RFP - On-Call AE Svcs SBE 202577962..pdf

Request for Proposal Letter

RFP No. 202577962 On-Call Architectural and Engineering Services SBE September 17, 2025

REQUEST FOR PROPOSALS

On-Call Architectural and Engineering Services SBE

RFP No. 202577962

September 17, 2025

Proposal Submittal Requirements

RFP No. 202577962 On-Call Architectural and Engineering Services SBE September 17, 2025

REQUEST FOR PROPOSALS (RFP)

Airport Office Building (AOB) Denver International Airport (DEN) 8500 Pena Boulevard, Room 8810 Denver, Colorado 80249-6340

Contract Administrator (CA): DeAnne Barker E-Mail: contract.procurement@flydenver.com

Request for Proposals #202577962

PROPOSALS MUST BE RECEIVED BY: November 4, 2025, at 2:00 PM

UNDER NO CIRCUMSTANCES WILL E-MAIL OR FACSIMILE RESPONSES BE ACCEPTED.

Schedule of Activities:

This projected schedule is an estimated timeline and is subject to change at the sole discretion of the City.

All times listed in this document are understood to be Denver local time.

Event Date RFP Advertisement September 17, 2025 Optional Pre-Proposal Conference September 23, 2025, at 11:00 AM Denver Local

Time Last Date to Submit Written Questions October 7, 2025, at 2:00 PM Denver Local Time Proposal Due Date November 4, 2025, at 2:00 PM Denver Local Time

Pre-Proposal Conference – OPTIONAL An optional Pre-Proposal Conference will be held virtually via a Microsoft Teams Meeting at the date and time listed above in the Schedule of Activities. Please click on the following link to access the meeting.

Optional Pre-Proposal Conference Link

At this conference, DEN representatives will explain the opportunity and answer questions regarding this RFP, including any written questions submitted to DEN prior to the conference.

RFP Questions DEN will not answer any telephone inquiries about this RFP. Written questions are due by the deadline for questions listed in the Schedule of Activities above and shall be submitted electronically via the Rocky Mountain E-Purchasing System (BidNet) website. DEN requires all questions to be submitted individually on this site.

Note: BidNet limits the characters available to input for DEN to respond to each question. For this reason, multiple questions may not be submitted as a single question, as DEN is unable to respond to multiple questions in the space provided. Because of this limitation, DEN reserves the right to reject groups of questions submitted in a single question box or to select and respond to only one question posed. A multi-part question containing an initial question and a follow-up is the exception to this rule. All questions and answers will be posted on the BidNet website as an addendum to the RFP at the link below following the deadline for submittal of questions:

mailto:contract.procurement@flydenver.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDY4YTE3ZDQtYWU4Yi00ZjVjLWI1OTUtZDY1NzM3ZDhlMDlm%40thread.v2/0?context=%7b%22Tid%22%3a%2279c62162-b85e-4b0e-a863-ebe7817ad70d%22%2c%22Oid%22%3a%22ffb94348-7e55-42ad-9f83-236696ad9be7%22%7d

Proposal Submittal Requirements https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation

Proposal Submittal The proposal shall be prepared in accordance with the Preparation of Proposal as described in Section IV of this RFP. Proposers shall submit their proposal and all required forms via the BidNet website at the link below. Proposals are due by the date and time listed in the Schedule of Activities above.

https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation

Allow ample time for the electronic submission of your proposal. Following are links to a BidNet Electronic Bid Submission (EBS) guide and EBS FAQ site. DEN strongly encourages Proposers to review this information prior to starting your submission in addition to starting the submission process at least one business day prior to the proposal due date. DEN will not extend the submission deadline due to any technical issues or outages you may experience.

EBS FAQs:

http://faq.bidnetdirect.com/electronic-bid-submission/

Small Business Enterprise (SBE) Defined Pool Participation

Pursuant to Article VII of Chapter 28 of the Denver Revised Municipal Code (D.R.M.C.) the Division of Small Business Opportunity (DSBO) has established the following participation requirement for this project:

Small Business Enterprise (SBE) Defined Pool

Award will be strictly limited to SBE firms certified with the City and County of Denver, as listed in the Small Business Certification and Contract Management System, on or before the submittal due date. § 28- 207 D.R.M.C. The SBE contractor self-performance requirement is 30%.

