RFP-GC-FE-03-24.pdf

REQUEST FOR PROPOSALS

RFP-GC-FE-03-24

COUNTY FAIR AND RODEO TICKET SALES

In accordance with Article 5.3 of the Garfield County Procurement Code (“GCPC”), Garfield County is soliciting competitive sealed proposals to provide the management of online and on-site ticket sales for the Garfield County Fair and Rodeo located at 1001 Railroad Ave., Rifle, Colorado 81650.

TABLE OF CONTENTS

SECTION 1 INTRODUCTION AND INSTRUCTION TO OFFERORS

SECTION 2 STANDARD TERMS OF THE RFP

SECTION 3 STANDARD REQUIREMENTS OF THE RFP

SECTION 4 PROPOSAL FORMAT

SECTION 5 EVALUATION OF PROPOSALS

SECTION 6 SPECIAL TERMS AND CONDITIONS OF THE RFP

SECTION 7 ATTACHMENTS TO THE RFP

SECTION 1

INTRODUCTION AND INSTRUCTIONS TO OFFERORS

A. DOCUMENTS. READ THIS REQUEST FOR PROPOSALS (“RFP”) AND ALL ATTACHMENTS TO

THIS RFP TOGETHER IN ORDER TO UNDERSTAND YOUR RIGHTS, DUTIES AND

OBLIGATIONS UNDER THIS RFP.

B. TERM OF CONTRACT. It is intended that this RFP will result in the award of a contract.

The proposed initial term of that contract is March 11, 2024, through December 31, 2024.

Unless otherwise limited by an applicable statutory provision or the specific terms of the Scope of Work or Services any Purchase Order or Contract awarded as a result of this RFP may be renewed at the option of the parties for two additional terms of one (1) year each.

C. QUALIFICATION OF OFFERORS. Each offeror must have been primarily engaged in a business that delivers goods or provides services similar to those requested in this RFP for at least 24 months prior to the date this RFP is issued. Each Proposal must establish that the offeror is

“responsible” and the Proposal is “responsive” to the terms and conditions of this RFP. As defined in the GCPC, “responsible” are: potential vendors who have submitted bids or proposals and who have the capability to fully perform all contract requirements as well as the experience, integrity, reliability, capacity, facilities, equipment and credit assuring good faith performance. Past performance, financial capabilities, and business management may be included as criteria for determination of a bidder’s ability to satisfy contract requirements.”, and “non-responsive” is to mean a Proposal that does not conform in all material respects to the requirements set forth in the IFB or RFP.

D. FORM OF PROPOSALS. All Proposals must state the proposed amount for the delivery of the requested services both in words and figures, and be signed by an authorized individual. If a “Price Schedule” is submitted as part of a Proposal, then it must be signed by an authorized individual. If a “Delivery Schedule” or “Work Schedule” is submitted as part of a Proposal, then it must also be signed by an authorized individual. A “Delivery Schedule” or “Work Schedule” must also state the delivery date for all goods or the commencement date for all services that are the subject of this RFP. The Delivery Schedule or Work Schedule must conform to the commencement and completion dates of the Contract. The submitted proposal must be labeled as “County Fair Ticket Sales and Rodeo, RFP-GC-FE-03-24”.

E. DELIVERY OF PROPOSALS. Garfield County will only accept electronic proposal submissions.

All proposals must be submitted via the Rocky Mountain E-Purchasing System (RMEPS) athttps://www.bidnetdirect.com/colorado/garfield-county . It is the responsibility of the vendor to ensure that electronic proposals are submitted prior to proposal closing time. The Procurement Department does not have access or control of the vendor side of RMEPS. If website or other problems arise during response submission, vendor MUST contact RMEPS to resolve issue prior to the response deadline at 800-835-4603 ext. 2. Proposals shall be uploaded as a single PDF file.

F. OPENING OF PROPOSALS. In accordance with Rule 5.3.6, GCPC, Proposals will not be publicly opened. Proposals will be opened electronically at 3:00 P.M. on Tuesday March 5, 2024, at 810 Pitkin Ave. Glenwood Springs, CO 81601. The name of each offeror, and other relevant information, as deemed appropriate by the Procurement Department, shall be recorded. In accordance with Rule 5.3, GCPC, each timely submitted Proposal that was received and opened in response to this RFP are not public records as contemplated by §24-72-201, et seq.

C.R.S., as amended, and shall not be available for public inspection until a contract award is made.

G. ACCEPTANCE OF PROPOSALS. Pursuant to Rule 5.3, GCPC, all Proposal information is subject to analysis, legal review, and other required approvals prior to the award of any contract.

Therefore, all timely received Proposals shall be unconditionally accepted without alteration or correction, except as may otherwise be authorized by applicable provisions of the GCPC.

