RFP PMAA 2018_00010 Resource Stewardship.pdf

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Attached to
PMAA SCON State Park Wildlife Survey Approved Vendor ListRFP
Solicitation number
RFP PMAA 20180000000000000010 2
Issued by
Denver County, Denver City, Colorado

About this file

This is a Request for Proposals (RFP) issued by the State of Colorado, Department of Natural Resources, on behalf of the Division of Colorado Parks and Wildlife (CPW), for wildlife survey work under the Resource Stewardship Program. The RFP seeks contractors to conduct herptile surveys, invertebrate surveys, mammal surveys, and rare/imperiled-listed species surveys across CPW's four regions and associated state parks. The inquiry deadline for written questions was March 12, 2018, with answers posted by March 19, 2018. Proposals were due by March 29, 2018, at 1:00 p.m., with evaluation occurring from March 30 through April 6, 2018. Potential interviews with top proposers were tentatively scheduled for April 9, 2018, with a project start date of April 13, 2018. The contract will be a single purchase order arrangement under $25,000 per state fiscal year on a project-by-project basis, with a term extending through June 30, 2018, and four possible annual renewals through June 30, 2023, for a total potential term of five years.

Proposers must submit hourly rates for each survey type that include field survey work, travel, lodging, and office supplies. Qualifications require either a Master's degree in a natural resource field with minimum three years of applicable experience or minimum seven years of applicable experience, documented through curriculum vitae. Experience in writing reports, map creation, data analysis, GIS work, and similar survey projects is required, with proposals evaluated based on experience in relevant CPW regions and habitats. Contractors must maintain Workers' Compensation, Commercial General Liability ($1,000,000 per occurrence), and Automobile Liability ($1,000,000 combined single limit) insurance with the State named as additional insured. Resident bidder preferences and Service Disabled Veteran Owned Small Business (SDVOSB) preferences of up to 5% apply where applicable. All products produced under the resulting contract, including reports, data, maps, and related materials, become sole property of the State of Colorado.

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File Type Posted
POTermsConditions1-1-09.pdf PDF
Exhibit D.pdf PDF
Exhibit C.pdf PDF
Exhibit B.pdf PDF
Exhibit A.pdf PDF
RFP PMAA 2018_0010 Q&A.pdf PDF
Exhibit E.pdf PDF

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REQUEST FOR PROPOSALS

CPW Resource Stewardship Program

For the Division of Colorado Parks and Wildlife

RFP# PMAA 2018*00010

1.0 OVERVIEW

1.1 Issuing Office

This Request for Proposals (RFP) is issued by the State of Colorado, Department of Natural Resources, on behalf of the Division of Colorado Parks and Wildlife (CPW). All contact regarding this solicitation is to be directed to:

Kaylee Salazar

Department of Natural Resources Purchasing Office

1313 Sherman #119

Denver, CO 80203

(303) 866-3203 X1269

Email: kaylee.salazar@state.co.us

1.2 Purpose

1.3 Schedule of Activities:

Activity Date Time

RFP posted on the Colorado VSS March 01, 2018

Inquiry deadline for written questions March 12, 2018 1:00 pm

Answers posted on Colorado VSS March 19, 2018

Submission deadline March 29, 2018 1:00 p.m.

Evaluation of Proposals (Tentative) March 30 - April 06, 2018

Interviews with top proposers* (Tentative) April 09, 2018

Project start date (Tentative) April 13, 2018

* If the evaluation team decides to interview firms in the competitive range it will be on this date.

1.4 Submission

All proposals must be received by the Purchasing Office, Department of Natural Resources, Purchasing, 1313 Sherman #423, Denver, CO 80203 no later than the date and time shown in the Schedule of

Activities, Submission Deadline. Only hard copy submittals or submittals received via VSS (Vendor Self

Service) will be accepted – reference Section 4.0 Submittal for details. It is the responsibility of the proposer to ensure that the proposal is received in the Procurement Office prior to the deadline.

Consultants mailing proposals should allow ample mail delivery time to ensure timely receipt of their proposals. Proposals received after the above date and time will not be considered.