General Statement of Work

This request is for a competitive Request for Proposal (RFP) and award multiple on‐call SBE architectural and engineering (A&E) service contracts to provide architectural, engineering, and other professional services on an on‐call, as needed task basis at Denver International Airport (DEN). The scope of work varies on an individual project and may include, but is not limited to, design for modifications and additions to existing facilities and systems, design for new facilities, building evaluations, producing reports and studies, architectural programming, and planning, permitting, estimating, scheduling, constructability reviews, and construction administration.

http://faq.bidnetdirect.com/electronic-bid-submission/

Table of Contents

RFP No. 202577962 On-Call Architectural and Engineering Services SBE September 17, 2025

PROPOSAL SUBMITTAL REQUIREMENTS

The following is a checklist for reference when compiling the proposal submission. The documents listed below are required:

□ Proposal Narrative:

• Complete responses to the Content Narrative as outlined in Section IV, which includes the required DEN Equity, Diversity, and Inclusion Plan (DEN EDI Plan)

□ Sample Agreement:

• List of all proposed modifications or legal issues regarding terms of the Sample

Agreement as outlined in Section III-2

□ Conflict of Interest Question Submission Form:

• If applicable, please disclose any conflict of interest as outlined in Section III-25

□ Proposal Forms - all complete and signed

• Proposal Acknowledgement Letter – filled out completely and acknowledged all addenda

• Proposal Data Form

• Disclosure of Legal & Administrative Proceedings & Financial Conditions

□ Diversity Survey

• Diversity and Inclusiveness in City Solicitations (online survey – include the completed survey with your proposal submission)

□ Financial Forms

• Exhibit B – Core Staff Labor Rates (From primes only, financial forms from subs are not required) – to be submitted as an Excel file.

RFP No. 202577962 On-Call Architectural and Engineering Services SBE September 17, 2025

REQUEST FOR PROPOSAL

202577962

On-Call Architectural & Engineering Services SBE

REQUEST FOR PROPOSALS (RFP)

PROPOSAL SUBMITTAL REQUIREMENTS

I. CITY, AIRPORT AND PROJECT OVERVIEW

II. SCOPE OF WORK

III. ADMINISTRATION INFORMATION

III-1 Issuing Office

III-2 Introduction and Acceptance of RFP Terms

III-3 Means of Communication

III-4 Interpretation of Proposal Documents

III-5 Addenda

III-6 DEN Website

III-7 Withdrawal of Proposal

III-8 Rights of DEN

III-9 Confidentiality of Records

III-10 Proposer Agreements

III-12 Certification of Independent Price and Work Determination

III-13 Designation of Subcontractors

III-14 Payment

III-15 Disclosure of Legal and Administrative Proceedings and Financial Condition

III-16 Insurance Requirements

III-17 Governmental Immunity

III-18 Security

III-19 Airport Identification (ID) Badge Requirements

III-20 Background Checks

III-21 Vehicles in the Secured Area

III-22 Violations

III-23 Diversity and Inclusivity in City Solicitations

III-24 Wage Ordinances

III-25 Conflicts of Interest

III-26 Collective Bargaining Agreement

III-27 Title VI Solicitation Notice

RFP No. 202577962 On-Call Architectural and Engineering Services SBE September 17, 2025

III-28 Compliance with Americans with Disabilities Act (“ADA”)

IV. PREPARATION OF PROPOSAL

IV-1 Preparation of Proposal - Proposal Forms

IV-2 Preparation of Proposal - Proposal Narrative

IV-3 Proposal Narrative Contents

V. EVALUATION OF PROPOSALS

V-1 Evaluation of Proposals

V-2 Past Performance

V-3 Shortlisting and Interviews (If Necessary)

V-4 Best and Final Offers

V-5 Evaluation Criteria

VI. ATTACHMENT 1, PROPOSAL FORMS

Attachment 1, Part 1 Proposal Acknowledgement Letter

Attachment 1, Part 2 Proposal Data Form

Attachment 1, Part 3 Disclosure of Legal and Administrative Proceedings and Financial Condition

VII. ATTACHMENT 2, EXHIBIT B – CORE STAFF LABOR RATES

VIII. ATTACHMENT 3, INSURANCE REQUIREMENTS

IX. ATTACHMENT 4, DIVERSITY AND INCLUSIVENESS IN CITY SOLICITATIONS

X. ATTACHMENT 5, SAMPLE AGREEMENT

XI. ATTACHMENT 6, CONFLICT OF INTEREST QUESTION SUBMISSION FORM

XII. ATTACHMENT 7, EXHIBIT D – 2025 TASK ORDER PROPOSAL AND EXECUTION PROCESS

XIII. ATTACHMENT 8, EXHIBIT E – SCHEDULING, PROGRESS REPORTING, INVOICING AND

CORRESPONDENCE CONTROL

City, Airport and Project Overview

I. CITY, AIRPORT AND PROJECT OVERVIEW

The values of equity, diversity, inclusivity, accessibility, and sustainability are inherent to the City’s strategy to develop and maintain prosperous communities. Accordingly, these values are imbedded into all the City’s procurement processes to ensure competitive procurements that offer equitable opportunities for all potential Proposers, including greater contracted and significant participation for historically underutilized businesses to ensure Denver’s long-term economic, social, and environmental health. Through equitable procurements, the City is committed to working to remove barriers and increase access to City contracting opportunities for all historically underutilized and small businesses including those owned by veterans and individuals living with disabilities as well as those in economically distressed or redlined neighborhoods. It is a primary value to promote economic equity by engaging a more inclusive community of Proposers and contractors, both as prime and sub-contractors to address socioeconomic disparities. Through this promotion of equity and inclusion (EDI), the City strives to improve opportunities that ensure fair and just access to jobs, housing, education, mobility options, and healthier communities. It is the City’s expectation that all successful Proposers demonstrate their commitment to these City values through their procurement responses and post contract and/or lease activities.