An offeror may not alter or change any price or other information in a Proposal after it has https://www.bidnetdirect.com/colorado/garfield-county been opened if the Chief Procurement Officer deems that alteration or change prejudicial to Garfield County or fair competition.

H. EVALUATION OF PROPOSALS. In accordance with Rule 5.3 Paragraph 10., GCPC, Proposals shall be evaluated based on the requirements set forth in this RFP, which may include, but is not necessarily limited to, the consideration of such factors or criteria as: inspection, testing, references, quality, price, workmanship, delivery, functionality, and suitability for a particular purpose. Prior to the award of a contract, the Procurement Department may contact an offeror to: clarify any patent or latent ambiguities in a Proposal; or, to clarify that an offeror clearly understands the requirements of this RFP and that a submitted Proposal conforms to the requirements of this RFP. Proposals may, but are not required to, be judged on the basis of: (a) the offeror’s qualifications, (b) the total amount of the Proposal (including any unit prices set forth in that Proposal), (c) warranties, (d) experience, (e) past performance, (f) delivery times, dates, charges, and location, (g) any long-range cost(s), and, (h) any other information that may be requested in this RFP. If a conflict exists between unit prices and total prices in a Proposal, then unit prices shall govern. Garfield County may make such investigations, as it deems necessary, to determine the ability of any offeror to timely and satisfactorily perform the work described in this RFP. An offeror shall furnish to Garfield County all information and data that it may request. Garfield County reserves the right to reject any Proposal if the information submitted by, or the investigation of, an offeror fails to satisfy Garfield County that an offeror is properly qualified to deliver the requested goods or, timely and satisfactorily complete the work described in this RFP within the budget provided by that offeror. Garfield County may reject any or all Proposals it receives for any bona fide reason, including but not limited to: submitting a “conditional” or “qualified” Proposal.

Garfield County specifically reserves the right to reject any Proposal that is not submitted by a responsible offeror and/or is not otherwise responsive to the terms and conditions of this

RFP.

I. BINDING EFFECT OF SUBMITTED PROPOSALS. Unless otherwise specified by applicable provisions of the GCPC or the Procurement Department, all timely submitted Proposals shall be binding upon the submitting offeror for a period of not less than sixty (60) calendar days following the Proposal opening date. The Procurement Department may request an offeror to extend this period of time if necessary to complete the solicitation and contract award process.

J. WAIVER OF MINOR INFORMALITIES OR IRREGULARITIES IN PROPOSALS. Garfield County reserves the right to waive any minor informality or irregularity in a timely submitted Proposal if it is in the best interests of Garfield County or fair competition.

K. ERRORS IN PROPOSALS. Any error in a Proposal that is not withdrawn prior to the award of a contract shall not relieve the submitting offeror from any obligation to provide the goods or services to be acquired through this RFP at the prices stated in that Proposal.

L. WITHDRAWAL OF PROPOSALS. In accordance with Rule 5.3.7, GCPC, an offeror may request in writing to withdraw a Proposal it has submitted at any time prior to the date a contract award is made. If an offeror claims that it has made an error in its Proposal, then clear and convincing written proof of that error must be submitted to the Procurement Department before that Proposal may be withdrawn.

M. REJECTION OF PROPOSALS OR CANCELLATION OF REQUEST FOR PROPOSALS. Pursuant to

Rule 5.3.8, GCPC, Garfield County reserves the right to reject, in whole or in part, any timely submitted Proposal that fails to comply with the material terms and conditions of this RFP; or, is otherwise not in the best interests of Garfield County or fair competition. Garfield County reserves the right to cancel this RFP, in whole or in part, at any time, if it is in the best interests of Garfield County or fair competition.

N. RESIDENT PREFERENCE. This acquisition is eligible under Article 5.1 BID PREFERENCE –

GARFIELD COUNTY RESIDENT BUSINESS. A five percent (5%) scoring advantage during the establishment of any competitive range (Article 5.3. 13) shall be applied to all local bidders. Firms interested in receiving a Local Vendor Designation may contact this office to receive an Affidavit that must be returned to this office no later than 10 days prior to the due date for submitting a proposal.

O. DETERMINATION OF NON-RESPONSIBILITY. As required by Rule 5.3.11, GCPC, if an offeror who otherwise would have been awarded a contract is found to be “not responsible” by the Chief Procurement Officer, then the Chief Procurement Officer shall make a written determination of its findings and promptly send a copy of those findings to the non-responsible offeror. The written determination shall be part of the permanent contract file and is a public record available for inspection pursuant to §24-72-201, et seq., C.R.S., as amended.