Proposals submitted in hardcopy must be sealed and clearly identified as a proposal for the DNR RFP#

PMAA 2018*0010 and shall show such information on the outside of the proposal packet. Proposals will not be accepted electronically (with the exception of submission via VSS) or by telegraphic/facsimile transmittal.

A responsive proposal must include all items as outlined in section 4.0 Submittal.

1.5 Inquiries

Prospective proposers may make written inquiries concerning the RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time specified in the Schedule of

Activities, “Inquiry deadline for written questions”. Questions must be submitted in writing via email as an attachment. Please use the bid number in the subject line of your email and include your name, company name, address and contact information. Send questions to:

Kaylee Salazar, Purchasing Agent

Email address: kaylee.salazar@state.co.us

An amendment will be posted on the Colorado Vendor Self-Service System, see 1.7, below. The amendment will respond to all questions submitted regarding the RFP.

1.6 Amendments to Request for Proposals

In the event it should be necessary to revise any portion of this Request for Proposals, an amendment will be posted on the Colorado Vendor Self-Service System website (see 1.7 below).

1.7 Colorado Vendor Self-Service System Website

This solicitation is published using the Colorado Vender Self-Service System on the internet. Solicitation documents and information (including any amendments or modifications) will be updated with revisions on this site. Visit the Colorado VSS System at:

https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService.

Vendors can self-register for this system free of charge, or click on Public Access in order to view documents and modifications without registering. Vendors are encouraged to register prior to, or at the time they submit their Proposal.

mailto:kaylee.salazar@state.co.us https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService

1.8 Evaluation Process and Award

Proposals will be evaluated and awarded as outlined in section 5.0 Evaluation and Award. Multiple awards may be given on this solicitation.

1.9 Attachments

The following attachments are included as part of the Request for Proposal:

● RFP Submittal Form (Page 18)

● Exhibit A- Herptile Surveys Scope of Work

● Exhibit B- Invertebrate Surveys Scope of Work

● Exhibit C- Mammal Survey Scope of Work

● Exhibit D- Rare Imperiled-Listed Species Surveys Scope of Work

● Purchase Order Terms and Conditions

2.0 CONTRACT INFORMATION

2.1 Colorado Contract

It is the intent of DNR to make an award to one or more vendors off of this RFP. The successful proposer(s), will be required to enter into a formal contract with the State. The purchase order contract will incorporate this RFP, published addenda and the response of the successful bidder, and will include all terms and conditions as well as outlined in the purchase order contract.

Single Purchase Order Contract. DNR will enter into a single purchase order contract with any awarded vendor. Agreements will be through Purchase Orders under $25,000.00 in each State of Colorado Fiscal

Year on a project by project basis. Any partnerships between firms specializing must be managed in a

Prime Contractor / Subcontractor approach. All references to “proposer” or “contractor” or “offeror” throughout this RFP document shall be interpreted to mean the prime responding vendor, except where specifically noted otherwise. Any/all forms signed and submitted by this so defined prime shall be interpreted as acknowledgement of terms and conditions and assumed responsibilities on behalf of all partnered entities (if applicable). The selected contractor will be required to assume responsibility for all goods and services offered in its proposal, and DNR will consider the selected contractor to be the sole point of contact with regard to all contractual matters and responsibilities. The selected contractor must gain prior written approval from DNR for any changes to subcontractors, subsequent to proposal submission.

2.2 Contract Duration

The purchase order contract for the State of Colorado fiscal year will end on June 30, 2018. Four annual renewals of the purchase order contract are possible, at the State’s option through June 30, 2023. Time is of the essence in the performance of the work scope and work shall begin as soon as possible after a purchase order contract is issued. Contractor agrees to proceed with due diligence, completing all specified work specified in the Scopes of Work. An Approved Vendors List created within this RFP process will be utilized at the sole discretion of CPW, for a total term not to exceed five years.

2.3 Measurement and Payment

Measurement and payment for the project will be based on specific tasks and items outlined in the purchase order contract. Payment will be made upon delivery of specific tasks and products after acceptance of the vendor’s invoice by the CPW Project Manager and Project Manager’s approval until final completion of the application. Final Payment will be made with the delivery of the completed product.

