RFP PMAA 20270007 - CPW On-Call Water Resources Engineering.pdf

Request for Proposals

RFP PMAA 2027*0007

CPW On-Call Water Resources Engineering

1.0 Overview

1.1 Issuing Office

This Request for Proposals (RFP) is issued by the State of Colorado, Department of

Natural Resources (Department or DNR), on behalf of Colorado Parks and Wildlife

(CPW). All contact regarding this solicitation is to be directed to the Agency Buyer:

Colorado Department of Natural Resources, Purchasing Office

Klay Tolleson

Email: klay.tolleson@state.co.us

Important: Because phone lines may not be consistently monitored, email is the preferred method of communication. The individual listed above is the sole point of contact for this solicitation. Initiating contact with anyone other than this individual may result in Offeror disqualification.

1.2 Additional Attachments/Links

● Submission Form, pages 21-22

● Exhibit A, Scope of Work

● Colorado Model Main Task Order Contract

1.3 Purpose

The purpose of this RFP is to obtain competitive proposals from qualified water resource firms to provide professional services on an as-needed basis in support of

CPW’s Water Resources Team to evaluate, manage, and defend water assets for state parks, wildlife areas, recreation areas, and hatcheries. CPW anticipates awarding multiple Offerors to achieve statewide coverage (All CPW Regions and Properties) depending on unique expertise in various geographic areas or specialties or conflicts of interest.

mailto:klay.tolleson@state.co.us https://drive.google.com/drive/folders/1JoACTljLAXMxbIg9Y4EU2GmMufURQ-1f?usp=drive_link https://drive.google.com/drive/folders/1Mabtku4DB-zV2oIpQYDAkRxRidNq_DcH?usp=sharing

The Department does not guarantee a minimum amount of work to be assigned pursuant to the contract. The Department reserves the right to add additional goods/services that would be seen as a natural extension of this procurement over the term of this award, and retains the ability to make purchases outside of this solicitation as may be allowed by the Colorado Procurement Code.

1.4 Schedule of Activities

1. RFP Posted to Colorado Vendor Self Service (VSS)

a. Oct 30, 2026

2. Questions Due

a. Nov 13, 2026 5:00 PM MST

3. Answers Posted to Colorado VSS

a. Nov 19, 2026

4. Proposal Submission Deadline

a. Dec 4, 2026 12:00 PM MST

5. Public Proposal Opening

a. Dec 4, 2026 2:00 PM MST

6. Estimated Proposal Evaluation Period (Subject to Change)

a. Dec 7, 2026-Dec 18, 2026

7. Expected Date for Top Candidate Interviews (Subject to Change)

a. Jan 4, 2027-Jan 6, 2027

8. Expected Notice of Award Decision Date (Subject to Change)

a. Jan 11, 2027

9. Expected Project Start Date

a. Feb 15, 2027

1.5 Public Proposal Opening

A virtual proposal opening will take place at the date and time noted in Section 1.4

Schedule of Activities, Public Proposal Opening. Please join the meeting by using the

Google Meet link or by following the phone instructions below:

Join by Video: meet.google.com/hod-rrbq-zrw

OR

Join by Phone: (US) +1 413-327-0510 PIN: 024 368 511 # http://meet.google.com/hod-rrbq-zrw

1.6 Written Inquiries

Prospective Offerors 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, “Questions Due.” Questions must be submitted in writing via email as an attachment or through the solicitation posting in VSS. When submitted by email, please use the solicitation number, RFP PMAA 2027*0007 in the subject line of your email and include your name, company name, address and contact information in the attachment. Questions sent via email must be sent to the Agency

Buyer noted in Section 1.1.

An amendment will be posted on the Colorado Vendor Self-Service System in response to all questions submitted regarding the RFP.