Each procurement opportunity is to be approached with ethical and honest behavior. The City will solicit, evaluate, and award contracts based upon the Proposer’s alignment with the City’s values as it relates to its approach, proven experience, ability to perform work, costs, and pricing. DEN is looking for Proposers that demonstrate a history of equity, diversity, integrity, stewardship, innovation, and humanity. The City is looking for Proposers that have equity, diversity, and inclusion (EDI) embedded in their policies, procedures, practices, initiatives, and exhibit actionable results and ensures that of those that they partner with.

The City’s values may be demonstrated through but are not limited to: (a) workforce expansion; (b) utilization of and work with the historically underutilized community, separate from required certified goals; (c) environmental sustainability and (d) EDI and Equal Employment Opportunity (EEO) programs for staff.

DEN plays a unique role as a gateway to the world for the region, our passengers, our communities, and our partners. As such, DEN has a generation of operators, concessionaires, designers, builders, planners, and small businesses that are stronger and more successful because of this work. DEN has also helped build new businesses that have flourished and grown into mature industry leaders. As part of its new Vision 100 plan, DEN intends to expand this legacy by looking to the community that has succeeded in the past at DEN to bring the next generation forward.

In its review of this contract opportunity, DEN believes that the scope of work and firms in the industry lends itself to unique partnership opportunities, and therefore, highly encourages firms that have historically proposed as prime contractors to serve as subcontractors to M/WBE firms in their contract with DEN, or to create Joint Ventures with M/WBE firms. A focus of this partnership should be for the contracting partners to build a meaningful relationship that is not merely transactional to meet a numerical goal. The objective is to afford the M/WBE firm the opportunity to learn from the large contractor, grow its financial capacity, build its generational wealth and its portfolio, and increase its capability to perform new commercially useful functions on future contracts.

In accordance with procedures described herein, you are hereby invited to submit a proposal for the subject project, which is described in the Scope of Work incorporated herein. The work under this Contract is anticipated to start on or about March, 2026 and has a scheduled duration of approximately

City, Airport and Project Overview three (3) years with (2) 1-year options to extend. The proposal must be prepared and submitted in accordance with the requirements and procedures contained in this RFP document and the City’s, including DEN’s, ordinances, rules, policies, and procedures. Compliance with these requirements by the Proposer is mandatory and is a condition of responsiveness. Any failure to satisfy these requirements will be a sufficient basis for the City and County of Denver’s Department of Aviation, also known as Denver International Airport, (DEN or City) to disqualify the Proposer. The City shall not be liable for any of the Proposer’s expenses associated with its preparation of the proposal or DEN’s consideration of it. The Proposer, if selected, shall not include any such expenses as part of its fee for performing the Scope of Work.

Scope of Work

II. SCOPE OF WORK

1. INTRODUCTION

Denver International Airport (DEN) is the 6th‐busiest airport in the world and the 3rd‐busiest airport in the United States as of the end of 2023. With more than 77.8 million passengers traveling through the airport last year, DEN is one of the busiest airline hubs in the world’s largest aviation market. The airport is the primary economic engine for the state of Colorado, generating more than $30 billion for the region annually.

DEN strives to be America's favorite connecting hub where the Rocky Mountains meet the world, be the best possible gateway to our region, and drive the economic growth for Denver and Colorado. DEN strives to be the hub of choice by providing air travelers with a pleasant and reliable airport experience and services comparable to the best airports in the world. Our 4 Vision 100 Pillars Objectives are:

• Empowering Our People

• Growing Our Infrastructure

• Maintaining What We Have

• Expanding Our Global Connections

2. DEN FACILITY DESCRIPTION

Denver International Airport consists of the Westin DEN Hotel integrated with the RTD Transit Center, the Jeppesen Terminal, the curbsides and covered parking attached to the Terminal, the North Terminal Federal Inspection Services (FIS) and support facilities, the Airport Office Building (AOB), and numerous of ancillary support buildings for a total of over 18 million square feet.

3. GENERAL SCOPE

DEN has maintained on‐call architectural and engineering design contracts to provide professional services on an as‐needed task basis. The scope of work varies for each task and may include, but is not limited to, design for modifications and additions to existing facilities and systems, design for new facilities, building evaluations, producing reports and studies, architectural programming, and planning, permitting, and construction administration. In general, the term "Task” and/or “Project" when it is used in this Scope of Work means all of the work associated with developing proposals, designs, construction documents, reports, plans, specifications, and cost estimates. It may also include construction administration and other professional services as requested by the DEN Project Manager or other designated representative. The consultant team (“Consultant”) shall provide all work in accordance with the most current DEN Design Standards Manuals (DSMs); the contract; all applicable Local, State and Federal codes and regulations; Airport Rules and Regulations; and shall adhere to the DEN Design Principles.