2.4 Insurance Requirements

The contractor shall obtain, and maintain at all times during the term of this contract, and require subcontractors to include the following insurance policies with the associated amounts:

1) Workers’ Compensation Insurance as required by state statute, and Employer’s Liability

Insurance covering all of contractor’s or subcontractor’s employees acting within the course and scope of their employment.

2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

a. $1,000,000 each occurrence;

b. $1,000,000 general aggregate;

c. $1,000,000 products and completed operations aggregate; and

d. $50,000 any one fire.

If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or other document satisfactory to the State showing compliance with this provision.

3) Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. Auto identification cards are an acceptable form of proof for this requirement.

5) The State of Colorado shall be named as additional insured on the Commercial General Liability policies. Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado.

6) The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to Contractor and Contractor shall forward such notice to the

State within seven days of Contractor’s receipt of such notice.

7) The contractor will require all insurance policies in any way related to the contract and secured and maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.

8) All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to the State.

2.5 Performance Outside the State of Colorado and/or the United States Following the Effective Date, Contractor shall provide written notice to the State, within 20 days of the earlier to occur of Contractor’s decision to perform, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State shall be posted on the

Colorado Department of Personnel & Administration’s website. Knowing failure by Contractor to provide notice to the State shall constitute a material breach of this Purchase Order Contract.

SCOPE OF WORK

The Scope of Work can be found in Exhibits A-D to the Request for Proposals.

4.0 SUBMITTAL

4.1 Proposal Format

This section describes the information that must be furnished by the proposer and the prescribed format in which it must be presented. The Department of Natural Resources requests that proposals be submitted which:

● Include recycled paper as much as possible

● Are printed on 8 ½ by 11” paper

● Are in a format to facilitate filing; three-ring binders and bulky submittals are not permitted

● Submit ONLY One (1) original copy of your proposal, along with an electronic copy (i.e. disk, flash drive, etc) of your proposal. Proposers submitting responses via VSS must make sure to attach their proposal. Please be aware that the maximum attachment size for VSS documents is

2MB.

● Proposals must be delivered “sealed” with RFP Number, and Opening Date and Time on outside of envelope. Be advised that telegraphic/facsimile transmittal proposals will not be accepted.

4.2 Proposal Form / Eligibility to Do Business in Colorado / Location of Project Work

a) The completed and signed RFP Submittal Sheet MUST accompany proposals submitted.

b) The proposing firm must be registered on the Secretary of State’s website in good standing at the time of the solicitation due date.

c) Please specify if any work under the contract will take place outside of Colorado or the United

States.

d) Resident Bidder Preference. When a contract for commodities or services is to be awarded to a bidder, a resident bidder shall be allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident.

e) Service Disabled Veteran Owned Small Businesses (SDVOSBs). SDVOSBs, who are incorporated or organized in Colorado or maintain a place of business or have an office in

Colorado and who are officially registered and verified as a SDVOSB by the Center for

Veteran Enterprise within the U.S. Department of Veterans Affairs. (www.vip.vetbiz.gov), may receive a 5% preference on their bid. This preference applies only to the price, and the

SDVOSBs must still meet all other qualifications required in the bid.

SDVOSBs claiming this preference shall submit documentation of SDVOSB certification Issued through the U.S. Department of Veterans Affairs in their response to the solicitation. Bid submissions without this documentation will not be given a preference.

4.3 Company Information

Please include information such as the company’s history, contact information for all personnel associated with this project, organizational charts and any other information deemed relevant to the company.

4.4 Qualifications

A Master’s degree in a natural resource field with a minimum of 3 years of applicable experience or a minimum of 7 years of applicable experience is required. Documentation of qualifications must be submitted in the form of a CV or a similar document.

4.5 Experience

Firms must possess survey experience in identified topic areas such as birds, reptiles, mammals, etc.

Additionally, Firms must have experience including, but not limited to, writing reports, map creation, analysis of numeric data-spreadsheets/spatial data-GIS. Please provide examples of projects similar in nature to the projects herein.

4.6 Location

Projects may occur in any of the four CPW regions and in any of the state parks therein. Identify the

Regions and habitats in which your firm has experience in order to be considered for projects in the parks located within these areas.

