STATE OF COLORADO

REQUEST FOR PROPOSAL

COVER SHEET

MODIFICATION 1, 04/05/2017

Date: March 21, 2017 RFP Number: RFP-DAA-2017000223

Return all Sealed Bids/Proposals to:

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

Purchasing Agent:

Eva Reynolds reynolds_e@cde.state.co.us

Proposal Opening

Date: April 28, 2017 Proposal Opening

Time: 2:00 12;00 p.m. (MT)

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

TITLE: RFP-DAA-2017000223 Student Assessments 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 bids (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-2017000223 Student Assessments Proposal Due: April 28, 2017, 12:00 PM (MT) Offeror’s Email Address: ______________________

Checklist:

My Company is registered on Colorado VSS ____Yes ____NO List the Number of RFP Modifications that you have seen on the VSS web site. ________ Confidential/Propriety Information: Included and as segregated pages on a separate USB _____Yes _____NO Registered with the Colorado Secretary of State. ____NO ____Yes

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

mailto:ereynolds520@comcast.net

RFP-DAA-2017000223

STUDENT ASSESSMENTS

Table of Contents

INTRODUCTION 3

SECTION 1 – ADMINISTRATIVE INFORMATION 7

A. ISSUING OFFICE

B. INVITATION TO SUBMIT PROPOSALS

C. OFFEROR’S MANDATORY INTENT TO RESPOND TO RFP

D. INQUIRIES/QUESTIONS

E. MODIFICATIONS OR WITHDRAWAL OF PROPOSALS

F. PROPOSAL SUBMISSION

G. PROPOSAL SUBMISSION/COPIES

H. ADDENDUM OR SUPPLEMENT TO REQUEST FOR PROPOSAL

I. RFP CANCELLATION

J. ORAL PRESENTATIONS/LIVE DEMONSTRATIONS/INTERVIEWS

K. BEST AND FINAL OFFERS

L. BINDING OFFER AND ACCEPTANCE OF RFP TERMS

M. PROTESTED SOLICITATIONS AND AWARDS

N. PROPRIETARY/CONFIDENTIAL INFORMATION

O. RFP RESPONSE MATERIAL OWNERSHIP

P. PROPOSAL PRICES

R. AWARD OF CONTRACT

S. STANDARD CONTRACT/MODEL CONTRACT

T. ACCEPTANCE OF PROPOSAL CONTENT

U. INCURRING COSTS

V. NON-DISCRIMINATION

W. REJECTION OF PROPOSALS

X. PARENT COMPANY

Y. NEWS RELEASES

Z. DEBARMENT AND SUSPENSION

AA. CONTRACTOR PERFORMANCE DISCLOSURE

BB. DISCLAIMER

CC. DOING BUSINESS IN COLORADO

DD. ORGANIZATIONAL/CONTRACTOR NON-CONFLICT OF INTEREST STATEMENT –

REQUIREMENTS OF THIS SOLICITATION AND SUBSEQUENT CONTRACT

EE. OFFEROR DISCLOSURE STATEMENTS

FF. FEDERAL E-VERIFY AND COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT

PROGRAM

GG. FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN)

HH. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

II. FUNDING

JJ. CONTRACT PERIOD

KK. LEGISLATIVE AND POLICY CHANGES

LL. ORDER OF PRECEDENCE

MM. VENUE

NN. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE

OO. INFORMATION TECHNOLOGY (IT) WARRANTY

PP. INTELLECTUAL PROPERTY CLAUSES

QQ. DATA AND DOCUMENT DELIVERABLES

RR. INTELLECTUAL PROPERTY INDEMNIFICATION

SS. BREACH OF SECURITY OF STATE DATA

TT. FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

UU. TAXES

VV. PUBLIC OPENING OF PROPOSALS

WW. SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSBS)