P. AWARD. Pursuant to Article 5.3.15., GCPC, and subject to any other applicable provisions of the GCPC, all purchase orders or contracts shall be awarded with reasonable promptness by written notice to the most responsive offeror whose Proposal is the best value (i.e., most advantageous) for Garfield County. If all Proposals timely submitted in response to this RFP exceed the amount of funds available to Garfield County, as certified by the Senior Finance Administrator, then the Procurement Department may negotiate an adjustment in the original scope of work and price with the offeror if time or economic considerations preclude re-solicitation.

Q. PROTESTS. In accordance with Article 7.6.4., GCPC, an aggrieved offeror may file a written protest of this solicitation or any resulting contract award with the Chief Procurement Officer, the County Manager, or the Board of County Commissioners within seven (7) business days of the date the aggrieved offeror knew, or should have known, of the facts giving rise to the claim.

R. RESERVATION OF RIGHTS: The Board of County Commissioners of Garfield County reserves the right to make its selection decision after consideration of any other relevant factors it deems appropriate to that decision. The Board of County Commissioners of Garfield County reserves all other rights, whether express, implied, or inherent, that it may have as a political subdivision of the State of Colorado.

SECTION 2

STANDARD TERMS OF THE RFP

A. SCOPE OF WORK. The Scope of Work is attached hereto as “Attachment A”, is made a part hereof and is incorporated herein by this reference.

B. EXAMINATION OF DOCUMENTS. Each offeror should thoroughly examine, and be familiar with, the specifications and any Scope of Work attached to this RFP. The failure or omission of an offeror to receive or examine any addendum, blueprint, document, drawing, form, instrument, plan, specification, statement of work, or any other document shall not relieve that offeror from any performance obligation contained in this RFP.

C. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION.

1. By submitting a Proposal, an offeror certifies and, in the case of a joint Proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

a. the prices in the Proposal were 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 other competitor;

b. unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to award, either directly or indirectly, to any other offeror or to any other competitor; and

c. no attempt has been made by the offeror to induce any other person or firm to submit, or not to submit, a Proposal for the purpose of restricting competition.

2. The person signing the cover page and/or introductory letter of a Proposal certifies that:

a. that person is responsible for that organization’s decision as to the prices being offered in the Proposal and that they have not participated, and will not participate, in any action contrary to 1.a. through 1.c. above; or

b. that person is not responsible for that organization’s decision as to the prices being offered in the Proposal but that the person has been authorized in writing to act as the agent with actual authority for the persons responsible for that decision, by certifying that such persons have not participated, and will not participate, in any action contrary to 1.a.

through 1.c. above, and as the agent does hereby so certify; and that the agent has not participated, and will not participate, in any action contrary to 1.a. through 1.c. above.

3. A Proposal may be deemed non-responsive and not considered for a contract award if 1.a., 1.c., or 2. above have been deleted or modified. If 1.b. has been deleted or modified, the Proposal may be deemed non-responsive and not considered for a contract award unless the offeror furnishes with its Proposal a signed statement that sets forth in detail the circumstances of the disclosure; and, the Procurement Department determines that such disclosure was not made for the purpose of restricting competition.

D. QUESTIONS REGARDING THIS RFP. Any questions about the terms and conditions of this RFP, or any addendum or attachment hereto, shall be submitted in writing to the Garfield County Procurement Department, 810 Pitkin Avenue Glenwood Springs, CO 81601 through 3:00 P.M. on Tuesday, February 20, 2024. Inquiries received after this date may not receive a response.

E. INTERPRETATIONS AND ADDENDA. If it becomes necessary to revise any part of this RFP, then a written “Addendum” shall be issued. Garfield County is not bound by any oral changes, clarifications, or representations made by Garfield County employees, unless those oral changes, clarifications, or representations are provided in a written Addendum to this RFP.

F. REGISTRATION. Offerors are required to register with the Rocky Mountain E-Purchasing System https://www.bidnetdirect.com/colorado on or before the deadline to submit a Proposal in response to this RFP. Offeror registration status is based on an Offeror’s Federal Employer Tax Identification Number (“FEIN”).

G. PROPRIETARY OR CONFIDENTIAL INFORMATION. All materials submitted in response to this RFP will become a public record and subject to inspection following final selection of an offeror and the award of a contract. Any offeror who requests that material be treated as “proprietary” or “confidential” must clearly identify that material and it must be easily separable from the rest of its Proposal. A written statement must be submitted with the Proposal that clearly states the offeror’s asserted justification(s) for the request. It is not acceptable to label an entire Proposal as “proprietary” or “confidential”.

1. Request for Confidential/Proprietary Classification. Garfield County neither requests nor encourages the submission of “proprietary” or “confidential” information in https://www.bidnetdirect.com/colorado response to this RFP. Information submitted will be open for public inspection upon completion of the RFP process and the award of a contract based on this RFP. If an offeror wants Garfield County to treat certain information as “proprietary” or “confidential”, then that offeror shall submit a written statement, as part of its RFP package, to the Procurement Department.

