STATE OF COLORADO

REQUEST FOR PROPOSAL

COVER SHEET

Return all Sealed Vendor Self Service (COLORADOVSS)/Proposals to:

Department of Education 201 E. Colfax Ave, Rm 409 Denver, CO 80203

reynolds_e@cde.state.co.us

RFP Opening Date:

All Proposals Shall be Quoted F.O.B. Destination unless Otherwise Specified

TITLE: RFP-DAA- 2016000062 Grade 10 and College Entrance Exams Per the attached specifications, terms and conditions

F.E.I.N.:

Payment Terms:

(Minimum of Net 30)

Delivery Date:

Authorized Signature:

Typed/Printed Name:

Title:

Company Name:

Address:

City:

State:

Zip:

Phone Number:

Fax Number:

Contact for Clarifications:

Title:

Phone Number:

Fax Number:

E-mail Address:

IMPORTANT:

The title of the RFP (noted above) must be on the outside of the Response Return Envelope.

Telegraphic or electronic Vendor Self Service (ColoradoVSS) (Fax, Western Union, Telex, e-mail, etc.) cannot and will not be accepted directly in the Purchasing Office as a sealed response. Prospective Offerors are urged to read the Solicitation document thoroughly before submitting a bid/proposal. Show the following information clearly on the outside of the sealed package:

Offeror’s Name RFP # RFP-DAA-2016000062 Grade10 and College Entrance Exams Proposal Due: 12/04/2015, 12:00 PM (MST) Offeror’s Email Address: ______________________

Checklist:

Confirm that you are aware that the award notice will be published on Colorado COLORADOVSS _______Yes My Company is registered on Colorado COLORADOVSS ____Yes ____NO List the Number of RFP Modifications that you have seen on the COLORADOVSS web site. ________ Confidential/Propriety Information: Included and as segregated pages _____Yes _____NO Registered with the Colorado Secretary of State. ____NO ____Yes, and #___________________________

THIS FORM MUST BE COMPLETED, SIGNED AND RETURNED WITH YOUR RESPONSE

Table of Contents

GLOSSARY 89

EXHIBITS 147

Exhibit 1: State of Colorado, CDE, IT Model Contract for Personal Services is attached as a separate document

INTRODUCTION

This Request for Proposals (RFP) from the Colorado Department of Education (CDE) invites technical and cost proposals from qualified Offerors experienced in statewide and national student assessment with the capacity to deliver the work associated with the following components of the Colorado assessment system, which are scheduled to be administered operationally for the first time in school year 2015-2016:

A. Colorado Tenth Grade Exam. Critically, this exam must be aligned with the Grade 9 and 10 Reading, Writing and Communicating and high school span math Colorado Academic Standards. Algebra II and Integrated/International III content is not required. This exam must also be aligned to the college entrance exam described below. This assessment will be administered to all grade 10 students enrolled in public school, with the exception of students with the most significant cognitive disabilities eligible for the Colorado Alternate Assessment (CoAlt). Meeting federal requirements for high school reading/language arts and mathematics assessments and accountability is essential. The requirements and specifications for this assessment are described in Section 3 of this RFP.

B. Colorado College Entrance Exam. The Colorado college entrance exam is referred to in legislation as the “curriculum-based, achievement college entrance exam.” This achievement exam must be administered throughout the United States and relied upon by institutions of higher education. (Currently, the assessments developed under the federal race to the top assessment grants do not meet these requirements.) At a minimum the areas of Reading, Writing, Mathematics, and Science must be included. The Reading, Mathematics and Science portions of the assessment will be administered to all grade 11 students enrolled in a public school, with the exception of students with the most significant cognitive disabilities eligible for the Colorado Alternate Assessment (CoAlt). The Writing portion of the assessment will be administered to those 11th grade students who request it. The requirements and specifications for this assessment are described in Section 3 of this RFP.