1.7 Publication and Communication

This solicitation is on Colorado Vendor Self Service (“VSS”). Offerors are not required, but are encouraged to register on VSS in order to download RFP documents and information. An offeror can register for no cost or update an existing account on the

VSS site. Registration provides benefits of amendment and new solicitation notifications. Offerors registered with VSS that submit a proposal through VSS must verify that their VSS vendor account is active. Offerors with inactive or discontinued accounts must take steps to reactivate their account; an active VSS account is required for any offeror receiving an award at the end of the solicitation. Please use the following links for assistance in account registration and maintenance, including reactivating an existing account:

● VSS Vendor Registration

● VSS Account Maintenance

Offerors should monitor the amendment history in VSS for any updates or modifications.

In the event it should be necessary to revise any portion of this RFP, an amendment will be posted on the Colorado Vendor Self-Service System website. It is very important that offerors check VSS on a regular basis, as this is the sole method for communicating any modifications. Modifications included in amendments published on VSS take precedence over information in the RFP.

The VSS Help Desk is available Monday through Friday 8:00 a.m. to 5:00 p.m. MT and can be reached by emailing VSSHelp@state.co.us.

https://prd.co.cgiadvantage.com/PRDVSS1X1/Advantage4 https://vss.state.co.us/vendor-topics/registration https://vss.state.co.us/vendor-topics/account-maintenance mailto:VSSHelp@state.co.us

2.0 Submittal

2.1 Submission

In order to be considered responsive, proposals must be received before the Proposal

Submission Deadline outlined in section 1.4 Schedule of Activities and include all submittal items outlined in this section 2.0.

Important: Late proposals will not be considered unless they are deemed acceptable per Procurement Rule R-24-103-201-10 as determined by the Procurement Official or their delegate.

Page Limit: Proposals shall be no longer than 15 pages in length. The page limit will not include a cover page, cover letter, resumes or the required submission form.

Vendor Assistance: Any vendors needing support responding to solicitations may contact the Colorado Supplier Diversity Navigator in the Statewide Equity Office's

Supplier Diversity program. Services provided include assistance with responding to solicitations, interpretation of solicitation documents, technical assistance referrals, availability of resources, construction assistance, and free business directory listings and verifications through the Colorado Supplier Diversity Directory. The office can be reached during normal business hours by calling 303-866-5765 or emailing

DPA_SupplierDiversityHelp@state.co.us.

Where to Submit: The Department of Natural Resources Requests that proposals be submitted by using the Vendor Self Service (VSS) System or Google Forms.

Hardcopy and email proposals will not be accepted.

● VSS

Proposers submitting using Vendor Self Service must attach their proposal within VSS. Please be aware that the maximum individual attachment size for

VSS documents has been increased to 20MB. Proposals exceeding this limit must be separated into parts in order to accommodate lengthy responses or attachments.

● Google Forms

Offerors may submit proposals Google Forms by going to this link and following the instructions:

https://forms.gle/BQKZYT2BbDuQvZ9A8 mailto:DPA_SupplierDiversityHelp@state.co.us https://prd.co.cgiadvantage.com/PRDVSS1X1/Advantage4 https://docs.google.com/forms/d/e/1FAIpQLSc2MP-jjq6RQcpkyhwxxwX1TgIs_a0EMH0NEhcp47Yt7PTtLw/viewform?usp=sf_link https://forms.gle/BQKZYT2BbDuQvZ9A8

Please note that proposers using this submission method will be limited to one

(1) upload with a Maximum Upload size of 1 GB. An exception to this may be made only when a Request for Confidentiality is submitted; if a Request for

Confidentiality is submitted, two (2) uploads shall be permitted. Proposers using this method for submission will be required to sign in using a Google account in order to attach documents. Please use the below link to create a Google account if needed: https://www.google.com/account/about/

2.2 Submission Form (pages 21-22)

This form must be completed and submitted alongside your supporting documents to be considered a responsive proposal.

2.3 Conflicts of Interest

Provide any specific conflicts of interest that your firm would have providing these services to CPW including the water division(s) where the conflict exists, if applicable.

Specific names of clients do not need to be provided.