The current DEN DSMs, DEN Design Principles, and Airport Rules and Regulations are available for download under the DEN Business website at the following link.

http://business.flydenver.com/bizops/bizRequirements.asp

4. REQUEST FOR PROPOSAL FOR TASKS

The Consultant will be required to provide architectural, engineering and professional design services for specific task scope of work as requested by DEN designated representative(s) on an on‐call basis. The Consultant team must consist of licensed architect(s) or engineer(s) in the State of Colorado, as required to provide professional services to comply with all applicable, Local, State and Federal codes and regulations. The Consultant's general requirements are defined in the contract agreement and shall comply with the current DSMs. Specific scope of work for each Task or Project will be issued to the Consultant in a Request for Proposal in the format as defined by the contract agreement.

http://business.flydenver.com/bizops/bizRequirements.asp

The DEN designated representative will issue the Request for Proposal for a Task or Project. DEN may, at its sole discretion, issue a Request for Proposal to multiple Consultants for competitive proposals or when a Task or Project requires specialty team qualifications. The Consultant shall prepare and submit a fee proposal including the task schedule. Unless otherwise noted in the Request for Proposal documents, the fee proposal and schedule shall be submitted in the format as defined in the contract agreement and shall be returned within 14 calendar days of receipt of the executed Request for Proposal.

Unless otherwise noted in the contract agreement, the Consultant’s fee proposal shall be by Task or Project in response to the executed Request for Proposal. The fee proposal shall be broken down by personnel pay classifications, agreed hourly billing rates and hours as estimated to complete the scope of work. A break down for each sub‐consultant under the contract agreement is required. The proposed fee shall include all reimbursable expenses and Textura fee if applicable and shall be submitted in the format as defined in the contract agreement or Request for Proposal document. The Consultant understands the fee proposal establishes a Not to Exceed amount for the scope of work as estimated to complete the Task or Project, and the Consultant and its sub‐ consultants’ services are compensated for the actual time and materials provided during the monthly invoice cycle. The Consultant shall reference Exhibit E in the contract agreement for scheduling, progress reporting, invoicing and correspondence control.

5. SERVICES AUTHORIZATION

The Consultant is required, per the contract agreement, to submit a proposal for each Request for Proposal issued to the Consultant by the DEN designated representative. Upon approval of the Consultant’s proposal, the DEN designated representative issues a written service authorization to the Consultant in the format as defined in the contract agreement. Based on a Notice to Proceed (NTP) date agreed between the Consultant and the DEN designated representative, the Consultant shall provide all services for the Task or Project as approved and defined in the executed service authorization. No work shall be performed by the Consultant without a fully executed written service authorization from the DEN designated representative.

6. TASK OR PROJECT TYPES

The types of tasks that the Consultant executes for on‐call services vary on a case-by-case basis and the scope of work is defined in the executed Request for Proposal issued to the Consultant when the need of services arises.

Some examples of tasks may include but are not limited to the following.

Office renovations or remodels The Consultant may be requested to provide design services and construction administration services for office renovations or remodels. The scope of work may include field verification of the existing configuration and building systems capacity, architectural programming, architectural and engineering services to produce construction documents, permitting services, and construction administration services during construction. Disciplines involved may include, architectural, interior design, mechanical, electrical, life safety, fire alarm and protection, telecommunication, and graphic visualization.

Concourse gate renovations or expansions The Consultant may be requested to provide project management, design services and construction administration services for a concourse facility renovation or expansion to enhance the Airport operations. The scope of work may include field verification of the existing structure and building systems capacity, facilitating meetings and workshops, architectural and engineering services to produce construction documents, permitting services, and construction administration services during construction. Disciplines involved may include, civil, architectural, structural, interior design, mechanical, electrical, plumbing, life safety, fire alarm and protection, security, telecommunication, signage, baggage, graphic visualization, and other specialties as required to meet the scope of the task or project.

New facilities The Consultant may be requested to provide project management, design services and construction administration services for a new ground‐up ancillary support building to enhance the Airport operations such as a fire station, security guard sheds, etc. The scope of work may include site planning, programming, utility design, facilitating meetings and workshops, architectural and engineering services to produce construction documents, permitting services, and construction administration services during construction. Disciplines involved may include, civil, architectural, structural, interior design, mechanical, electrical, plumbing, life safety, fire alarm and protection, security, telecommunication, signage, graphic visualization, and other specialties as required to meet the scope of the task or project.

Operation & maintenance, preventive maintenance The Consultant may be requested to provide immediate design services to react to urgent operations & maintenance needs or preventive maintenance needs. The scope of work varies by type, cost, and complexity, such as grease trap replacement, emergency stair repairs, heaving floor slab repairs, etc.

Disciplines involved vary greatly and may require specialties as required to meet the scope of the task or project.

Facility evaluations and programming The Consultant may be requested to provide professional services for evaluation of existing facilities and building systems, provide subject matter expertise in facility life‐ cycle analyses, and provide strategic data to assist DEN in developing funding strategies for various capital improvement programs. Disciplines involved vary greatly and may require specialties as required to meet the scope of the task or project.