The result of this RFP will be to hire a contractor to provide products and processes for state-specific development, if needed; administration; scoring; reporting; and professional development related to the tenth grade exam and the college entrance exam during the 2015-16, 2016-17, 2017-18, 2018-19, and 2019-20 school years. Private contractors and not-for-profit firms and institutions with experience in developing, producing, administering, scoring and reporting large-scale, high stakes assessments are eligible to respond to this RFP.

The assessments may be administered online where applicable and fiscally practicable; however, per Colorado statute, even if the assessments are administered online, a paper version must be made available to schools and districts upon request. The narrative proposal and costing should be based on a paper-based administration assumption.

Offerors must bid on both the 10th grade and college entrance exams. The Offeror’s proposal must completely address both exams.

CDE will select the Offeror that demonstrates a strong commitment to data privacy and security and provides a technically sound and cost effective proposal.

Offerors may partner with another firm to provide parts of the solution; however, the Offeror must provide management of the partner and is responsible for all project performance. The Offeror is responsible for ensuring that each subcontractor acknowledges and is contractually bound by the staffing plan and other commitments listed in this RFP, including all data privacy and security requirements.

NOTE: Funding for Colorado state assessment components is typically made available through legislatively-appropriated state funds, federal funds made available through the Elementary and Secondary Education Acts of 1965 as amended by the No Child Left Behind Act of 2001, and federal funds made available under Part B, Section 611, Grants to States of the Individuals with Disabilities Education Act, as amended. Colorado fiscal years run from July to June, with the final appropriations signed into law in May or June. Individual assessment components may be eliminated or scaled back during any particular year(s) if funding is not sufficient to meet costs. Therefore, any award pursuant to this RFP, and any resulting contracted work for years beyond fiscal year 2016, is contingent upon CDE securing funds.

This RFP contains information to inform, guide, and direct the Offeror in preparing a comprehensive response for assessment solutions. All sections of the RFP must be considered in the Offeror’s proposal.

Appendix B: Sample Technical Report Table of Contents

Exhibits, Certification and Assurance Forms. See Section 1 of the RFP for additional information.

Exhibit 1: State of Colorado, CDE, IT Model Contract for Personal Services Exhibit 2: Non-Conflict of Interest Statementr Exhibit 3: Offeror Disclosure Statement Exhibit 4: Guide for E-Verify and CDLE Program Exhibit 5: Notice of Participation (E-Verify) Exhibit 6: Contractor Affirmation Form (E-Verify) Exhivit 7: W-9 for Independent Contractors – State of Colorado Form Exhibit 8: CDE Exhibit IC of Contract for Personal Services, Independent Contractor Provision Exhibit 9: FERPA Confidentiality Agreement

RFP-ER--CDE-12-021

STUDENT ASSESSMENTS

RFP-DAA-2016000062

Grade 10 and College Entrance Exams

SECTION 1 – ADMINISTRATIVE INFORMATION

Issuing Office

This RFP is issued by the State of Colorado (State) for the benefit of the Department. The Department’s designated Purchasing Agent, Eva Reynolds, is to be the sole point of contact concerning this RFP. Ms. Reynolds’ email address is reynolds_e@cde.state.co.us. All communication must be with Eva Reynolds. Other CDE personnel, as well as potential reviewers or observers are not allowed to discuss this project or the RFP with Offerors. Contact with any of these personnel regarding this RFP is strictly prohibited and could result in Offeror disqualification.