XX. LIQUIDATED DAMAGES

SECTION 2 – BACKGROUND INFORMATION 22

A. COLORADO SYSTEM IMPROVEMENT EFFORTS

B. COLORADO DATA SYSTEMS

C. GENERAL INFORMATION ON COLORADO EDUCATION SYSTEM

SECTION 3– STATEMENT OF WORK WITH RESPONSIBILITIES BY COMPONENT 30

A.1. GENERAL REQUIREMENTS

A.2. CORPORATE CAPACITY AND PERSONNEL

A.3. PROGRAM MANAGEMENT

A.4. ASSESSMENT DEVELOPMENT

A.5. ASSESSMENT ADMINISTRATION

A.6. ONLINE TEST MANAGEMENT AND TEST ADMINISTRATION SYSTEMS

A.7. SCANNING AND SCORING

A.8. REPORTING OF DATA FILES AND ASSESSMENT RESULTS

A.9. PSYCHOMETRIC AND TECHNICAL ACTIVITIES

A.10. TRAINING AND SUPPORT

A.11. CUSTOMER SERVICE

SECTION 4 – FORMAT FOR RESPONSES 145

SECTION 5 - PRICING (COST) PROPOSAL 148

SECTION 6 – PROPOSAL EVALUATION 149

GLOSSARY 152

APPENDIX A: TABLE OF CONTENTS FROM THE CURRENT PROCEDURES MANUAL 156

APPENDIX B: SAMPLE TECHNICAL REPORT TABLE OF CONTENTS 162

ATTACHMENT 1: CRITERIA FOR RESPONSIVENESS CERTIFICATION FORM 170

ATTACHMENT 2: STATEMENT OF WORK CHECKLIST 173

ATTACHMENT 3: CRITICAL KEY ACTIVITIES FOR THE COLORADO ASSESSMENT

PROGRAM 181

ATTACHMENT 4: DELIVERABLES SUBJECT TO LIQUIDATED DAMAGES 197

ATTACHMENT 5: COLORADO COST SHEETS 201

ATTACHMENT 6: COMPANY EXPERIENCE AND DEMONSTRATED CAPABILITY FACT

SHEET 4

EXHIBIT 1: STATE OF COLORADO, CDE, MODEL CONTRACT FOR PERSONAL

SERVICES 1

EXHIBIT 2: CONTRACTOR NON-CONFLICT OF INTEREST STATEMENT (FORM) 4

EXHIBIT 3: OFFEROR DISCLOSURE STATEMENT 5

EXHIBIT 4: GUIDE FOR E-VERIFY AND CDLE PROGRAM 6

EXHIBIT 5: NOTICE OF PARTICIPATION (E-VERIFY) 8

EXHIBIT 6: CONTRACTOR AFFIRMATION FORM (E-VERIFY) 9

EXHIBIT 7: W-9 FOR INDEPENDENT CONTRACTORS- STATE OF COLORADO FORM 10

INTRODUCTION

The Colorado Department of Education (CDE) seeks proposals from qualified Offerors experienced in high stakes, statewide student assessment with the capacity to develop, deliver, score and report online and paper-based comparable summative assessments. Private contractors and not-for-profit firms and institutions with experience in developing, producing, administering, scoring and reporting online and paper-based large-scale assessments are eligible to bid.

It has been determined by the State to be in the best interest of the State to have a single contract for the work being requested under this Request for Proposals (RFP).

This RFP from CDE invites technical and cost proposals for the work associated with the following components of Colorado’s assessment system, which are currently scheduled to be administered according to the timeline described for each of the following components:

A. Colorado Measures of Academic Success (CMAS): Science and Social Studies. Science assessments are administered in grades 5, 8, and 11, while Social Studies assessments are administered on a sampling basis in grades 4, 7, and 11. Grades 4 and 7 are administered to approximately a third of Colorado students and schools each year. High school is currently scheduled to be administered as a census test in 2018 and then to approximately a third of Colorado students and schools each year thereafter.

The Successful Offeror shall be responsible for the development and administration activities necessary for a successful operational administration of the science and social studies, including high school, assessments starting in school year 2017-2018. The CMAS Science and Social Studies assessments were administered operationally for the first time in 2014. The Successful Offeror will be expected to utilize and build upon the program’s existing Colorado-owned item bank, assessment development resources, and administration efforts to support a seamless transition for students and educators. The design for these assessments is described in Section 3.A.4 of this RFP.