The written statement must comply in all respects with the procedures listed below.

Adherence to these procedures remains the SOLE RESPONSIBILITY of an offeror. The written request for classification of certain materials as either “proprietary” or “confidential” will be reviewed and either approved or denied by the Procurement Department. If denied, an offeror will have the opportunity to withdraw its entire Proposal, or to remove the “proprietary” or “confidential” materials from its Proposal.

2. Procedures For Submission Of “Proprietary” Or “Confidential” Information

a. A written request for classification of certain materials as either “proprietary” or “confidential” shall be submitted by the offeror with its Proposal documents.

b. The written request will be labeled “REQUEST FOR PROPRIETARY/CONFIDENTIALITY CLASSIFICATION”, and attached to the cover of the original Proposal with the offeror’s original signature.

c. The request must also identify the basis for the claim that the information is proprietary or confidential. If necessary, the offeror shall include a citation to any applicable Federal or State statute the offeror believes grants the offeror the right to have such information classified as either proprietary or confidential.

d. Proprietary or Confidential information must be readily identified, marked, and submitted in a separate PDF labeled “Confidential and Proprietary Information” Co-mingling of proprietary or confidential information and other information is NOT acceptable.

e. The Procurement Department will make a written determination as to the apparent validity of any request by an offeror to classify certain information as either proprietary or confidential. This written determination will be sent to the offeror.

Proposals not following this procedure may be declared non-responsive by the Procurement Department and given no further consideration.

NEITHER COST NOR PRICING INFORMATION, NOR A TOTAL PROPOSAL WILL BE DEEMED

“PROPRIETARY” OR “CONFIDENTIAL” BY THE PROCUREMENT DEPARTMENT.

H. CONTRACT PRODUCTS - OWNERSHIP RIGHTS. All products, written or otherwise, produced as a result of any contract awarded under this RFP shall be the sole property of Garfield County unless otherwise agreed to in writing by the parties. Any exceptions must be outlined in detail. Unsupported exceptions to this requirement may serve as cause to reject a Proposal. Products shall include, but are not necessarily limited to: original materials, including any applications, data, data spreadsheets, designs, documents, recorded or stored media of any kind, drawings, hardware, licenses, maps, meeting minutes, notes, reports, software, specifications, or studies that are expressly developed or created by the successful offeror for Garfield County pursuant to this RFP and any resulting contract.

The purchase of licenses for use of an offeror’s software shall not be interpreted to mean the purchase of the actual application or software. Ownership of the specific application and software selected under this RFP shall remain with the selected offeror. Unless expressly authorized in writing by Garfield County, the successful offeror shall not be allowed use of any materials furnished by or produced for Garfield County for any purpose other than for the completion of the works described herein.

I. ASSIGNMENT AND DELEGATION. Except for the assignment of accounts receivable or antitrust claims, the successful offeror may not assign any right or delegate any duty without the prior express written consent of Garfield County.

J. AUDITS. Garfield County reserves the right to require the successful offeror to have an audit conducted of its program at least once every three (3) years. If the successful offeror has not had an audit conducted in the three years prior to the award of any contract hereunder, and Garfield County believes in good faith that one is required, then the successful offeror must begin an audit within six (6) months of the date a contract is awarded to that offeror. Garfield County reserves the right to approve the selected auditing firm. A complete copy of the audit must be provided to Garfield County within five (5) working days of its completion. Garfield County will negotiate directly with the successful offeror regarding any exceptions or findings from that audit.

K. LEGISLATIVE CHANGES. Garfield County reserves the right to amend any contract awarded pursuant to this RFP in response to any legislative changes which affect that contract.

L. STANDARD CONTRACT. This RFP may result in the award of a contract. In that event, Garfield County’s standard Purchase of Services Agreement (“Agreement”) will be used. That Agreement is attached to this RFP, made a part hereof, and incorporated herein by this reference. Additionally, this RFP and the winning Proposal will become attachments to that Agreement. If the selected offeror makes exception or requests changes to this RFP or the standard Agreement after the deadline to submit Proposals has passed, and that request results in protracted contract negotiations and probable delay in the commencement of work, then Garfield County reserves the right to cease contract negotiations and exercise its right to offer the contract to the next highest ranked offeror.

M. USE OF THE TERMS “ATTACHMENT” AND “APPENDIX”

For the convenience of prospective offerors and members of the selection committee, the term “Attachment” will be used exclusively for any Garfield County provided attachments, and the term “Appendix” will be used exclusively for any offeror submitted materials.