Invitation to Submit Proposals Notices are posted on VENDOR SELF SERVICE (ColoradoVSS) website (https://codpa-ColoradoVSS.hostams.com/webapp/). It is very important that Offerors check VENDOR SELF SERVICE (ColoradoVSS) on a regular basis, as this is the sole means for communicating any clarifications or changes to RFP content and/or requirements. Offerors who have an interest may submit a proposal in accordance with the terms of the RFP. Offerors must be registered with VENDOR SELF SERVICE (COLORADOVSS) in order to respond to these bidding opportunities. To register on VENDOR SELF SERVICE (ColoradoVSS), see. (https://codpa-ColoradoVSS.hostams.com/webapp/)

3. Timeline:

Table 1 Estimated Timeline of RFP Process

5:00 PM (MST)

5:00 PM (MST)

12:00 PM (MST)

4. Contract Period The initial contract period for Component A: Tenth Grade Exam and B: College Entrance Exam is anticipated to begin no sooner than January 1, 2016, and is expected to extend from the execution of the contract through September 30, 2016. The initial contract(s) will be effective upon approval by the State Controller through the current fiscal year. The initial contract(s) may be renewed for additional years per below schedule at the sole discretion of the State, contingent upon contractual requirements being satisfied and funds being appropriated, budgeted, and otherwise made available. The contract(s) may be renewed for the first year of the operational assessment, followed by four single assessment cycles. Presuming satisfactory work on the part of the Offeror and reasonable cost proposals for the renewal periods, the resulting contract periods are expected to be as follows:

No sooner than January 1, 2016 through September 30, 2016 (first operational test, including reporting);

October 1, 2016 through September 30, 2017 (second operational test, including reporting);

October 1, 2017 through September 30, 2018 (third operational test, including reporting);

October 1, 2018 through September 30, 2019 (fourth operational test, including reporting); and October 1, 2019 through September 30, 2020 (fifth operational test, including reporting).

Renewal and continuation will be at the sole discretion of the State, contingent upon contractual requirements being satisfied and funds being appropriated, budgeted, and otherwise made available.

Offeror’s MANDATORY Intent to Respond to RFP Any Offeror whose intent is to respond to this solicitation must respond no later than November 11, 2015, 5:00 PM (MST) via email to the following address:

reynolds_e@cde.state.co.us

Submitting a letter of intent does not bind an Offeror to actually submitting a proposal for one or more of the assessment components; however, only proposals from Offerors that have submitted the letter of intent to respond will be accepted by CDE for consideration.

If the Offeror intends to respond to this RFP and accepts the terms set forth in the RFP, the Offeror must send a letter via email to reynolds_e@cde.state.co.us no later than 5:00 PM (MST), November 11, 2015, indicating the Offeror’s intent should include.

1. Intent to provide a solution for both the 10th grade exam and the 11th grade college entrance exam

1. The subcontractors, if known, which will be involved in each assessment.

1. The Offeror’s commitment to conduct a webinar on how to use and interpret reports for students.

1. The Offeror’s commitment to participate in on-site interviews related to any aspect of its proposal and to provide an on-site demonstration of any of the relevant tools and services it is proposing, including, but not limited to, its ordering system, its item banking system, its scoring system, and its reporting system. The participating Offeror’s team must include the proposed project manager, executive team contact person and psychometrician identified in the proposal. Key subcontractor personnel may be included. Based on demonstrations requested and questions asked, additional Offeror personnel intended to be active, on-going participants in the project may also attend.

1. Identification of a contact person for purposes of this RFP with all contact information including e-mail address.

The letter must be signed by the individual authorized by the Offeror to make the offer to perform the work described in this RFP. In the case of organizations, individuals signing this letter must indicate their position title and certify that they are authorized to offer a response on behalf of the organization.

Offerors submitting letters of intent to respond will receive a confirmation email from the Purchasing Agent of receipt of their intent to respond.

Inquiries/Questions Offerors inquires/questions will be a two-step process.

· All questions related to data privacy and security must be received no later than November 11, 2015, 5:00 PM (MST).

· All other questions must be received no later than November 13, 2015, 5:00 PM (MST).

All inquires/questions must be made in writing (via email) concerning this RFP to obtain clarification of requirements. Inquiries are to be in a WORD attachment to the email. No inquiries will be accepted after the deadline of November 11, 2015, 5:00 PM (MST) for data privacy and security questions and November 13, 2015, 5:00 PM (MST) for all other questions.