4.7 Price

Provide a hourly rate for each survey type based upon field survey work. This rate should also include;

travel and lodging, office supplies and other resources necessary to complete the project.

5.0 EVALUATION AND AWARD

5.1 Evaluation Process and Award

The Evaluation Committee shall review and score each of the proposals based on the criteria listed below.

All proposals will receive fair and equal treatment. Based upon the ranking of the proposals after the initial review, the highest-ranked proposers may be asked to make an oral presentation of their proposals.

A combined score based on the written proposal and oral presentation shall serve to determine the top-ranked proposals, however, the presentations may receive a separate evaluation score based on the criteria below. The state reserves the right to check references at any stage of the evaluation.

Offerors should not assume that they will have an opportunity for oral presentations or revisions of proposals, so they should submit their most favorable proposals as their initial proposal. If inclusion on the Approved Vendors List is not made on receipt of initial proposals, offerors who meet the minimum qualifications (those most responsive to the requirements and reasonably susceptible of being selected for award) will be provided an opportunity to make an oral presentation. The competitive range determination will be based on the written proposals, so offerors are cautioned to insure that their proposals adequately convey the soundness of their approach and understanding of the requirements.

The proposal(s) that results in the best product and value to the State of Colorado shall be recommended by the Evaluation Committee to the Procurement Office for contract award.

While a numerical evaluation method may be used as an aid to evaluation, the selection ultimately is a business judgment that will reflect an integrated assessment of the relative merits of proposals and presentations, (if applicable) using the factors identified below. The State reserves the right to reject any

(or all) proposals that pose, in the judgment of the State, unacceptable risks of unsuccessful or untimely performance, unacceptable State resources requirements, or costs exceeding the budget constraints.

Proposals shall be evaluated using the following criteria:

5.2 Proposal Form/VSS Registration/Location of project work/Bidder Preferences

The proposal for, VSS Registration, good standing status with the Colorado Secretary of State, and the location of project work are required, but will not be scored. Any submittals regarding bidder preferences outlined under section 4.2 d) and e) will be evaluated and applied as appropriate.

5.3 Company Information

This information is required but will not be evaluated.

5.4 Qualifications

Contractors will be evaluated based on the requisite documentation provided.

5.5 Experience

Experience will be evaluated based on the relevance of the projects listed in the Scope of Works, Exhibits A-D.

5.6 Location

Proposals will be evaluated based on the identification of Regions and habitats in which the firm has experience .

5.7 Price

The best value to the State and the reasonableness of pricing will be considered.

SECTION 6.0 ADMINISTRATIVE INFORMATION

6.1 Proposal Submission

All proposals must be received by the Department of Natural Resources, Purchasing Office, no later than the date and time shown in the Schedule of Activities, Proposal Submission Deadline. Each proposal package shall consist of the items outlined in Section 4.0 – Submittal of this RFP.

A complete proposal package including all elements of the proposer’s response as delineated above MUST be submitted and received by the stated deadline.

It is the sole responsibility of the proposer to ensure that its complete proposal package is received in the

Contract and procurement Office prior to the deadline. Proposers mailing their documents should allow ample mail delivery time to ensure timely receipt of their proposals. PROPOSALS RECEIVED

AFTER THE DATE AND TIME STATED IN THE SCHEDULE OF ACTIVITIES WILL NOT

BE CONSIDERED.

Proposals must be clearly identified as a proposal in response this request for proposals, identified by the

RFP number, and must show such information on the OUTSIDE of the proposal packet(s). Proposals will not be accepted by telegraphic/facsimile transmittal. All materials submitted shall become the property of

DNR and will not be returned unless the RFP solicitation is cancelled prior to the submittal due date, in which case such proposals will be returned unopened, or opened only for identification purposes.

Proposers are advised of DNR’s desire that proposals prepared in response to this RFP be submitted on recycled paper, and that all copies be printed on both sides of paper. While the appearance of proposals is important, and professionalism in proposal presentation should not be neglected, the use of non-recyclable or non-recycled glossy materials is discouraged. In addition, it is requested that proposals be in flat bound form to facilitate filing.