END OF SCOPE OF WORK

Administrative Information

III. ADMINISTRATION INFORMATION

III-1 Issuing Office

The City and County of Denver’s Department of Aviation (City or DEN), by the Contract Services Department (DEN Contract Services). This RFP is governed by the City’s ordinances and Procurement Rules in effect at the time of its issuance. DEN Contract Services is the sole point of contact concerning this RFP.

All communication must be done through the Contract Services Department.

III-2 Introduction and Acceptance of RFP Terms The Proposer, by submitting its proposal, acknowledges that it understands and will agree to the corresponding Exhibits and the Scope of Work, and that the Proposer shall be able to perform as required.

Acknowledgement of this condition shall be indicated by the signature of the Proposer on the Proposal Acknowledgement Letter, which is attached hereto and incorporated here in as Attachment 1, or an officer of the Proposer legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the Proposer of all terms and conditions as set forth herein. The Proposer shall identify clearly and thoroughly any variations between its proposal and this RFP. 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 this RFP.

Proposers shall undertake a detailed review of the Attachment 5, Sample Agreement and submit with their proposal a list of all legal issues or proposed modifications which the Proposer would like DEN to review and address, should they be selected as the apparent best Proposer. The Proposer may submit questions regarding the contract using the same method designated for other questions related to this RFP. Proposers are strongly advised to seek legal counsel for advice regarding the Same Agreement. DEN will not respond to legal questions such as about the interpretation of a provision of the Sample Agreement or provide legal advice regarding the Agreement to proposers. DEN shall assume that the Sample Agreement has been thoroughly reviewed and discussed with legal counsel prior to submission of the Proposal. If the Proposer does not identify any issues or proposed modifications to the Sample Agreement, the City may refuse to consider any proposed revisions received later from the Proposer, if they are selected as apparent best Proposer. The City may consider the Proposer’s comments in considering whether to select Proposer as the apparent best Proposer.

Attachment 5 is a sample agreement and, as such is subject to revision or modification by DEN at any time. DEN reserves the right to modify any term or condition of this Agreement, and to add, delete or modify terms and conditions, as DEN’s interests may require, prior to execution of a final agreement. The sample agreement contains provisions required by Federal, State, and/or City law and policy, and these provisions may not be revised or negotiated.

III-3 Means of Communication

During the solicitation process for this RFP, all communication between the Contract Services Department and Proposers will be via postings on DEN’s Rocky Mountain E-Purchasing System’s (BidNet’s) website:

https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation

The Contract Services Department will post notices, which include, but are not limited to, any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, addenda, and the announcement of the apparent successful Proposer. It is the responsibility of each potential Proposer to monitor the BidNet website regularly to be aware of changes, communications and/or addenda to proposals.

DEN will not be held responsible for misinformation received from private plan holders. Please use the DEN BidNet website to obtain solicitation information for the airport.

III-4 Interpretation of Proposal Documents

The Proposer may request, in writing, a clarification or interpretation of any aspect of the RFP documents.

Such requests must be made via the Rocky Mountain E-Purchasing System (BidNet) website by the due date and time specified in the Schedule of Activities listed on Page 2. DEN shall post all questions and answers on the BidNet Website following the deadline for submittal of questions as an addendum to the bid. DEN will not accept or respond to oral inquiries except for those made at the Pre-Proposal Conference. The only ‘official’ responses are those that are posted to the BidNet Website for this RFP.

III-5 Addenda

DEN reserves the right to revise the RFP documents at any time up to the time set for submission of the proposals. Any such revision(s) shall be described in an addendum to the RFP and shall be posted on the DEN BidNet Website at the following link:

https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation

If DEN determines that the addendum may require significant changes to the Scope of Work, the deadline for submitting the proposals may be postponed by the number of days that DEN determines will allow Proposers sufficient time to revise their proposals. Any new submittal deadline date for delivering proposals to DEN shall be included in the addendum.

Proposers must acknowledge in the proposal submission that they received all addenda to the proposal documents (see Attachment 1, Part 1). Failure to acknowledge receipt of addenda may disqualify the proposal.

III-6 DEN Website It shall be conclusively presumed that the Proposer did, before submitting a proposal and prior to the final proposal deadline, read all addenda, posted decisions and other information items relevant to the RFP which appeared on the DEN BidNet Website. Proposer may also contact the DEN Contract Administrator, DeAnne Barker, by email at contract.procurement@flydenver.com to confirm all posted information.