Send all inquiries to the Purchasing Agent, Eva Reynolds, at:

Colorado Department of Education Attention: Eva Reynolds Email: reynolds_e@cde.state.co.us

E-mail submissions must be clearly labeled in the subject line with “RFP-2016000062 - Inquiries”. CDE reserves the right to refrain from responding to questions received after November 13, 2015, 5:00 PM (MST).

It is our intent that responses to the Offeror's inquiries will be published no later than 5:00 pm Mountain Time, November 16, 2015, as a modification on ColoradoVSS for questions related to data privacy and security and 5:00 pm Mountain Time, November 19, 2015 for all other questions.. Offerors shall not rely on any verbal statements that alter any specification or other term or condition of the RFP. Such changes are valid only if provided in writing by the Purchasing Agent.

Inquiries related to the Statement of Work must contain the following information, preferably in a table similar to the format below: page number, the responsibility requirement or responsibility requirement specification code and question.

Table 2 Submission of Questions Format

requirement code and title or component responsibility requirement specification code and title Question

Responses to the Offeror's inquiries will be published, in a timely manner, as a modification on VENDOR SELF SERVICE (ColoradoVSS). Offerors shall not rely on any verbal statements that alter any specification or other term or condition of the RFP. Such changes are valid only if provided in writing by the Purchasing Agent.

A Pre-Proposal Conference will NOT be held.

Modifications or Withdrawal of Proposals Proposals may be modified or withdrawn by an Offeror prior to the established due date and time.

Proposal Submission Proposals must be received on or before the date and time indicated in the Schedule of Activities. Late proposals will not be accepted. It is the Offeror’s responsibility to ensure that proposals are received by the Department on or before the submission deadline: December 4, 2015, 12:00 PM (MST). Offerors mailing their proposals shall allow sufficient mail delivery time to ensure receipt of their proposals by the time specified. Postmarks are not sufficient for timely submissions. The proposal package shall be delivered or sent by mail to:

Colorado Department of Education Purchasing and Contracts Department Attn: Eva Reynolds 201 E. Colfax Avenue, Room 409 Denver, CO 80203

Proposal Submission/Copies Detailed instructions on proposal preparation and submission are in Section 4. It is the responsibility of the Offeror to ensure that CDE receives the written proposal on or before the proposal opening date and time, regardless of the delivery method used and per packaging instructions identified in Section 4.

Caution: Daily mail may not be received by the CDE prior to 12:00 pm (MST). Offerors are responsible for ensuring timely receipt. Telegraphic or electronic proposals (fax, e-mail, etc.) will not be accepted.

The State of Colorado Request for Proposal Cover Sheet (page 1) MUST be signed in ink, preferably in blue ink, by the Offeror or an officer of the Offeror legally authorized to bind the Offeror to the proposal. Proposals that are determined to be at a variance with this requirement may not be accepted.

Addendum or Supplement to Request for Proposal In the event that it becomes necessary to revise any part of this RFP, a modification notice will be posted on ColoradoVSS. It is very important that Offerors check ColoradoVSS on a regular basis, as this is the sole means for communicating any clarifications or changes to RFP content and/or requirements. Responses to inquiries will be posted here as well.

RFP Cancellation The State of Colorado (State) reserves the right to cancel this entire RFP or individual components at any time, without penalty.

Oral Presentations/Live Demonstrations/Interviews/Site Visits Offerors may be invited to provide live an oral presentation, demonstrations, participate in in–person interviews, and/or to make their offices available for a site visit by the evaluation committee. Such presentations and/or site visits will be at the Offeror's expense.

Best and Final Offers CDE may, at its sole discretion, either accept an Offeror’s initial proposal by award of a contract or enter into discussions with Offerors whose proposals are deemed to be reasonably likely of being considered for award. In conducting discussions, there shall be no disclosure of any pricing information derived from proposals submitted by a competing Offeror(s). Offeror(s) may be invited to submit a “Best and Final Offer” to CDE for consideration. Best and Final Offers will be made at the Offeror’s expense.