6.2 Amendments to RFP

In the event it should be necessary to revise any portion of this RFP, addenda such as response to written inquiries received by the stated deadline, will be published on the State VSS System at the Internet site, https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService. Proposer MUST acknowledge any/all amendments to this RFP on the submittal form of the RFP with signature by a person authorized to bind the proposer. It is the proposer’s sole responsibility to monitor and access the State VSS System for any amendments and to acknowledge and/or comply with all such published addenda as specifically instructed. Failure to acknowledge all amendments as instructed in each/all such addenda may cause rejection of the entire proposal as non-responsive.

6.3 Proposer/Vendor Registration

Registration on Colorado VSS is encouraged and it is recommended that this information is current and activated at the time and date of the Submission Deadline, specific to this RFP, as noted in Section 1.7 above. Proposer registration status is based on the Proposers’ Federal Employer Tax ID Number (FEIN), as provided by the Proposer.

6.4 Parent Company

If a proposer is owned or controlled by a parent company, the name, main office address and parent company’s tax identification number (FEIN) must be provided to the Purchasing Agent listed on this

RFP. Regardless of whether or not a Proposer is owned or controlled by a parent company, the responding Proposer’s FEIN shall be the number used to determine registration status.

https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService

6.5 Response Material Ownership

All material submitted regarding this RFP becomes the property of the State of Colorado. The State of

Colorado has the right to retain the original proposal and other RFP response materials for its files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. The

State of Colorado has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in the clause, Proprietary/Confidential Information. Proposer expressly agrees that the State may use the materials for all lawful State purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Public Records Act. Proposals may be reviewed by any person after the award has been published on the Colorado VSS System, an award letter has been issued, and announcement made on the State of Colorado VSS system, subject to the terms of Section 24-72-201

et. seq., CRS, as amended, Public (Open) Records.

6.6 Proprietary Information

All material submitted in response to this RFP will become public record and will become subject to inspection following final proposer selection. Any material requested for treatment as proprietary or confidential must be clearly identified and easily separable from the rest of the proposal. Such requests must include justification for each request. It is not acceptable to label the entirety of the proposal or pricing information as proprietary or confidential.

6.7 Request for Confidential/Proprietary Classification

The State neither requests nor encourages the submission of confidential/proprietary information in response to this RFP. Information submitted will be open for public inspection upon completion of the

RFP process and award of contract. Should a proposer want the State to treat certain information as confidential/proprietary, the proposer shall submit a written request, as part of its RFP package, to the

DNR Purchasing Director, provided that the submission is in STRICT accordance with the procedures listed below. Adherence to these procedures remains the SOLE RESPONSIBILITY of the proposer. The written request for confidentiality/proprietary classification will be reviewed and either approved or denied by the DNR Purchasing Director. If denied, the proposer will have the opportunity to withdraw its entire proposal, or to remove the proprietary restrictions.

NEITHER COST NOR PRICING INFORMATION NOR A TOTAL PROPOSAL WILL BE

CONSIDERED PROPRIETARY.

PROCEDURES FOR SUBMISSION OF CONFIDENTIAL/PROPRIETARY INFORMATION

A. Written request for confidentiality/proprietary classification shall be submitted, by the offeror, with the proposal documents.

B. The written request will be enclosed in an envelope marked “REQUEST FOR

CONFIDENTIALITY/PROPRIETARY CLASSIFICATION,” and attached to the cover of the

ORIGINAL copy of the offeror’s proposal that contains the DNR invitation for proposal page with the offeror’s ORIGINAL autographic signature.

C. The written request must state SPECIFICALLY, AND IDENTIFY BY PAGE NUMBER, what elements of the proposal are to remain confidential. The request must also IDENTIFY THE

BASIS for the claim of confidentiality/proprietary classification, OTHER than a recitation of a

SPECIFIC State or Federal statute.

D. Confidential/propriety information MUST be readily IDENTIFIED, MARKED and

SEPARATED/PACKAGED from the rest of the proposal. Co-mingling of confidential/propriety information and other information is NOT acceptable.