B. Colorado Measures of Academic Success (CMAS): Mathematics and English Language Arts, including Colorado Spanish Language Arts Assessment (CSLA). In December, the Colorado State Board of Education directed the Department to issue a request for proposals for the English language arts and mathematics assessments in grades 3-8 by Spring 2017 to contain the following specifications:

1. The Department will have decision-making authority over test design, form development and test administration policies;

2. The English language arts and mathematics average standard testing time for the operational assessments will not exceed 4 hours in length (maximum of 8 hours in total);

3. Individual student level results will be made available to the school districts within 30 days of receipt of all tests; and

4. An Intent to Award will be announced no later than June 2017.

Mathematics assessments are administered in grades 3-8. In addition to the grade-based assessments, middle school advanced mathematics students have the opportunity to take Algebra I, Integrated I, Geometry or Integrated II in place of the grade-based assessments. English language arts (ELA) assessments are administered in grades 3-8. CSLA is administered in grades 3 and 4 as an accommodation to the ELA assessment.

The Successful Offeror shall be entirely responsible for development and administration activities necessary for a successful operational administration of the English language arts and mathematics assessments beginning in school year 2018-2019. The CMAS English Language Arts and Mathematics (PARCC) assessments were administered operationally for the first time in 2014-2015. As a member of the Partnership for Assessment of

Readiness for College and Careers (PARCC) consortium, Colorado worked with other states on the development of the English language arts and mathematics content that will appear on the State’s operational tests through spring of 2018. Starting in 2018, Colorado intends to administer abbreviated forms of the mathematics and ELA assessments in grades 3-8. Colorado will be field testing Colorado-owned mathematics, including Algebra I and Geometry, items and ELA items in spring 2018 that will be available for use in 2019. In addition, the PARCC Governing Board has committed to providing Colorado access to an anchor set for each of the assessments in 2019 at a price to be determined that the Successful Offeror will be responsible for covering.

The Successful Offeror will be expected to utilize and build upon administration efforts and these existing development resources and administration efforts to support a seamless transition for students and educators.

Current designs for these assessments, as well as plans for abbreviated test designs, are described in Section 3.A.4 of this RFP.

This component also includes Spanish language arts assessments that essentially serve as accommodated versions of the CMAS: ELA assessments. They are parallel and comparable to CMAS: ELA in test design, item type, scoring and reporting. Spanish passages and items are developed independently of the English language arts assessment (i.e., these are not transadaptations of CMAS: ELA passages and items.). The Successful Offeror shall be responsible for the development and administration activities necessary for a successful operational administration of the Colorado Spanish Language Arts assessments in year 2018-2019. The CSLA assessments have been designed for students whose home language is Spanish and who are enrolled in grades 3 and 4 bilingual programs. The Successful Offeror will be expected to utilize and build upon the program’s existing item bank owned by Colorado, assessment development resources, and administration efforts to support a seamless transition for students and educators. The design for these assessments is described in Section 3.A.4 of this RFP.

C. Colorado Alternate Assessments (CoAlt): Science and Social Studies. Students with significant cognitive disabilities who are unable to take the regular assessment, even with accommodations, are assessed using the Colorado Alternate Assessment. Science assessments are administered in grades 5, 8, and 11, while Social Studies assessments are administered on a sampling basis in grades 4, 7, and 11. Grades 4 and 7 are administered to approximately a third of Colorado students and schools each year. High school is currently scheduled to be administered as a census test in 2018 and then to approximately a third of Colorado students and schools each year thereafter.

The Successful Offeror shall be responsible for development and administration activities necessary for a successful operational administration of the science and social studies assessments, including high school, in school year 2017-2018. The Successful Offeror will be expected to utilize and build upon the program’s existing Colorado-owned item bank, assessment development resources, and administration efforts to support a seamless transition for students and educators. The on-demand performance and item-based design for these assessments is described in Section 3.A.4 of this RFP.