Acceptance of RFP Terms A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of the Offeror shall indicate acknowledgment of this condition. Signature shall be that of a person legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the Offeror of all terms and conditions including compensation, as set forth herein. An Offeror shall identify clearly and thoroughly any variation between its proposal and the State’s RFP requirements. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

Protested Solicitations and Awards Any actual or prospective Offeror who is aggrieved in connection with the solicitation or award of a contract may protest to: State Purchasing Director, State of Colorado, State Purchasing Office, 1525 Sherman Street, 3rd Floor, Denver, CO 80203, with a copy being forwarded to the Purchasing Agent at reynolds_e@cde.state.co.us. The protest shall be submitted in writing within seven (7) working days after such aggrieved person knows of the facts giving rise to the protest. (Reference: Section 24-109-102, C.R.S.)

Proprietary/Confidential Information Any restrictions of the use or inspection of material contained within the proposal shall be requested prior to the submission of the proposal via email to the Purchasing Agent at reynolds_e@cde.state.co.us. Written requests for confidentiality shall be submitted, by the Offeror prior to the proposal submission date. The Offeror must state specifically what elements of the proposal that would be considered confidential/proprietary.

The State will make a written determination as to the apparent validity of any written request for confidentiality. In the event that the State does not concur with the Offeror’s request for confidentiality, the written determination will be sent to the Offeror. Ref. Section 24-72-201 et seq., C.R.S., as amended, Public Open Records Act.

The Purchasing Agent will make a written determination as to the apparent validity of any written request for confidentiality, the written determination will be sent to the Offeror.

Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal as directed in Section V.

For requests granted, the Offeror must state specifically which elements of the proposal are to be considered confidential/proprietary and must state the statutory basis for the request under the Public (open) Records Act. (Section 24-72-201 et seq., C.R.S.). Confidential/Proprietary information must be readily identified, marked and separated/packaged from the rest of the proposal. Co-mingling of confidential/proprietary and other information is not acceptable. Neither a proposal, in its entirety, nor proposal price information will be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential.

Each Offeror acknowledges that they may come into contact with confidential information contained in the records or files of the State in connection with any resulting contract or in connection with the performance of its obligations under any resulting contract. The Awarded Offeror will be required to keep such records and information confidential and shall comply with all laws and regulations concerning the confidentiality of such records to the same extent as such laws and regulations apply to the State. The Awarded Offeror will be required to notify its employees that they are subject to the confidentiality requirements and provide each employee with a written explanation of the confidentiality requirement before the employee is permitted access to confidential data. The Awarded Offeror shall provide and maintain a secure environment that ensures confidentiality. The confidentiality of all information will be respected and no confidential information shall be distributed or sold to any third party nor used by the Awarded Offeror or its respective assignees and/or subcontractors in any way except as authorized by the resulting contract. Confidential information shall not be retained in any files or otherwise by the Awarded Offeror. Disclosure of such information may be cause for legal action against the Awarded Offeror. Defense of any such action shall be the sole responsibility of the Awarded Offeror. Unless directed otherwise, the Awarded Offeror is required to keep all State information in a secure, confidential manner.

RFP Response Material Ownership All materials submitted regarding this RFP become the property of the State. This RFP does not commit CDE to award a contract or to pay any costs incurred in the preparation of a proposal. All costs incurred by an Offeror in responding to this RFP shall be borne by the Offeror. Proposals may be reviewed by any person after the "Notice of Intent to Make an Award" letter has been issued, subject to the terms of Section 24-72-201 et seq., C.R.S., as amended, Public Open Records.

Proposal Prices Estimated proposal prices are not acceptable. Prices are expected to be firm, fixed price, and fixed rates in United States funds. Proposal prices will be considered your best and final offer, unless CDE initiates discussion as described in Section 1.K above. Proposals submitted must include all related costs, examples surcharges, travel, etc. Any costs not included as part of the proposal will be disallowed. Offerors must segregate the portion of the proposal responding to the Cost Proposal Component so the technical proposals can be evaluated without consideration of the price or funding model. The proposal price will be considered in determining the apparent Successful Offeror.