N. CHOICE OF LAW AND VENUE. The laws of the state of Colorado shall govern the enforcement, execution, formation, interpretation, performance, and validity of this RFP and any contract that results from this RFP. The exclusive venue for any action related to this RFP or any resulting contract is the district court for the Ninth Judicial District of the State of Colorado.

O. EXCEPTIONS TO RFP. each proposal submitted in response to this RFP shall list any deviation(s), exception(s), or variation(s) to or from: the terms and conditions of this RFP, the terms and conditions of any attachment(s) to this RFP, the terms and conditions of any addendum to this RFP, and, the terms and conditions of the proposed contract. the section of a proposal containing any such deviation(s), exception(s), or variation(s) shall be clearly labeled “exceptions to RFP”. the failure of an offeror to note a deviation, make an exception, or list a variation to the terms and conditions of this RFP, any attachment(s) or addenda to this RFP, or the terms and conditions of the proposed contract shall be deemed an express waiver by that offeror of any such deviation, exception, or variation.

SECTION 3

STANDARD REQUIREMENTS OF THE RFP

A. AFFIDAVIT REGARDING NON-COLLUSION. Each offeror must sign and return the attached “Non-Collusion Affidavit”. This Affidavit must be signed by the same individual who signs the Proposal. This Affidavit must be signed in front of a notary public. Garfield County reserves the right to reject any Proposal if evidence of collusion exists between offerors. Pursuant to Rule 7.10, GCPC, the Chief Procurement Officer is required to transmit a written notice of the facts giving rise to its suspicion of collusion or other anti-competitive practices to the Office of the District Attorney for the Ninth Judicial District and the Office of the Garfield County Attorney. Garfield County may decline to accept future Proposals from any offeror determined to have engaged in collusive activities for a period of time not to exceed five (5) years. By submitting a Proposal in response to this RFP, each offeror certifies that it is not a party to any collusive action or any action that may be in violation of the federal Sherman Antitrust Act. Garfield County may deem any Proposal that does not include a properly executed Non-Collusion Affidavit as non-responsive.

B. COMPLIANCE WITH APPLICABLE FEDERAL, STATE, COUNTY, AND MUNICIPAL LAWS. All offerors must comply with all federal, state, county, and municipal laws applicable to this RFP, including but not limited to: health, labor, and licensing laws. The laws of the state of Colorado shall govern as to the effect, enforcement, interpretation, and validity of this RFP, its award, and any contract that results from this RFP. The exclusive venue for any action related to this RFP is the Garfield County seat of the Ninth Judicial District of the State of Colorado.

C. INSPECTION AND ACCEPTANCE. Garfield County reserves the right to inspect all goods and services provided pursuant to this RFP prior to accepting those goods or services. Garfield County reserves the right to withhold any payment for any goods delivered or services performed that do not conform to this RFP. Garfield County may require the delivery of substitute goods or the performance of substitute services if it concludes, in good faith, that the original goods or services are defective.

Re-delivery or re-performance shall be at no cost to Garfield County. Garfield County may withhold all, or any part, of any payment because of defective tender or performance. Repeated violations of this provision may result in the unilateral termination of the purchase order or contract by Garfield County for cause.

D. NON-DELEGATION AND NON-ASSIGNMENT. The successful offeror shall not delegate any duties or obligations of this RFP and any resulting purchase order or contract without the prior, express, written consent of Garfield County. Except for accounts receivable, the successful offeror shall not assign any rights of this RFP or any resulting purchase order or contract without the prior, express, written consent of Garfield County.

E. SAFETY WARRANTY: All offerors expressly warrant that all services that may be performed pursuant to this RFP shall conform to all applicable rules or regulations of the United States Department of Labor as codified in the Occupational Safety and Health Act of 1970 (OSHA). Failure, without good cause, to comply with any applicable OSHA regulation by a contractor may constitute grounds for termination for cause of that contractor.

F. INSURANCE. The following provisions shall apply to each offeror who submits a Proposal in response to this RFP. In order to commence work and receive compensation pursuant to an awarded purchase order or contract, the terms of this paragraph must be satisfied prior to the commencement of work. Each offeror shall procure and maintain, until all of its obligations under any awarded purchase order or contract have been fully discharged, including all applicable warranty periods, all insurance required under this paragraph. The insurance requirements set forth herein are minimum requirements for any awarded purchase order or contract and in no way limit the indemnity covenants contained in any awarded purchase order or contract. The BOCC in no way warrants that the minimum limits contained herein are sufficient to protect an offeror from liabilities that might arise out of the performance of the work under any awarded purchase order or contract by that offeror, its agents, directors, employees, officers, representatives, or subcontractor(s) and the offeror is free to purchase additional insurance as it may deem necessary.