Note: English language arts and mathematics alternate assessments are not included in this contract.

Colorado currently administered the Dynamic Learning Maps (DLM) assessments in those content areas.

Table 1 presents the administration implementation timeline for the Successful Offeror by Test and Content Area.

Table 1 Administration Timeline for the Successful Offeror

*Grades 4 and 7 social studies assessments are administered to approximately 1/3 of students per year. High school is currently scheduled to be administered as a census test in 2018 and then to approximately a third of Colorado students and schools each year thereafter.

School Year 2017-2018

School Year

2018-2019

School Year

2019-2020

School Year 2020-2021

REVISED

ASSESSMENTS

Year 1

School Year 2021-2022 through any additional renewals

REVISED

ASSESSMENTS

Year 2 Science (grades 5, 8 and 11)

Operational (CMAS and some CoAlt field test (FT) items developed under prior contract)

Operational (FT items developed under this contract based on standards to the extent possible)

Operational (FT items developed under this contract based on standards)

Operational (FT items developed under this contract based on 2018 standards)

Operational (FT items developed under this contract based on 2018 standards)

Social Studies (grades 4, 7 and 11)*

(CMAS and CoAlt FT items developed under prior contract)

Operational (FT items developed under this contract based on standards to the extent possible)

Operational (FT items developed under this contract based 2018 standards)

Operational (FT items developed under this contract based on 2018 standards)

Operational (FT items developed under this contract based on 2018 standards)

Mathematics (grades 3-8, Algebra I, Geometry, Integrated I and Integrated II)

Operational (FT items developed under prior contract)

Operational (FT items developed under this contract based on standards)

Operational (FT items developed under this contract based on 2018 standards)

Operational (FT items developed under this contract based on 2018 standards)

English Language Arts (grades 3-8), including

CSLA

(grades 3-4)

(FT items developed under prior contract)

Operational (FT items developed under this contract based on standards)

Operational (FT items developed under this contract based on 2018 standards)

Operational (FT items developed under this contract based on 2018 standards)

Each CMAS assessment, excluding CSLA, shall be available in both online and paper format. CSLA shall be available in paper format. The assessments shall include embedded field testing.

CoAlt assessment implementation will follow the schedule above for science and social studies; however, all field testing and operational administrations shall be paper-based with online score submission.

Offeror proposals must completely address all 3 assessment components included in this RFP: A) CMAS: Science and Social Studies, B) CMAS: ELA and Mathematics, including CSLA, and C) CoAlt: Science and Social Studies.

CDE will not accept bids that do not fully address all components or that only address pieces of individual components. Additionally, Offeror proposals must not include additional components that have not been specifically identified and requested by this RFP (e.g., any additional assessments).

CDE will select the Offeror that provides the most technically sound and cost effective proposal.

Offerors may partner with subcontractor(s) to provide parts of the solution; however, the Offeror shall provide management of the partner(s) 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, including data privacy and security requirements, listed in this RFP.

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.

Section 1: Administrative Information – defines the RFP process, lists a schedule of RFP activities with the associated timeline, and provides the Offeror with State contact information.

Section 2: Background Information– outlines the State’s vision for and expectations of the system, and the current environment.

Section 3: Statement of Work with Responsibilities by Component – contains the project responsibilities, requirements and specifications describing the work to be performed.

Section 4: Format for Responses – specifies the proposal submission process, structure, and requirements. This will assist Offerors in ensuring that all required information is submitted by the Offeror. The structured format will facilitate proposal evaluation.

Section 5: Cost Proposal – explains what must be included in the fixed price and how it should be presented. Note that the pricing proposals must be packaged separately from the RFP responses and submitted with the proposal responses.

Section 6: Proposal Evaluation – describes the process and rating factors used during proposal evaluation.

Appendices Table of contents for current documents.

Attachments Includes templates and forms that the Offeror is expected to complete, Exhibits, and Certification and Assurance Forms. See Section 1 of the RFP for additional information.