Selection of Proposal – Notice An Evaluation Committee will review and evaluate offers submitted and make a recommendation for award. This selection will be for award to the responsible Offeror whose proposal is determined to be most advantageous to the State. The Department will notify a "Notice of Intent to Make an Award" via email to all respondents of the apparent Successful Offeror.

Award of Contract The award will be made to the responsible Offeror whose proposal, conforming to the RFP, will be the most advantageous to the State, price and other factors considered. A contract must be completed and signed by all parties concerned. In the event the parties are unable to enter into a contract, the State may elect to cancel the "Notice of Intent to Make an Award" letter and make the award to the responsible Offeror whose proposal would subsequently have received the award.

Standard Contract/Model Contract The draft contract to be executed is included as an exhibit to this solicitation (see Exhibit 1 labeled State of Colorado, CDE, IT Model Contract for Personal Services). This draft contract and Exhibit 8, CDE Exhibit IC – CDE, Independent Contractor Provisions included in this RFP shall govern this procurement and are hereby incorporated by reference. The State, in addition to the terms and conditions outlined in the attached draft contract will incorporate Special Provisions into the contract resulting from this RFP.

If an Offeror has any suggested modifications to the contract, the Offeror must include and clearly indicate such modifications in its RFP response. No changes to the legal provisions of the contract will be considered unless the Offeror proposes specific, alternative language to that included in the contract attached as Exhibit 8. If your firm normally seeks counsel on contract terms, please do so before submitting a response to this RFP. Failure to resolve exceptions to the contractual terms within 5 business days from CDE’s first contact with the Offeror regarding the exceptions may preclude CDE’s further consideration of the Offeror’s proposal.

The Offeror’s signature on the Request for Proposal Cover Sheet is confirmation that the Offeror understands and acknowledges that any award will require a contract between the State and the Offeror containing the terms and conditions in the attached contract.

Acceptance of Proposal Content The contents of the proposal (including persons specified to implement the project) of the Successful Offeror will become contractual obligations if acquisition action ensues. Failure of the Successful Offeror to accept these obligations in a contract, purchase order, or similar authorized acquisition document may result in cancellation of the award and such Offeror may be removed from future solicitations.

State Ownership of Contract Products/Services Proposals, upon established opening time, become the property of the State of Colorado. All products/services produced in response to the contract resulting from this RFP will be the sole property of the State of Colorado, unless otherwise noted in the RFP or contract. The contents of the Successful Offeror’s proposal will become contractual obligations.

Incurring Costs The State is not liable for any cost incurred by Offerors 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 awarded and signed by all concerned parties.

Non-Discrimination The Offeror shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.

Rejection of Proposals The State reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received and to accept any portion of a proposal or all items proposed if deemed in the best interest of the State.

Parent Company If an Offeror is owned or controlled by a parent company, the name, main office address and parent company's tax identification number shall be provided in the proposal. The tax identification number provided must be that of the Offeror responding to this RFP.

News Releases News releases pertaining to this RFP shall NOT be made prior to execution of the contract without prior written approval by the State.

Multiple Awards The State reserves the right to award this RFP in part, to multiple Offerors, if so determined by the State to be in the best interests of the State.

Debarment and Suspension By submitting a proposal in response to this RFP the Offeror certifies to the best of its knowledge and belief that it, its principals, and proposed subcontractors (if any):

1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any federal debarment or agency;

1. Have not within a three-year period preceding the Due Date of this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;

1. Are not presently under investigation for, indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in Paragraph IV.K.2., above; and

1. Have not within a three-year period preceding the Due Date of this proposal had one or more public transactions (federal, state, or local) terminated for cause or default.