E. The DNR Contract and Procurement Manager will make a written determination as to the apparent validity of any request for confidentiality/proprietary classification. This written determination will be sent to the offeror.

F. Proposals not following this procedure may be declared non-responsive by the DNR Purchasing

Director and given no further consideration.

6.8 Rejection of Proposals

Pursuant to Procurement Rule 24-103-301 C.R.S., the State of Colorado reserves the right to reject any or all proposals received in response to this RFP, or to cancel this RFP if it is in the best interest of the State to do so. Failure to furnish all information, or to follow the proposal format set forth in this RFP, may act to disqualify the proposal. It is the sole responsibility of the proposer to ensure ALL required signature forms and the requisite number of document copies are included in its submittal package.

In the event DNR elects to NOT award any proposer, or the RFP solicitation is cancelled, all received proposals must be retained as confidential and will not be subject to public inspection. The purpose for this condition is to prevent any future potential offerors an opportunity to review other offerors’ proposals and thereby gain any unfair advantage in submitting future proposals.

Any cancellations occurring before the submittal due date will result in received proposals being returned unopened to the appropriate proposer accompanied by a notice of cancellation letter.

6.9 Incurring Costs

The State of Colorado is not liable for any cost incurred by proposers prior to issuance of a legally executed contract or procurement document. No property interest of any nature shall occur until a contract is awarded and signed by all concerned parties. No reimbursement of travel and other preparatory costs will be considered for those proposers recommended for interview, demonstrations or other subsequent travel prior to award.

6.10 Vendor Past Performance

Each offeror’s past performance will be reviewed as part of the State’s overall evaluation of best value.

This evaluation will take into account past performance information submitted as a part of each offeror’s proposal, including but not limited to, information regarding predecessor companies, key personnel who have relevant experience, and subcontractors performing major or critical aspects of the service(s) if such information is relevant. Offerors without a record of relevant past performance or for whom information on past performance is not available will receive a neutral past performance rating. The State will consider past or current State contracts for efforts similar to the State requirements for this contract. The

State will consider information provided regarding problems encountered on the identified contracts and any associated corrective actions.

6.11 Evaluation Criteria

An evaluation will be made by an appointed, impartial evaluation committee tasked with determining the merit of proposals received in accordance with the evaluation criteria defined herein. The recommendations of this group will be forwarded to the DNR Purchasing Director for approval.

➢ Failure of the proposer to provide in its proposal any information requested in this RFP may result in disqualification of the proposal and shall be the sole responsibility of the proposing firm.

➢ During the evaluation process, discussions may be conducted with responding proposer(s) determined reasonably likely of being selected for award. It will be at the sole recommendation of the evaluation committee as to whether discussions for clarification are needed and thereby requested.

➢ The sole objective of the evaluation committee will be to recommend the proposer whose proposal is determined most responsive to the State’s needs and most advantageous to the State of

Colorado taking into consideration the price and all evaluation factors set forth herein and as defined in Section 24-103-203(7) CRS.

➢ Specific evaluation criteria are outlined in Section 5 of this RFP, entitled Scoring and Evaluation

Criteria.

6.12 Proposal Content/Acceptance of RFP Terms

A submission in response to the RFP acknowledges acceptance by the proposer of all unaltered terms and conditions, as set forth herein. Any proposed exception taken to the State’s Terms and Conditions must be clearly and thoroughly identified and supported and acceptable alternatives must be proposed. Failure to do so shall be deemed a waiver of any rights to subsequently raise exception and/or request modification, except as outlined or specified in this RFP. Submission of exceptions does not guarantee their acceptance, however, and such submittal will be taken into consideration during proposal review and scoring by the evaluation team.

6.13 Conflict of Interest

By submission of a response proposal, the proposer agrees that, at the time of contracting, the proposer has no interest, direct or indirect, that would conflict in any manner or degree with the performance of the required services. The proposer shall further covenant that, in the performance of the contract, they shall not employ any person having any such known interest.

6.14 Proposal Prices

Estimated proposal prices are not permitted unless specifically requested. Proposers are urged to submit prices reflective of as accurate and reasonable predictions of costs as possible. Proposers are alerted that although DNR reserves the right to request a Best and Final Offer, any revisions, including costs, will be closely evaluated by the evaluation committee, towards insuring the elimination of any perceived inequities and unacceptable conditions.