NOTE: At the time of the issuance of this RFP, a funding source for the student assessments has not been secured.

Funding for assessments 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 Every Student Succeeds Act of 2015, 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 are contingent upon CDE securing funds. Neither issuance nor award of this RFP shall constitute a binding guarantee on CDE’s part that funds are or will be made available, or that a contract will result.

SECTION 1 – ADMINISTRATIVE INFORMATION

A. Issuing Office

This RFP is issued by the State of Colorado (State) for the benefit of the Colorado Department of Education (CDE or 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.

B. Invitation to Submit Proposals Notices are posted on the Vendor Self Service (VSS) website (https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService). It is very important that Offerors check VSS 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 VSS in order to respond to these bidding opportunities. To register on VSS, see: https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService. The VSS Help Desk is available Monday through Friday 8:00 a.m. to 5:00 p.m. MT and can be reached by calling (303)-866-6464 or emailing VSSHelp@state.co.us.

B.1. Purpose. This RFP provides Offerors with sufficient information to enable them to prepare and submit proposals for consideration by the State to satisfy the need for expert assistance in the completion of the goals in this RFP.

B.2. Instructions. This RFP 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. The State of Colorado Solicitation Instructions and Terms and Conditions linked through the VSS Solicitation Page govern except as modified or supplemented in these instructions.

Table 2: Schedule of RFP Activities and Timeline

ACTIVITY DATE / TIME (MT)

1. RFP Publication. RFP Notice published on VSS. March 21, 2017

2. Deadline for written inquiries. See Section 1.D, “Inquiries”, below, for the process for submitting inquiries.

March 31, 2017 (noon MT)

3. Written inquiry responses published on VSS. April 5, 2017 (estimated)

4. Deadline for providing red-lined versions of the model contract, which clearly identifies exceptions and alternative language that has been approved by your legal counsel. See Section S. Standard Contract/Model Contract.

April 7, 2017 (noon MT)

5. Offeror’s Intent to Respond due. See Section 1.C, “Offeror’s Intent to Respond to RFP”, below.

April 7, 2017 (noon MT)

6. PROPOSAL SUBMISSION DEADLINE. SEE

SECTION 1.F, “Proposal Submission” below.

April 28, 2017 (noon MT)

7. Offeror Live Demonstrations and Interviews May 23, 2017(estimated) May 24, 2017

8. Selection of Apparent Successful Offeror, posting on VSS of “Notice of Intent to Make Award” May 31, 2017 (estimated) mailto:ereynolds520@comcast.net https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService

9. Contract Commencement Date. July 1, 2017 (estimated) NOTE: The department reserves the right to revise the dates in this schedule. If revisions are made prior to the Proposal Submission Deadline, changes will be made via a modification to this solicitation posted on VSS.

C. Offeror’s MANDATORY Intent to Respond to RFP

Any Offeror whose intent is to respond to this solicitation must respond via email to the Purchasing Agent at Reynolds_e@cde.state.co.us with “Intent to Respond” in the subject line. Intents to Respond notices are to be received no later than noon MT, April 7, 2017. Notices should include:

• The subcontractors, if known, which will be involved in each component.

• The Offeror is able and willing 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 online test delivery system, its distributed scoring system, and its automated scoring system. The participating Offeror’s team must include the proposed project manager(s) and the executive team program contact person identified in the proposal. Based on demonstrations requested and questions asked, additional Offeror personnel intended to be active, on-going participants in the project maybe requested to attend.

• The Offeror has identified a contact person for purposes of this RFP and has included all contact information including e-mail address.

The letter must be signed by an individual legally authorized to bind 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.

Submitting an intent on VSS does not bind an Offeror to actually submitting a proposal; however, at CDE discretion only proposals from Offerors that have submitted the letter of intent to respond may be accepted by CDE for consideration.