1. If the Offeror is unable to certify to any of the statements in this certification, it shall provide an explanation as an attachment to the proposal. This explanation is exempt from page limitations on the proposal, if any. The inability of the Offeror to provide the certification will not necessarily result in disqualification of the Offeror. The explanation will be considered in connection with the department's determination whether to select an Offeror.

Disclaimer All statistical and fiscal information contained within this RFP, and any amendments and modifications thereto, reflect the best and most accurate information available to CDE at the time of RFP preparation. No inaccuracies in such data shall constitute a basis for legal recovery of damages or protests, either real or punitive, except to the extent that any such inaccuracy was a result of intentional misrepresentation by CDE.

Doing Business in Colorado An Offeror wanting to do business in Colorado must register with the Colorado Secretary of State in accordance with Section 7-90-801, C.R.S. An Offeror must be registered to do business in Colorado within 10 business days of the RFP award notification to the Apparent Successful Offeror. A copy of the business entity’s Articles of Incorporation and/or Bylaws may be requested by the State.

This is the link for the Colorado Secretary of State’s Website: http://www.sos.state.co.us (Recommend going to the “Business Center” section, then opening the “Business Home” page, under the “General Information” section review the FAQs.)

Organizational/Contractor Non-conflict of Interest Statement – Requirements of this Solicitation and Subsequent Contract Any business entity or person is prohibited from being awarded a contract if it/they has/have an “Organizational Conflict of Interest” with regard to this solicitation and resulting contract.

No person or business entity who was engaged by the State to prepare the original RFP or has access prior to the solicitation, to sensitive information related to this procurement process, including, but not limited to requirements, statements of work, or evaluation criteria, will be eligible to directly or indirectly submit or participate in the submission of a proposal for this solicitation. The State considers such engagement or access to be an Organizational Conflict of Interest, which would cause such business entity or person to have an unfair competitive advantage.

If the State determines that an Organizational Conflict of Interest exists, the State, at its discretion, may cancel the contract award. In the event that the Awarded Offeror was aware of an Organizational Conflict of Interest prior to the award of the contract and did not disclose the conflict to the procuring agency, the State may terminate the contract for default. All Offerors are to submit the signed Contractor Non-Conflict of Interest Statement, Exhibit 2, with their response.

Offeror Disclosure Statements In compliance with Section 24-102-206, C.R.S., Contractor Performance outside the United States or Colorado, the awarded Offeror is required to disclose information to the State on where services will be performed under the contract by completing and submitting the Disclosure Statement, Exhibit 3. Only the awarded Offeror(s) is required to submit this document to the State upon request. This solicitation requires that all work associated with this effort be performed in the United States.

Federal E-Verify and Colorado Department of Labor and Employment Program Effective May 13, 2008, Contractors who enter into a public contract for services with Colorado state agencies must participate in either the federal E-Verify program, or the newly created Colorado Department of Labor and Employment Program (Department Program).

The option to enroll in the new Department Program instead of E-Verify was created by Colorado State Senate Bill 08-193, which amended the Public Contracts for Services and Illegal Alien Laws, Section 8-17.5-101, C.R.S. A copy of the Guide to Contractor Participation and copies of the Notice of Participation and Contractor Affirmation forms are attached to this RFP as Exhibits 4, 5, and 6, respectively. For the purpose of this RFP, only the Awarded Offeror is required to submit these documents to the State upon request.

Federal Employer Identification Number (FEIN) For the purpose of verifying the Offeror’s registration to the Colorado COLORADOVSS system, the Offeror is required to provide their FEIN in their proposal. Additionally, Offerors are required to submit their FEIN prior to contract, or purchase order issuance, or payment from the State of Colorado. A W-9, Taxpayer Identification form provided by the State may be required as shown in Exhibit 7. Only the Awarded Offeror is required to submit a W-9, Exhibit 7, to the State upon request

Certification of Independent Price Determination

A proposal will not be considered for award where subsections (1)(a),(1)(c),or (2) above has been deleted or modified. Where subsection (1)(b) above has been deleted or modified, the proposal will not be considered for award unless the Offeror furnishes with the proposal a signed statement which sets forth in detail the circumstances of the price disclosure and the head of the procuring agency or his or her designee, determines that such disclosure was not made for the purpose of restricting competition.