6.15 Selection of Proposal

Upon review and approval of the evaluation committee’s recommendation for award, the DNR

Purchasing Office will post the award notice on the Colorado VSS System. Such posting, by itself, does not grant any property interest or right of any nature in the RFP work/services or to contract for the performance of such work/services. Contract terms that are consistent with the RFP and that are acceptable to the State must first be discussed, followed by contract completion and signature by all parties and the State Controller. Only upon final signature by the State Controller (or Controller

Delegate) does the successful proposer have any interest or rights in the RFP work/services.

Therefore, the apparent successful proposer whose award is posted on the Colorado VSS System shall not rely on that letter to make commitments to third parties, and the apparent successful proposer shall not take any actions(s) to prepare for, or start the performance of, the RFP work/services until a contract is fully executed. Further, every effort will be made to have a completed and fully signed agreement on or before the date indicated in the Schedule of Activities unless extended by DNR during the RFP process. If through no fault of the State the parties are unable to agree on contract terms, DNR may elect to cancel the award and make the award to the next most successful/highest ranked proposer.

6.16 Intent to Award

After proposer selection, the notice of intent to award will be posted on the Colorado VSS System.

Following posting of the intent and once a subsequent award has been issued, all interested parties may review the RFP files, including response proposals, by making an appointment with:

Department of Natural Resources, Purchasing Office

Attn: Kaylee Salazar

1313 Sherman Street, Room 119

Denver, CO 80203

Phone: (303) 866-3203 Ext.1269

6.17 Award of Contract

Final award will be made to the proposer (or proposers) whose proposal best meets the evaluation criteria set forth in this RFP and is determined by the evaluation committee to be the most responsive to the

State’s needs and most advantageous to the State of Colorado, taking into consideration the price and other factors set forth herein, subject to discussion and execution of an acceptable contract as described above. It is DNR’s intent to make a selection within 60 to 80 days of proposal submission deadline;

however, as the evaluation process is dependent upon the length and number of the proposals received, and evaluation committee members’ schedules, the schedule of activities post the proposal submission deadline (i.e., interviews, demonstrations) is strictly estimated, requiring all Price proposals remain firm and valid for award for at least 180 days following proposal submittal deadline. The Department of

Natural Resources/ Colorado Parks and Wildlife may make multiple award offers off of this solicitation.

6.18 Protested Solicitations and Awards

Any actual or prospective proposer who is aggrieved in connection with the solicitation or award of a contract may protest to the DNR Contract and Procurement Director. The protest shall be submitted in writing within ten (10) business days after notification of intent to award as defined as when such aggrieved person knows, or should have known, of the facts giving rise thereto. Reference Section 24-

109-102(1) CRS, as amended. Protests received after ten (10) business days shall not be considered. The written protest shall include, as a minimum, the following:

A. The name and address of the protestor;

B. Appropriate identification of the procurement by bid, RFP, or award number;

C. A statement of the reasons for the protest; and

D. Any available exhibits, evidence, or documents substantiating the protest.

6.19 News Releases

Proposers shall not issue any news releases pertaining to this RFP prior to execution of a purchase order contract. At any time after execution, only news release approved by the DNR Program Manager shall be made.

6.20 Certification of Independent Price Determination

A. By submission of its proposal, the proposer certifies and, in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

1) 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 proposer or with any other competitor;

2) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to award either directly or indirectly, to any other proposer or to any other competitor; and

3) No attempt has been 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.

B. Each person signing the submittal form of this RFP – certifies that:

1) He/she is the person within the proposer’s organization responsible for that organization’s decision as to the prices being offered in the proposal and that he/she has not participated, and will not participate, in any action contrary to A (1) through (3) above; OR

2) He/she is not the person within the proposer’s organization responsible for the decision as to the prices being offered in the proposal but that he/she has been authorized in writing to act as agent for the persons responsible for such decision, by certifying that such persons have not participated, and will not participate, in any action contrary to A (1) through (3) above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to A (1) through (3) above.