Please visit the DEN BidNet Website at the following link which contains such services and information as:

https://www.bidnetdirect.com/colorado/cityandcountyofdenverdepartmentofaviation

A. Advertisements for RFx and IFB opportunities B. Status of RFx and IFB opportunities C. Addendums including vendor questions and responses D. Plan holder’s/Document Taker’s list E. Award information

III-7 Withdrawal of Proposal

A Proposer may withdraw its proposal by submitting to DEN a written request signed by the Proposer’s authorized representative. The withdrawal of a proposal does not prejudice the right of the Proposer to submit future proposals.

mailto:contract.procurement@flydenver.com

III-8 Rights of DEN DEN reserves the rights to cancel or modify this RFP at any time and to reject any or all proposals for any reason or for no reason. This RFP is an open and equitable invitation for proposals, and each proposal constitutes an offer to contract that DEN may consider in its sole and absolute discretion. Any errors or omissions in a proposal may result in the rejection and disqualification of the entire proposal. Errors, omissions, and other acts that may result in proposal rejection and disqualification include, but are not limited to, failure to strictly comply with the RFP requirements or any applicable ordinances, rules, or policies; the submission of any inaccurate or false information; any improper communications or collusion involving Proposers; default or termination for cause of any public or private contracts within the past five years; delinquent arrearages owed to DEN; and failure to submit proof of licensing or franchise authority and any related exclusivity requirements.

Notwithstanding the broad rights reserved to DEN to reject and disqualify any or all proposals, DEN may waive any immaterial deficiencies in proposals and may allow Proposers to cure any such deficiencies if an opportunity to cure is determined by DEN to be in DEN’s best interests. If given an opportunity to cure, Proposers will be notified of the allotted time to correct the identified deficiency; failure to correct the deficiency in the time allotted may result in proposals being deemed non-responsive and disqualified.

DEN’s waiver of an immaterial deficiency will in no way modify the RFP or excuse Proposers from full compliance with all RFP specifications. DEN may exercise the foregoing rights at any time without notice and without any liability whatsoever to any Proposer or other party. By responding to this RFP, each Proposer is deemed to accept and agree to all of these terms and conditions and to waive any rights to challenge DEN’s determinations regarding proposal deficiencies in accordance with this section.

During the evaluation process, DEN reserves the right to request additional information from any Proposer, to seek clarification of information provided, to conduct its own due diligence with respect to any Proposer or proposal, including Self-Guided Tours of a Proposer’s other operations, reference checks, credit checks, health department checks, or any other investigations deemed necessary.

III-9 Confidentiality of Records

Documents submitted pursuant to this RFP will be subject to the Colorado Open Records Act, C.R.S. §§ 24-72-201, et seq. Information clearly marked as confidential and proprietary will be kept confidential by City, unless otherwise provided by law. City will attempt to notify the Proposer if a request is made for pages of documents clearly marked as confidential and proprietary so that the Proposer may take any action it deems necessary to defend the request. The Proposer, not the City, shall be the entity responsible for defending against Colorado Open Records Act disclosures for any records claimed by the Proposer to be confidential and proprietary.

III-10 Proposer Agreements Proposers may submit proposed agreements of any form (contracts or documents) that contain supplemental terms and conditions that the Proposer desires to be considered by the City for inclusion in the contract. Such forms may include Proposer’s software licensing agreements, maintenance contracts, and technical support agreements. By accepting delivery of these items, DEN is not bound to accept them as part of an ensuing contract. DEN may negotiate such supplemental terms and conditions that do not materially conflict with the contract terms and conditions detailed in this RFP and do not materially change the nature of this solicitation or adversely affect competition. If the parties cannot agree on the terms of the contract, including any terms desired by Proposer, DEN may terminate negotiations with the Proposer and enter into a contract with another responsive Proposer. Certain of DEN’s contract provisions are required by Federal, State and/or City law and policy and are not subject to modification.

III-11 Small Business Enterprise (SBE) Defined Pool Program SBE Responsiveness Requirements

DSBO has designated this procurement as SBE defined pool. Accordingly, award will be strictly limited to certified SBE firms. § 28-207 D.R.M.C. Conditions of responsiveness are listed below; failure to submit a responsive submission constitutes cause for rejection thereof.

A. Certification Before the proposal due date, the submitter (“Proposer”) must be SBE certified by the City in the NAICS work code(s) that coincide with the scope of work they will be performing for SBE self-performance credit.

DSBO maintains an SBE Directory (“Directory”), which is a current listing of SBEs that have been certified by the City. The Directory may be accessed via the DSBO web site at https://www.denvergov.org/dsbo.

B. Joint Ventures If Proposer is a Joint Venture of SBE firms, proposer must submit the Joint Venture Agreement to DSBO at time of proposal due date. A qualified Joint Venture is an association of one or more City and County of Denver-certified SBE firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital efforts, skills and knowledge. DSBO will count the total dollar value of the joint venture’s collective self-performance toward the SBE self-performance requirement, equal to the distinct, clearly defined portion of the work that a Joint Venture’s member firms perform with their own forces in NAICS code(s) in which the Joint-Venture firms are SBE certified.

C. Authority The DSBO Ordinance and rules and regulations promulgated pursuant thereto apply to this project and are incorporated into these solicitation documents by reference. Compliance with those, and any additional requirement contained herein, are conditions of responsiveness. The DSBO Ordinance, its accompanying rules and regulations, and additional SBE guidance are available here:

https://www.denvergov.org/dsbo. Submitter is encouraged to contact the procuring agency/Buyer with specific questions related to compliance therewith, who will coordinate with DSBO to reply to Submitter’s questions.