Funding The budget for this project including the tenth grade exam, the college entrance exam, and the optional writing component of the college entrance exam is up to a maximum of four million, three hundred ninety-one thousand six hundred eighty dollars, ($4,391,680) for all expenses of the Fiscal Year 2015-2016. Funding for contract years two through five is dependent on funds being appropriated, budgeted, and made available by the state legislature and therefore is unknown at this time,.

Contract Period It is anticipated that this RFP will result in an initial nine (9) month contract, the initial contract will be effective upon approval by the State Controller to September 30, 2016. The initial contract(s) may be renewed for four (4) subsequent one-year periods not to exceed five (5) accumulative years at the sole discretion of the State, contingent upon contractual requirements being satisfied and funds being appropriated, budgeted, and otherwise made available. The initial contract will be effective upon approval by the State Controller.

Renewal and continuation will be at the sole discretion of the State, contingent upon contractual requirements being satisfied and funds being appropriated, budgeted, and otherwise made available.

Legislative and Policy Changes.

The subject matter of this RFP may be subject to legislative changes either by the federal or state government. If any such changes occur prior to the submission deadline, then all Offerors will have the opportunity to modify their proposals to reflect such changes. If any such changes occur after the submission deadline, then (i) CDE reserves the right to negotiate modifications with the identified finalist (’s) and/or with the Successful Offeror’s proposal reflecting such legislative changes; and (ii) CDE shall have no obligation to provide unsuccessful Offerors with the opportunity to modify their submissions to reflect such legislative changes.

Order of Precedence In the event of any conflict or inconsistency between terms of this RFP, the contract, and the proposal, such conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of the contract, second to this RFP, and third, to the Successful Offeror’s proposal.

Venue All suits or actions related to this solicitation/contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.

Rights in Data, Documents, and Computer Software Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or work product of any type, including drafts, prepared by the Successful Offeror in the performance of its obligations under the resulting contract (the Work Product) shall be the exclusive property of the State and the Successful Offeror shall deliver all such Work Product to the State upon completion, termination, or cancellation of the contract. The rights of the State with respect to such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use such Work Product.

The parties acknowledge that any Work Product developed from federal funds may be the property of the federal government, in which case the State reserves a royalty-free, non-exclusive, irrevocable license to reproduce, publish and otherwise use, and authorize others to use, such Intellectual Property for the purposes of the State and the federal government.

The Awarded Offeror shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of the Awarded Offeror’s obligations under the contract, without the prior written consent of the State. The rights of the State with respect to such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use such property.

The State shall be the owner of all licenses to third party proprietary operating and Offeror software packages provided by Offeror.

Information Technology (IT) Warranty In the event that IT related equipment, software, and/or services are provided by the Offeror, the Contractor represents warrants and covenants that in providing products and deliverables and performing services pursuant to the terms of the RFP, Contract and any Order:

The Contractor shall strictly comply with the descriptions and representations as to the services (including performance, capabilities, accuracy, completeness, characteristics, specifications, configurations, standards, functions and requirements) which appear in the RFP, Offeror’s RFP response, Contract or any Order and the Contractor and its employees shall perform the services in a timely manner. In addition to any express and implied warranties provided to the State under law or under other provisions of this RFP, Contract or any Order, the Contractor hereby expressly warrants that the services to be performed hereunder shall be performed in a workmanlike manner, subject to the supervision and instructions provided by the State, and that all work performed pursuant to a Contract shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other providers of similar services under similar circumstances at the time the services are provided;

The Contractor's products, if any, will conform to generally applicable standards in the industry and the Contractor shall use only new standard parts and materials or parts and materials equal in performance to new…