C. A proposal will not be considered for award where A (1) and (3) and B above have been deleted or modified. Where A (2) 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 DNR Contract and Procurement Manager, or designee, determines that such disclosure was not made for the purpose of restricting competition.

6.21 Taxes

The State of Colorado, as purchaser, is exempt from all Federal taxes under Chapter 32 of the Internal

Revenue Code (Registration No. 84-730123K) and from all State and Local Government Use Taxes (Ref.

Colorado Revised Statutes Chapter 39-26.114[a]). Seller/proposer is hereby notified that when materials are purchased in certain political subdivisions, the seller/proposer may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

6.22 Contract Products - Ownership Rights

All products produced in response to the contract or agreement resulting from this RFP will be the sole property of the State of Colorado. Any exceptions must be outlined in detail. Exceptions may serve as cause for rejection of proposal. Such products shall include original materials, including any reports, studies, data, designs, drawings, maps, meeting minutes, specifications, data spreadsheets, notes, documents, electronically or magnetically recorded material and related intellectual property developed or created by the successful proposer pursuant to the services sought by this RFP, and subsequently provided and integrated by contract between DNR and the successful proposer, shall become the sole property of the State. The purchase of licenses for use of a proposer’s software shall not be interpreted to mean purchase of the actual application or software. Ownership of the specific application and software selected under this RFP shall remain with the selected proposer. The successful proposer will not be allowed use of any materials furnished by, or produced for, DNR for any purpose other than towards the completion of the works described herein, without permission from DNR.

6.23 Assignment and Delegation

Except for assignment of antitrust claims, neither party to any resulting contract stemming from this RFP may assign or delegate any portion of such contract without the prior written consent of the other party.

6.24 Choice of Law

The laws of the State of Colorado shall govern in connection with the formation, performance, and the legal enforcement of any resulting contract. Further, Title 24, CRS as amended, Article 101 through 112, and Rules adopted to implement the statutes, govern this procurement.

6.25 Legislative Changes

The State of Colorado reserves the right to amend the contract in response to legislative changes, which affect this project.

6.26 Audit

The States reserves the right to require that the successful proposer has a process audit conducted of its program at least once every three (3) years. If the successful proposer has not had such an audit prior to awarding of this contract, and the State requires one, then an audit must begin within six (6) months of the award of this contract. The State reserves the right to approve the selected firm. A complete copy of the audit must be provided to the Department of Personnel and Administration within five (5) working days of its completion. The Department of Personnel and Administration will negotiate directly with the contractor regarding any exceptions or findings from the audit.

6.27 Disadvantaged Business Opportunities

The State encourages its agencies to utilize minority-owned and women-owned businesses to the greatest extent possible without sacrificing adequate competition. Proposers are reminded of the illegality of discrimination, and the provisions of Procurement Code Section 24-111-102. While there is not a specific requirement for DBE participation for this solicitation, the State does encourage the submission of responses that include minority-owned and/or women-owned businesses.

COLORADO DEPARTMENT OF NATURAL RESOURCES

REQUEST FOR PROPOSAL SUBMITTAL FORM

Resource Stewardship Program- Wildlife Survey Work

For the Division of Colorado Parks and Wildlife

RFP# PMAA 2018*00010

Return all proposals to:

Colo Dept of Natural Resources Purchasing Agent:

Purchasing Office Kaylee Salazar

1313 Sherman Street, #423 (303) 866-3203 X1269

Denver, CO 80203 Fax: (303) 866-5575

Survey Type Rate (per hour) Surveys Rate (per hour) Travel Total Rate (Surveys/Travel)

Avian Survey

Work

Herptile Survey

Work

Invertebrate Survey

Work

Small Mammal

Survey Work

Rare and Imperiled

Species Survey

Work

Vendor Name:

Vendor Address:

City, State, Zip:

Vendor Phone:

Signature:

Name (Print):

Title:

Date:

VSS Registration Number (if known):

EMAIL:

Contact and contact numbers/email (if different than above):

Acknowledge Amendments:

RETURN THIS SHEET WITH YOUR PROPOSAL

File details come from the government source that posted it. Updated .