Minimum Types and Limits of Insurance: Each offeror shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

Commercial General Liability- Occurrence Form

The policy shall be endorsed to include the following “Additional Insured” language:

“Public Entity, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as ‘Additional

Insureds’ with respect to liability arising out of the activities performed by, or on behalf of [name of offeror].”

Minimum Limits:

General Aggregate $2,000,000 Products/ Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000

Automobile Liability (This insurance may be waived if the awarded purchase order or contract does not involve the use of any motor vehicle to perform any of the work under that awarded purchase order or contract)

Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of any awarded purchase order or contract.

Minimum Limits:

Bodily Injury/Property Damage (Each Accident) $1,000,000

Worker’s Compensation and Employers’ Liability

Minimum Limits:

Coverage A (Workers’ Compensation) Statutory Coverage B (Employers Liability) $100,000

$100,000 $500,000

Professional Liability (Errors and Omissions Liability)

(This section applies only if the awarded purchase order or contract is for a licensed professional service.)

The policy shall cover professional misconduct or lack of ordinary skill for professional services required by any awarded purchase order or contract.

In the event that the professional liability insurance required by any awarded purchase order or contract is written on a claims-made basis, each offeror warrants that: any retroactive date under that policy shall precede the effective date of any awarded purchase order or contract; and, either continuous coverage shall be maintained or an extended discovery period shall be exercised for a period of two (2) years beginning at the time work under any purchase order or contract is completed.

Minimum Limits:

Each Loss $1,000,000 Aggregate $2,000,000

Additional Insurance Requirements: The policies shall include, or be endorsed to include the following provisions:

On insurance policies where the Public Entity is named as an “Additional Insured”, the Public Entity shall be an “Additional Insured” to the full limits of liability purchased by that offeror even if those limits of liability are in excess of those required by any awarded purchase order or contract.

Each offeror’s insurance coverage shall be primary insurance and non-contributory with respect to all other available sources of insurance.

For the provisions of Commercial General Liability and Automobile Liability set forth above, the insurance policy must include contractual liability coverage.

All insurance required by this paragraph shall be issued by companies authorized to do business in the state of Colorado and written on forms satisfactory to, filed with, and approved by the Colorado Division of Insurance within the Colorado Department of Regulatory Agencies.

Notice of Cancellation: Each insurance policy required by the insurance provisions of this paragraph shall provide the required coverage and shall not be suspended, voided, or cancelled except after thirty (30) days prior written notice has been given to the BOCC. If cancellation is due to the nonpayment of premiums, then ten (10) days prior written notice may be given. Such notice shall be sent directly to the Office of Contract Administration, at the following address:

Garfield County Procurement Department, 810 Pitkin Ave. Glenwood Spring, CO 81601.

Verification of Coverage: Each offeror shall furnish the BOCC with certification of insurance (ACORD form or equivalent approved by the BOCC as required by this paragraph).

The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates and endorsements are to be received and approved by the BOCC before work commences. Each insurance policy required by this paragraph must be in effect at or prior to the commencement of work under any awarded purchase order or contract and remain in effect for the duration of that purchase order or contract and for two (2) years after the completion date of that purchase order or contract, or any extension or renewal thereof. Failure to maintain the insurance policies as required by this paragraph, or to provide evidence of renewal, is a material breach of this paragraph.

Any certificate(s) and any required endorsement(s) shall be sent directly to the Office of Contract Administration at the following address: Garfield County Procurement Department, 810 Pitkin Ave. Glenwood Spring, CO 81601. The BOCC reserves the right to require complete, certified copies of all insurance policies required by any awarded purchase order or contract any time.

Approval: Any modification or variation from the insurance requirements in this paragraph shall be made by the Procurement Department, after consultation with the Risk Manager or County Attorney’s Office. Such action shall not require a formal written bilateral amendment but may be made by administrative action.

G. TAXES: Garfield County is a political subdivision of the State of Colorado. Accordingly, Garfield County is exempt from federal excise taxes and state retail taxes. Therefore, each Proposal price must be net, exclusive of any calculations for such taxes.

H. TERMINATION DUE TO LACK OF FUNDS. Garfield County may terminate any contract that results from this RFP, in whole or in part, if Garfield County determines in good faith sufficient funds will not be available to complete the work. Termination due to lack of funds shall be affected by the delivery of a written notice of termination at least fifteen (15) calendar days before the effective date of termination. The written notice shall specify the extent to which delivery or performance is terminated and the date upon which such termination shall be effective.

SECTION 4

PROPOSAL FORMAT

A. PROPOSAL. A “Proposal” is a responsive, conforming, unconditional, complete, legible, and properly executed offer from a qualified responsible party interested in providing the services outlined in this RFP. It shall be the sole responsibility of the offeror to ensure that its Proposal is in the proper form and in Garfield County’s possession at the designated location on or before the scheduled time on the due date for receipt of Proposals. Any Proposal received AFTER the submittal due date and time will be opened only for identification purposes and not be considered for evaluation.