2.4 Task Order Project Types

Indicate in the proposal which of the “Task Order Project Types” from Exhibit A, Scope of Work that can be provided:

1. Water Court Technical Support

2. Water Rights Technical Inventory & Asset Management

3. Water Resource Investigations

4. Operational Stewardship and Accounting

5. Project Management & Coordination

List which “Key Personnel” provided in section 2.5 will contribute to each of the indicated “Task Order Project Types.”

2.5 Firm Personnel

List all of the billable personnel that will contribute to providing these services to CPW.

Indicate who among the firm personnel are the “Key Personnel” and provide a CV or resume for each key personnel. Key Personnel may include the Principal Engineer, Technical Leads, Project Managers, Water Court Experts, etc.

2.6 Firm Resume

Provide a “Firm/Company Resume” that outlines a firm/company overview, the firm’s overall areas of expertise and examples of similarly completed projects.

https://www.google.com/account/about/

The provided areas of expertise should indicate where the firm specializes geographically and in the services the offeror can provide indicated in section 2.4.

The firm resume should include no more than eight (8) related project examples related to the “Task Order Project Types” from Exhibit A, Scope of Work (listed in section 2.4).

For each project example, indicate which “Task Order Project Type” applies to the example. Multiple Task Order Project Types can apply to a single project example and not every Task Order Project Type needs to be represented in the project examples.

Project examples should include details such as when the project was completed, which key personnel included in section 2.5 contributed to the project, the total cost of the project, and an overall summary of what was accomplished.

2.7 Price

Provide a rate sheet with the hourly rates for ALL firm personnel provided in section 2.5.

See section 4.4 for Annual Rate Adjustment procedures.

3.0 Evaluation and Award

3.1 Evaluation Process and Award

The State will evaluate proposals to determine if each Offeror meets all mandatory qualification requirements; provided, however, that the State has the authority to waive non-material mandatory requirements in certain circumstances. Reference Procurement

Rule R-24-103-301-03. The mandatory qualification requirements are scored on a

Met/Not Met basis and only those proposals found to meet all mandatory requirements, other than non-material mandatory requirements waived by the State, can be considered for a Contract resulting from this solicitation.

A comprehensive, thorough, complete and impartial evaluation of each proposal received will be conducted in accordance with §24-103-203(7), C.R.S, which states, “The award shall be made to the responsible Offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration the price and evaluation factors set forth in the request for proposal.”

An Evaluation Committee will be established utilizing measures to ensure the integrity of the evaluation process. These measures include the following:

● Selecting committee members who do not have a conflict of interest regarding this solicitation.

● Facilitating the independent review of proposals.

● Requiring the evaluation of the proposals to be based strictly on the content of the proposals.

● Ensuring the fair and impartial treatment of all Offerors.

Proposals will be evaluated by the Evaluation Committee using the evaluation criteria listed below (sections 3.2-3.7). The evaluators will consider whether the submittal requirements in section 2.0 the solicitation have been addressed and they will review the capabilities of the Offeror as it relates to the Scope of Work aspect or any other aspect determined relevant to the evaluation criteria.

The Evaluation Committee may, if it deems necessary, request clarifications, conduct discussions or oral presentations, or request best and final offers. Per R-24-103-203-03, discussions may be held with responsible offerors whose proposals are determined to be reasonably susceptible to be selected for award to:

● Promote understanding of the state’s requirements and the offerors’ proposals;

and

● Facilitate a contract that will be most advantageous to the state taking into consideration price and the other evaluation factors set forth in the RFP.

The Evaluation Committee may adjust its scoring based on the results of such activities.

However, proposals may be reviewed and determinations made without such activities.

Offerors should be aware that the opportunity for further explanation might not exist;

therefore, Offerors should ensure that their submission is complete, and are encouraged to submit their best possible proposal, including pricing.

The proposal that results in the best 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.

3.2 Submission Form

Company information will not be evaluated, but is required to be considered a responsive proposal. Any submittals regarding bidder preferences outlined in section

2.2 will be evaluated and applied as appropriate.

