable, and will be the basis for a determination of non-confidentiality.

2. For any such materials for which confidentiality is requested, a confidentiality request letter must be submitted prior to the proposal due date/time and under separate cover [R- 24-103-202b-08(c)]. Said letter will provide an explanation of why the materials should be considered to be confidential and/or proprietary, specifically in accordance with CRS 24-72-204 (3) (IV), and/or other statutory basis. To support the confidentiality request, the letter may also cite and provide evidence of the bidder‟s own efforts to restrict access to the materials in question, in the course of the bidder‟s own operations.

3. Documents such as an entity‟s internal operational procedures, training and/or sales materials, policies and procedures, organizational charts and key personnel resumes (but not including personnel files) are generally not believed to be within the intended context of CRS 24-72-204.

4. Any information that will be included in any resulting State contract cannot be considered confidential, including but not limited to contract pricing information.

In the event that the Purchasing Agent does not agree to the request for non-disclosure of materials designated as confidential by the bidder, the Purchasing Agent will inform the bidder accordingly in writing. (See Section 24-72-204 et. seq., C.R.S., as amended, the State Public (Open) Records Act.)

J. RFP RESPONSE MATERIAL OWNERSHIP: The State of Colorado has the right to retain the original proposal and other RFP response materials for its files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. Proposal materials may be reviewed by any person after the “Notice of Intent to Make an Award” letter(s) has/have been

RFP #2017000165 Page 12 issued, subject to the terms of Section 24-72-201 et seq., C.R.S., as amended, Public (Open)

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

The bidder expressly agrees that the State may use the materials for all lawful State purposes, including the right to reproduce copies of the material submitted for evaluation purposes or for dissemination within the State Executive Branch, and to make the information available to the public in accordance with the provisions of the Public (Open) Records Act.

K. NOTICE OF INTENT TO AWARD: The CDOC Purchasing Office, after approval of the evaluation committee‟s written award recommendation/s, will notify all bidders of the results of the RFP evaluation by publishing a solicitation award notice on the State „VSS‟ web site, and/or via email.

Either such Notice shall constitute the State‟s “Notice of Intent to Make an Award” and will name the successful bidder/s.

L. CONTRACTING PROCESS: The contents of the successful bidder‟s proposal (including the services of any specific persons identified in the proposal) will become contractual obligations if acquisition action ensues.

M. NON-COLORADO CONTRACTORS: Non-Colorado based entities, including but not limited to corporations, LLCs, partnerships, and persons doing business under another name, must be registered with the Colorado Secretary of State in order to enter into a contract with the State.

The Contractor will certify that, if a foreign (non-Colorado) corporation or entity, it currently has a Certificate of Authority to do business in Colorado issued by the Colorado Secretary of State designating a registered agent in Colorado to accept service of process.

N. RFP CANCELLATION: The State reserves the right to cancel this Request for Proposal at any time, without penalty.

O. STATE OWNERSHIP OF CONTRACT PRODUCTS/SERVICES: All products and/or services produced as a result of any contract arising from this RFP will be the sole property of the State of Colorado, except as may otherwise be specified in the bidder‟s proposal and accepted by the State.

P. INCURRING COSTS: The State of Colorado is not liable for any cost incurred by the bidder prior to issuance of a legally executed contract, purchase order or other authorized acquisition document. No property interest, of any nature, shall occur until a contract is finalized and signed by all concerned parties.

Q. MINORITY-OWNED/WOMAN-OWNED BUSINESS ENTERPRISE PARTICIPATION: It is the

State‟s intent to achieve the goals of the Governor‟s Executive Orders D0055-87 and D0005-94 regarding minority-owned/woman-owned businesses. Such vendors are highly encouraged to submit a proposal; however, there is no award preference per se at this time.

R. SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES: HB14-1224/CRS 24-103-211

sets a Service-Disabled Veteran Owned Small Business (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 who are officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Department of Veterans Affairs. (www.vip.vetbiz.gov). In accordance with DPA guidance, in the event that two or more comparable proposals are received, preference may be given to a proposal from a qualifying, responsive, responsible SDVOSB bidder. The bidder must claim and substantiate the subject preference in the proposal.

http://www.vip.vetbiz.gov/

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S. ACCEPTANCE/REJECTION OF PROPOSALS: The State of Colorado reserves the right to reject any or all proposals, and to waive minor formalities and/or irregularities in the proposals received, and to accept any portion of a proposal or its entirety, if deemed to be in the best interest of the State of Colorado.

T. PARENT COMPANY: If a bidder is owned or controlled by a parent company, the name, main office address, and parent company‟s tax identification number shall be provided in the proposal.

The tax identification number provided must be that of the bidder responding to the RFP.

U. NEWS RELEASES: News releases pertaining to award of this RFP prior to execution of the State contract, are prohibited without prior written approval by the State.

V. CONTRACT CANCELLATION: The State reserves the right to cancel, for cause, any contract resulting from this RFP by providing timely written notice to the Contractor.

W. NON-COLLUSION: The bidder affirms, by signing the RFP Cover Page Document, that its proposed prices and terms have been arrived at independently without collusion, consultation, or communication with any other bidder or competitor; and that said proposed prices and terms were not disclosed by the bidder and were not knowingly discussed prior to the proposal submission, directly or indirectly, with any other bidder or to any competitor; and no attempt was made by the bidder to influence any other person, partnership, or corporation for the purpose of restricting competition.