B. PROPOSAL FORMAT. Proposals shall be single spaced in no less than 12-point font.

Each Proposal shall contain a table of contents to assist in the evaluation and review of that Proposal. Proposals should be thorough, however, should not contain redundant information.

A Proposal may provide additional materials in appendices attached to that Proposal. Proposal sections should be tabbed, clearly identifiable, and contain the following Parts:

PART I – MAIN PROPOSAL DOCUMENT

1. Introductory Letter.

2. Original Proposal A signed, original Proposal with a table of contents must be placed immediately behind the Introductory Letter.

3. Appendices. Supporting visuals, diagrams or other documentation or information must be appropriately referenced in the offeror’s Proposal and appear at the end of that Proposal. The last appendix may contain offeror provided information not contained in other sections of the Proposal.

4. Affidavits, Certificate of Good Standing, Licenses, and Certificate of Insurance. A signed Non-Collusion Affidavit, a “Certificate of Good Standing” from the Colorado Secretary of State’s office, if the offeror is a domestic of foreign corporation or limited liability company, current licenses for any professional(s) licensed by the state of Colorado who will perform work if a contract were awarded, and a current Certificate of Insurance (ACORD 25 or equivalent) shall be placed at the end of this Part.

PART II – COSTS AND PRICE

Part II of the Proposal shall contain the cost and pricing information for that Proposal. In accordance with paragraph C. of Section 2 (Certification of Independent Price Determination) of this RFP. This Part of the Proposal shall include a complete description of all costs associated with the provision of the services described in this RFP in accordance with the scoring criteria.

SECTION 5

EVALUATION OF PROPOSALS

A. SELECTION COMMITTEE. An evaluation of each timely submitted Proposal will be made by an appointed, impartial selection committee utilizing the scoring criteria defined in this RFP. The objective of the selection committee is to select the Proposal that clearly demonstrates that the offeror is responsible and responsive to the terms and conditions of this RFP; and, is the “most advantageous”, i.e., “best value” to Garfield County taking into consideration experience, past performance, cost and price, and any other relevant evaluation factors. Numeric scoring of Proposals may be used in some aspects of the evaluation process to identify the strengths and weaknesses in a Proposal. During the evaluation phase, each selection committee member will independently review each Proposal and assign a score for each evaluation factor. The evaluation of each Proposal will be based upon a comparison between the information submitted by an offeror and the specific scoring criteria outlined below. The selection committee will then meet to discuss the Proposals and select the Proposal which is the most advantageous to Garfield County. The selection committee may modify scores, if necessary, based on those discussions.

The scores of each selection committee member will then be averaged for each Proposal. The final decision of the selection committee will be a business decision.

B. SCORING CRITERIA. In making its contract award recommendation to the Board of County Commissioners of Garfield County, Colorado, the selection committee will utilize various evaluation criteria. These scoring criteria may, but are not required to include: delivery schedules, times, locations, inspection, testing, quality, workmanship, functionality, suitability for a particular purpose, warranties, an offeror’s qualifications, experience, past performance, as well as the total amount of the Proposal (including any unit prices in that Proposal), any long-range cost(s), and, any other information that may be requested in this RFP.

C. PROPOSAL SCORING. The factors listed below are designed to incorporate the specific evaluation criteria. Proposals should be submitted in the format requested in this RFP providing sufficient detail to allow the selection committee to determine whether the submitted Proposal evidences: an understanding of Garfield County’s needs, requirements and contract terms and conditions; an ability to meet Garfield County’s needs, requirements, and contract terms and conditions; the experience and resources necessary to carry out the contracted work in a timely and satisfactory manner; and all costs that are reasonable and consistent with the offered services to meet Garfield County’s needs and requirements.

PROPOSAL FORMAT AND CONTENT

The County discourages overly lengthy and costly proposals, however, in order for the County to evaluate proposals fairly and completely, proposers should follow the format set herein and provide all of the information requested.

Past Performance and Experience – Maximum 30 Points The proposal should contain the following information on the offeror as well as on any subcontractors or consultants to be used, if any:

a. The offeror is advised to submit any information that documents successful and reliable past performance, especially those performances related to the requirement of this RFP.

b. Provide a list of the clients the offeror has gained and/or lost in the past five years. List the number of performances the offeror has marketed and sold tickets as the primary contractor in the past year. Please include the name of the organization, name of a contact person, phone number, email address, if available and date(s) of service.