3.3 Conflicts of Interest

Conflicts of Interest is required to be considered a responsive proposal. The firms will be compared in the areas where the firms indicate no conflict of interest is present.

3.4 Task Order Project Types

Indicating the Task Order Project Types from Exhibit A, Scope of Work the firm can provide is required in order to be considered a responsive proposal. Firms will be evaluated for each indicated “Task Order Project Type” according to the criteria in sections 3.5 & 3.6.

3.5 Firm Personnel

Firm Personnel will be evaluated on whether sufficient personnel will be allocated to complete the specific services or technical specialties for which the Offeror is submitting a proposal, as outlined in Exhibit A, Scope of Work. Key Personnel will be evaluated based on the breadth, depth and similarity of experience and qualifications demonstrated for each key personnel member as it relates to Exhibit A.

3.6 Firm Resume

The Firm Resume will be evaluated to determine whether the firm has sufficient qualifications and experience in their demonstrated background, as well as if the described areas of expertise are included in the project examples. The project examples will be evaluated based on the breadth, depth and similarity of project experience and whether one or more of the applicable “Task Order Project Types” are accounted for in the example. Additionally, project examples will be evaluated based on how much the current Key Personnel provided in section 2.5 contributed to the project examples.

3.7 Price

The best value to the State will be evaluated.

4.0 Contract Information

4.1 Colorado Contract

The successful Offeror(s), hereafter called Contractor, will be required to enter into a formal Main Task Order Contract (MTOC) with the State; please refer to Section 4

“STATEMENT OF WORK AND TASK ORDERS” in the attached Model Main Task

Order Contract for more details.

Single Contract: DNR will enter into a single contract with each of the awarded Prime

Respondents. Any partnerships between firms specializing must be managed in a Prime

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

The Prime Contractors shall not enter into any subcontract in connection with its obligations under the contract without the prior, written approval of the State. The contractors shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by contractors in connection with this Contract shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Contract.

4.2 Performance Time

Work shall not begin until all CPW contracting agreements have been signed and executed. The maximum length of the main agreement will be 5 years from the effective date of the main agreement.

4.3 Measurement and Payment

Measurement and payment for the task orders will be based on specific tasks and items outlined in the formal contract. For each task order, payment shall be made monthly based on the amount of billable hours, as invoiced and approved by the Project

Manager. Each task order issued will include a limit of the number of hours that can be billed based on the amount of work requested.

4.4 Annual Rate Adjustments

Prices established in the award shall remain firm through December, 2027. Beginning with January 1, 2028 and each succeeding January 1 for the term of the award document, rate adjustments may be made and will be based on the lesser of the rate increase established by the firm for all of its rates for its standard business OR an average of the prior 12 months of Consumer Price Index (CPI) rates for All Urban

Consumers (Chained) that are published prior to the November 1 that the rate increase is due to take effect. Only one such increase will be allowed in any 12-month period of this Contract. In no event shall the rates set for consecutive fiscal years be less than the prior fiscal year’s prices.

The Bureau of Labor Statistics generates CPI. If the All Urban Consumers (Chained

CPI) database is discontinued, the State may use an equivalent database at its discretion. To ensure fairness at the time of adjustment, the average percentage will be calculated from the most recent 12-month period for which data is available at a time reasonably in advance of the renewal date. CPI rate adjustments can be found at the following web address:

http://data.bls.gov – (Select:All Urban Consumers (chained CPI)/All Urban Consumers/

All items/not seasonally adjusted – click the more formatting options and choose 12-month percent change)

When calculating these rate adjustments, rounding shall be handled as follows: any price increase shall be rounded up to nearest whole dollar if the first decimal place number is 5 or greater; if the first decimal place number is 4 or less the price rate will be rounded down.

4.5 Insurance Requirements

Reference section 10 of the document titled “Colorado Model Main Task Order

Contract” linked in section 1.2.