III-12 Certification of Independent Price and Work Determination

By submission of this proposal, each Proposer, and in the case of a joint proposal, each party thereto, certified, that, in connection with this procurement:

A. Prices and specific work processes in this 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 Proposer or with any competitor, or with any party contracted by DEN to design and/or manage all or part of the program or work of which this RFP is a part;

B. Unless otherwise required by law, the prices quoted and specific work processes described in this proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other Proposer or to any competitor or to any party contracted by DEN to design and/or manage all or part of the program or work of which this RFP is a part; and

C. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

Further, each person signing Attachment 1, Part 1 Proposal Acknowledgement Letter, for this proposal certified that:

D. They are the person in the Proposer’s organization responsible for the decision as to the prices being offered herein and that they have not participated, and will not participate, in any action contrary to subsection (a) through (c) above; or

E. He / She is not the person in the Proposer’s organization responsible for the decision as to the prices being offered herein but that they have been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to subsections (a) through (c), above, and as their agent does hereby so certify; and they have not participated, and will not participate, in any action contrary to subsections (a) through (c), above.

A proposal will not be considered for award where subsections (a), (c), (d) or (e), above, have been deleted or modified. Where (b) above has been deleted or modified, the proposal will not be considered for award unless the Proposer furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the CEO, or its designee, determines that such disclosure was not made for the purpose of restricting competition.

III-13 Designation of Subcontractors

The Proposer shall describe the qualifications of each subcontractor which it intends to use and the percentage and scope of the work which will be assigned to each of them. Resumes for the subcontractor’s key personnel must be included.

Proposers who submit a proposal in response to this RFP are precluded from participation as a subcontractor with any other Proposers who submit a proposal for this RFP. However, subcontractors may be named on more than one (1) proposal. Subcontractors who are named in more than one proposal are prohibited from sharing information about one Proposer with another Proposer or utilizing such information to assist in the preparation of another proposal.

III-14 Payment

Appropriate clarifications and additions to the Scope of Work may be made during negotiations with the successful Proposer. It is the intent of DEN to enter into a Contract in which the Proposer will be paid pursuant to the terms of the Contract.

III-15 Disclosure of Legal and Administrative Proceedings and Financial Condition A. The Proposer shall submit (at time of submittal) a statement which shall disclose all legal or administrative proceedings that involve a civil claim in excess of Fifty Thousand Dollars ($50,000) in which the Proposer, its principals or key personnel were a party in the last five years. The Proposer shall include in the statement:

1. The caption of the action naming all parties;

2. The case number, jurisdiction and the date the action was filed;

3. A brief description of the action, the amount of the claim and whether the action involved performance under any public or private construction contract; and

4. The outcome or disposition of the action.

B. The Proposer shall submit (at time of submittal) a statement which shall disclose whether Proposer has filed for protection under the laws of the U. S. Bankruptcy Code within the last ten (10) years.

C. The Proposer shall submit (at time of submittal) a statement as to whether the Proposer, its principals or key employees presently, or in the past, are or have been involved in any debarment or suspension proceedings. Please include a description of any proceedings which prohibited or limited the Proposer from proposing or entering into any contract with any federal, state or local government entity.

Include a brief description of the reason(s) for such action having been taken, the effective dates thereof and the governmental agency.

If the Proposer is a partnership or joint venture, please include a statement disclosing the information listed in subparagraph A and B, above, for each partner or joint venturer. If the Proposer is fifty percent (50%) or greater owned by another entity or individual, please include a statement disclosing the above information for such entity or individual.

D. The Proposer shall submit (at time of submittal) a statement as to whether the Proposer, its principals or key employees have been convicted of any crime related embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, fraud, unfair trade practices, violation of state of federal antitrust statutes, or other law indicating a lack of business integrity or business honesty or have been convicted of any other felony in any jurisdiction within the last five (5) years. Include the current status of any such principal or key employees.

E. The Proposer shall submit (at time of submittal) its Dun & Bradstreet identification number. If the Proposer is a partnership or joint venture, it must submit the Dun & Bradstreet identification number for each partner of a joint venture.

F. If the Proposer is a publicly held company, it shall submit (at the time of submittal) a list of any holders of ten percent (10%) or more of its stock.

G. During contract negotiations or at any time during the term of the executed contract, the Proposer may be asked to submit the following:

1. An audited statement of overhead rates, payroll taxes and operating (profit) margin used to calculate hourly billing rates for DEN and approval. If the Proposer does not have audited overhead rates, a Core Staff Labor Rates for Professional Services sheet, may be requested for each entity without audited overhead rates. This statement shall cover the Proposer’s most recently completed fiscal year and shall be signed by a certified public accountant as a Certified Audited Statement in which the accountant expresses his or her opinion as to the fairness with which the statement represents the Proposer’s financial position, results of operations and changes in financial position.