D. Inquiries/Questions

Offerors may make written inquiries (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: March 31, 2017 (12:00 pm (noon), Mountain Time). Send all inquiries to the Purchasing Agent, Eva Reynolds, at: Reynolds_e@cde.state.co.us

E-mail submissions must be clearly labeled in the subject line with “RFP-DAA-2017000223, Student

Assessments - Inquiries” CDE reserves the right to refrain from responding to questions received after March 31, 2017 (12:00 pm (noon), Mountain Time).

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.

mailto:Reynolds_e@cde.state.co.us mailto:Reynolds_e@cde.state.co.us

Table 3 Submission of Questions Format

Page responsibility.requirement code or responsibility.requirement.specification code

(Title)

Question

38 A.3.1.a (Preliminary Program Plan)

*Text of Offeror’s question is presented here.

42 A.3.3 (Transition)

*Text of Offeror’s question is presented here.

It is our intent that responses to the Offeror's inquiries will be published no later than April 5, 2017, as a modification on VSS. 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.

E. Modifications or Withdrawal of Proposals

Proposals may be modified or withdrawn by an Offeror prior to the Proposal Submission Deadline

F. Proposal Submission Proposals must be received on or before the Proposal Submission Deadline 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: April 28, 2017, 12:00 (noon) MT. 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

G. Proposal Submission/Copies

Detailed instructions on proposal preparation and submission are in Section 4.

Caution: Daily mail may not be received by the CDE prior to 12:00 pm (MT). 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.

H. 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 VSS. It is very important that Offerors check VSS 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.

I. RFP Cancellation

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

J. Oral Presentations/Live Demonstrations/Interviews Offerors may be invited to provide a live oral presentation, demonstrations, and/or participate in in– person interviews. Such presentations and/or site visits will be at the Offeror's expense.

K. 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. 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.

L. Binding Offer and 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. By submitting a proposal the Offeror affirms its acceptance of the terms and requirements of this RFP, including its attachments and exhibits, without exception, deletion, or qualification, and without making its offer contingent. The Offeror further agrees to cooperate with CDE and expedite the contracting process upon notice of award.

M. 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 or via e-mail within seven (7) working days after such aggrieved person knows, or should have known, of the facts giving rise to the protest. (Reference: Section 24-109-102, C.R.S.)

N. 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 and include a letter indicating what portion of the Colorado Open Records Act at Colorado Open Records Act, C.R.S. Title 24, Article 72, Part 2, as amended applies to the suggested confidential/proprietary information.

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.

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 shall provide a separate USB flash drive containing the entire proposal with all confidential/proprietary information redacted. The USB flash drive must also include the letter indicating what portion of the Colorado Open Records Act at Colorado Open Records Act, C.R.S. Title 24, Article 72, Part 2, as amended applies to the suggested confidential/proprietary information. The USB flash drive should be submitted in one (1) sealed envelope labeled “Confidential/Proprietary” and the solicitation number. Co-mingling of confidential/proprietary information with other proposal documents will nullify the confidential/proprietary status and will remove any restrictions on the use or inspection of the material.

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.

O. RFP Response Material Ownership

All materials submitted regarding this RFP become the property of the State. 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. 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 and any confidential/proprietary status granted by the Department pursuant to Section N.

P. Proposal Prices Proposals will be accepted only for the entire Statement of Work as described within this solicitation.

Estimated proposal prices will not be accepted. Prices must 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.

Q. Selection of Proposal – Notice An Evaluation Committee will review and evaluate proposals submitted and make a recommendation for award. This selection will be for award to the responsible Offeror whose proposal, conforming to the RFP, will be the most advantageous to the State, price and other factors considered. The department will issue a "Notice of Intent to Make an Award" announcement to all Offerors that will state the Department’s intent to make an award to the selected Offeror.

R. Award of Contract

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.

Should the contract not be completed and agreed to by both parties within 30 calendar days following the issuance of a draft contract to the successful Offeror for review, through no fault of the Department’s, the Department, at its sole discretion, may elect to cancel the existing award announcement and make an award to the next most advantageous Offeror.