Work Plan and Approach – Maximum 35 Points Proposers must clearly show their recommended work plan and approach to meet or exceed the requirements set forth in the Scope of Work. The response should be detailed and needs to touch on the following subjects at a minimum:

a. Onsite Support

b. Marketing Outreach Capabilities

c. Customer Service Hotline/Support

d. Reporting

e. Software

f. Equipment

Marketing – Maximum 15 Points Proposer must include marking plan and approach including but not limited to; brand engagement, advertising, digital marketing, merchandise, public relations, after sales reporting, customer feedback, social media, marketing management.

Proposers should also list their website URL if applicable.

Price Proposal – Maximum 20 Points The offeror shall provide a detailed cost breakdown of all the services and equipment required by this scope of work. Vendor proposals should provide pricing for two (2) additional employees to scan tickets at the entrance and exit of the VIP area for up to four (4) hours at each of the five

(5) scheduled events. The offeror shall provide a “Not to Exceed” amount for all services.

The county will use the “low-cost ratio” method using lowest projected cost divided by the proposer’s projects, LPC/PPC, to equate points.

Total: 100 Points Possible

D. DISCUSSIONS. After all Proposals have been evaluated, the selection committee may elect to hold discussions with those offerors the selection committee has determined are most reasonably likely to be selected for a contract award. The decision to hold discussions with offerors rests in the sole discretion of the selection committee. Offerors with whom the selection committee desires to hold discussions must come within the “competitive range” as that term is defined below. Offerors in the competitive range will be notified if the selection committee elects to hold discussions with selected offerors.

E. COMPETITIVE RANGE DETERMINATION. If the selection committee decides not to make a contract award based solely on a review of submitted Proposals, then those offerors whose Proposals are in the competitive range (those most responsive to the requirements of the RFP and reasonably susceptible of being selected for a contract award) will be provided an opportunity to enter into discussions with the selection committee. The same scoring criteria will be employed and each selection committee member will be given the opportunity to modify the original Proposal scores of that selection committee member after discussions have concluded.

To assist Garfield County in making its determination of offeror responsibility, offerors in the competitive range may be required to submit: an audited financial statement, a financial statement reviewed by a certified public accountant, a financial statement prepared by a third-party, or another financial statement prepared in the routine course of that offeror's business for the previous three years.

F. OPTIONAL ORAL PRESENTATION. After evaluating the Proposals, the selection committee, in its sole discretion, may request oral presentations from offerors in the competitive range. The purpose of oral presentations and/or system demonstrations is to:

1. allow an offeror the opportunity to present its Proposal to the selection committee in person;

2. allow an offeror the opportunity to demonstrate its proposed business solution;

3. allow Garfield County the opportunity to obtain further clarification of various aspects of a Proposal and to resolve any uncertainties in a Proposal;

4. resolve possible mistakes in a Proposal by calling such perceived errors to the attention of an offeror without disclosing information concerning other offerors’ Proposals; and,

5. allow Garfield County the opportunity to ask specific questions of an offeror regarding its Proposal. An offeror should not, however, prepare its Proposal with the assumption that an opportunity for an oral presentation or revisions will be allowed. Rather, the offeror’s most favorable Proposal should be submitted as its initial written submission.

The oral presentation may include discussion(s) for the purpose of clarification and to ensure full understanding of, and responsiveness to, the solicitation requirements. After all oral presentations have been made, the selection committee will again discuss their individual comments and scores.

G. BEST AND FINAL OFFERS. After discussions have been held and any optional oral presentations made, the selection committee may request all offerors in the competitive range to make a “Best and Final Offer” (“BAFO”). If BAFOs are requested by the selection committee, then a date will be set in writing by Garfield County for their submission of BAFOs. Offerors in the competitive range will not, however, be allowed to make comprehensive Proposal revisions (i.e.

a complete rewrite will not be allowed).

SECTION 6

SPECIAL TERMS AND CONDITIONS OF THIS RFP

A. SUBMISSION OF WRITTEN QUESTIONS. Written questions regarding the RFP or its attachments may be submitted to the Garfield County Procurement Department, 810 Pitkin Avenue Glenwood Springs, CO 81601 through 3:00 P.M. on Tuesday, February 20, 2024.

Questions submitted by e-mail should be sent to: Karah Brubaker at kbrubaker@garfield-county.com. The facsimile number for the Procurement Department is 970-384-5008.

mailto:kbrubaker@garfield-county.com mailto:kbrubaker@garfield-county.com

SECTION 7

ATTACHMENTS TO THE RFP

A. ATTACHMENTS. The following documents are attached to this RFP:

ATTACHMENT A – SCOPE OF WORK

ATTACHMENT B – NON-COLLUSION AFFIDAVIT

ATTACHMENT C – STATEMENT OF QUALIFICATIONS

ATTACHMENT D – SAMPLE STANDARD SERVICES CONTRACT

These documents are incorporated into and made a part of this RFP and any resulting purchase order or contract.