2. If the Proposer is a partnership or joint venture, a Certified Audited Statement is required for each partner or joint venture. If the Proposer does not have audited overhead rates, a Core Staff Labor Rates Sheet, may be requested for each entity without audit overhead rates. If any individual owns thirty-two percent (32%) or more of the Proposer, a Certified Audited Statement is required for each such individual or if a Certified Audited Statement is not available, then the individual must supply copies of his or her federal tax returns for the prior two (2) years.

3. If a Proposer is a small business as defined by the United States Small Business Administration, the Proposer may elect to submit copies of its Federal tax return for the prior two (2) years and prepare a Core Staff Labor Rates Sheet, in lieu of a Certified Audited Statement.

4. A signed statement certifying that no material or significant changes have occurred since the date of completion of the Certified Audited Statement, or the filing of the Federal tax return and the date of the proposal.

III-16 Insurance Requirements

Proposer shall adhere to all insurance requirements stated in Attachment 4, which is attached hereto and incorporated herein by reference. The official repository for Certificates of Insurance (COIs) within DEN is PINS Advantage. Upon contract initiation, an email will be sent to the Commercial Operator with instructions for uploading COIs to ensure insurance compliance. The City reserves the right to modify submission requirements at any time, including the use of third-party software and/or services, which may involve an additional fee to the Commercial Operator.

III-17 Governmental Immunity

Proposers and subcontractors understand and agree that the City, its officers, officials and employees are relying on, and do not waive or intend to waive by any provisions of this Contract, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101 - 120, C.R.S., or otherwise available to the City, its officers, officials and employees.

III-18 Security

After receiving an executed contract, the Proposer shall be deemed a Contractor of DEN. The Contractor (or subcontractor) requiring access to the Controlled Area, Sterile Area or Secured Area shall become a “Participant” in the Airport Security Program and remain in good standing in order to retain Airport Security privileges.

Participant guidelines are outlined in DEN Rules and Regulations Part 20. A Contractor must be sponsored by an Air Carrier, Tenant or by the City. Once a Contractor company has been sponsored, they must designate an Authorized Signatory.

The sponsorship establishes that a Contractor (or subcontractor) has legitimate business at the Airport.

All construction Contractors must submit a Participant Sponsorship form signed by their sponsor. A company sponsoring a Participant shall immediately notify Airport Security when any sponsorship is terminated.

A subcontractor company working under its own entity must be sponsored by a Contractor company. The subcontracting company must designate its own Authorized Signatory(ies).

Each Participant shall designate an Authorized Signatory to ensure the Participant’s compliance with the Airport Security Program and act as the point of contact between the Participant and Airport Security. The Authorized Signatory shall be designated in writing to Airport Security by the Participant.

The Authorized Signatory is responsible for entering and verifying information on the online Badging applications. It is the Authorized Signatory’s responsibility to ensure that Airport Security maintains valid contact information. The Authorized Signatory must maintain a current and valid Airport Identification Badge (ID Badge).

The security status of the Airport is subject to change without notice. Should the security status of the Airport change at any time during the term of the Contract, a written notice shall be issued to the Contractor, detailing all applicable security modifications. The Contractor must take immediate steps to comply with those security modifications.

The Contractor shall return to DEN, upon Contract completion or termination, or upon demand by DEN, all access keys and Airport ID Badges issued to it by DEN to Controlled Areas, Sterile Areas or Secured Areas of the Airport. If the Contractor fails to return any such Airport ID Badge(s) or Airport Security Key(s) at Contract completion or termination or upon demand by the DEN, the Contractor shall be liable to the DEN for all DEN’s costs, including the DEN’s labor costs for re-coring doors and any other work which is required to prevent compromise of any Airport Security system. In order to collect such costs hereunder, the DEN may withhold funds in such amount from any amounts due and payable to the Contractor under the Contract.

Airport Security must be immediately notified if an Airport ID badge or security key is lost or stolen and must be notified immediately upon the termination of an individual’s employment. Pursuant to 49 C.F.R.

Part 1520.04-10(d) a fee shall be assessed against any employer who fails to return an Airport ID badge or security keys upon the termination of an individual’s employment, transfer, or completion of a project or contract. An additional fee may be requested to cover the administrative cost of processing a lost badge or security key.

III-19 Airport Identification (ID) Badge Requirements All individuals employed at the Airport with Secured Area access, or working in the Terminal, Concourses or Parking and Ground Transportation facilities, must obtain an Airport ID Badge. Airport ID Badges will be issued by Airport Security. All Airport ID Badges shall be and remain the property of the Airport. The Airport ID Badge must be surrendered on demand to Airport Operations and/or a Contract Security Guard.

An individual employed by more than one (1) company, or changing employers, must obtain an Airport ID Badge for each company. Badge color indicates general areas and levels of authorization in relationship with direct support of an individual’s job function. Badge color does not determine access. The respective classes of Airport ID Badges, indicated by badge color and associated driving endorsement icon, describe driving privileges in direct correlation with job function.

The individual must meet with their authorizing signatory to complete an online application in DEN’s security…