S. 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, Model Contract for Personal Services). This draft contract shall govern this procurement and are hereby incorporated by reference. The contracting document resulting from this solicitation will be substantially similar to the draft contracting document included with this solicitation. The Special Provisions of the Draft Contract shall not be negotiable. In addition, most of the provisions in Section X, Confidential Information – State Records shall not be negotiable.

By submitting a proposal, the Offeror confirms its willingness to enter into a contracting document containing the terms and conditions or substantially similar terms and conditions to the draft contract and the requirements of this solicitation without exception, deletion, qualification or contingency.

If the Offeror is not willing to accept all terms and conditions, the Offeror shall provide a statement of explanation and a listing of all exceptions the Offeror requires. Requests for changes, additions or exceptions to the standard terms and conditions must be submitted by April 7, 2017 (noon MT). The request must include a listing of all changes, additions or exceptions desired; an explanation of why Offeror is requesting each change, addition or exception; and the specific affect it will have on the Offeror’s ability to perform the requirements of this solicitation.

No changes to the legal provisions of the contract will be considered unless the Offeror proposed specific, alternative language to that in the red-lined versions of the model contract submitted by April 7, 2017 (12:00 (noon) MT). 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. CDE reserves the right to contact Offerors at any time regarding the exceptions. In the event CDE does not contact the awarded vendor about contract exceptions until after the Notice of Intent to Make an Award has been made, this shall NOT be deemed as CDE’s acceptance of the Offeror’s exceptions.

The Department will not accept any proposals that are conditional on acceptance of modified terms and conditions.

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.

T. 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.

U. 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.

V. 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.

W. Rejection of Proposals

Failure of an Offeror to comply with or meet all requirements or respond to all requests for information within this solicitation may result in Offeror’s proposal being disqualified or determined not acceptable. The Department reserves the right to reject any or all proposals for non-compliance, to waive informalities and minor irregularities in proposals received, and to accept any portion of a proposal or complete proposals if deemed in the best interest of the State. Such disqualification or determination may occur at any point following the Proposal Submission Deadline.

Unless the solicitation specifically allows for or requires multiple proposals, Offerors shall submit only one (1) proposal in response to this solicitation. The Department may, at its sole discretion, disqualify an Offeror’s proposals from evaluation if the Offeror submits more than one (1) proposal and/or any alternative proposals.

X. 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.

Y. News Releases

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

Z. 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):

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

• 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;

• 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

• 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.

• 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.

AA. Contractor Performance Disclosure

As a separate attachment to the proposal, Contractor shall fully disclose any serious negative contract problems for the Offeror, its principal, and affiliates for contracts or potential contracts in the last seven (7) years. If applicable, the Offeror shall include a separate attachment to the proposal as an Additional Attachment and disclose the following:

• Any investigative or audit or similar findings or charges of fraud, malfeasance, anti-trust violation, civil violation, criminal activity or fine including those agreed to by settlement.

• Any formal notices to cure or formal audit findings concerning contractor deficiencies in a contract with a local, state or federal government agency and information on how the findings have been addressed.

• Detailed information on all lawsuits for issues pertaining to contract performance, payments, or other obligations under an agreement with a local, state or federal agency and the outcome of the lawsuit or settlement.

BB. 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.

CC. Doing Business in Colorado

The Apparent Successful Offeror, whether headquartered within or outside of Colorado, must be registered to conduct business in Colorado with the Colorado Secretary of State in accordance with Section 7-90-801, C.R.S. The Apparent Successful Offeror must be registered to do business in Colorado within 10 business days of the RFP award notification. A copy of the business entity’s Articles of Incorporation and/or Bylaws and Certificate of Good Standing or Certificate of Existence 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.)

DD. 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.

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

EE. 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.

FF. 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.

GG. Federal Employer Identification Number (FEIN)

For the purpose of verifying the Offeror’s registration to the Colorado VSS 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.

HH. Certification of Independent Price Determination

1. Submission of its proposal each Offeror, and in the case of a joint Offeror, as to itself certifies that in connection with this procurement:

a) The prices in the proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or with any competitor;

b) Unless otherwise required by law, the prices which have been quoted in the proposal have not knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to opening,…