4.6 Performance Outside the State of Colorado

Following the Effective Date, Contractor shall provide written notice to the State, within

20 days following 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. Such notice shall specify the type of Services to be performed outside the

State of Colorado and the reason why it is necessary or advantageous to perform such

Services at such location or locations. All notices received by the State pursuant to this requirement shall be posted on the Colorado Department of Personnel &

Administration’s website. Knowing failure by the Contractor to provide notice to the

State shall constitute a material breach of the Contract.

No work shall be completed outside of the United States for this contract.

5.0 Administrative Information

http://data.bls.gov/

5.1 Proposal Submission

All proposals must be received by the Department of Natural Resources (DNR), 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 2.0 – Submittal of this RFP.

It is the sole responsibility of the Offeror to ensure that its complete proposal package is submitted to and received by the DNR Procurement Office prior to the deadline.

All proposal materials submitted shall become the property of DNR and will not be returned unless the RFP solicitation is canceled prior to the submittal due date, in which case such proposals will be returned unopened, or opened only for identification purposes.

5.2 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, at: Colorado.gov/vss.

Please acknowledge any/all amendments to this RFP on the Submission Form of the

RFP with signature by a person authorized to bind the Offeror. It is the Offeror’s sole responsibility to monitor and access the State VSS System for any amendments and to acknowledge and/or comply with all such published amendments as specifically instructed. Failure to acknowledge all amendments as instructed in each/all such amendments may cause rejection of the entire proposal as non-responsive.

5.3 Offeror/Vendor Registration

Offeror registration (Colorado VSS) is encouraged before the time and date of the

Submission Deadline, specific to this RFP, and as noted on the Colorado VSS webpage.

5.4 Parent Company

If an Offeror is owned or controlled by a parent company, the name, main office address must be provided in the proposal document.

5.5 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 section, “Proprietary/Confidential Information”, below. Offeror 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 Colorado Open Records Act. Proposals may be reviewed by any person after the award has been published on the Colorado VSS System and/or an award letter has been issued, subject to the terms of Section 24-72-201 et. seq., CRS, as amended, Public (Open) Records.

5.6 Request for Confidential/Proprietary Classification

The State neither requests nor encourages the submission of confidential or 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 an

Offeror want the State to treat certain information as confidential or proprietary, the

Offeror shall submit a written request, as part of its RFP package, to the Agency Buyer noted in Section 1.1 with their proposal documents, provided that the submission is in strict accordance with the procedures listed below. Adherence to these procedures remains the sole responsibility of the Offeror. The written request for confidentiality or proprietary classification will be reviewed and either approved or denied by the DNR

Purchasing Director or their delegate. If denied, the Offeror 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.

5.6.1 Important: Procedures for Submission of Confidential or Proprietary

Information

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

B. One proposal without redacted confidential information must be provided as well as a second proposal with the confidential information redacted so the proposal may be distributed publicly as required by the Colorado Open

Records Act.

C. The written request will be enclosed in a separate document marked

“Request For Confidentiality/Proprietary Classification.”

D. The written request must state specifically, and identify by page and/or section number, what elements of the proposal are to remain confidential.

The request must also identify the basis for the claim of confidentiality and/or proprietary classification, other than a recitation of a specific State or Federal statute.

E. The DNR Purchasing Director or their delegate will make a written determination as to the apparent validity of any request for confidentiality and/or 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 or their delegate and given no further consideration.

Any additional Offeror information, which may be part of the evaluation/negotiation process and for which an Offeror claims confidentiality, is subject to the same requirements and processes identified above.

5.7 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 Offeror to ensure that the proposal is signed and all required information is included.

In the event DNR elects to not award any Offeror, or the RFP solicitation is canceled, 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.

5.8 Incurring Costs

The State of Colorado is not liable for any cost incurred by Offerors 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

Offerors recommended for interview, demonstrations or other subsequent travel prior to award.

5.9 Offeror Past Performance

Each offeror’s past performance may 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. The State may consider past or current State contracts for efforts similar to the State requirements for this contract.

5.10 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.

Failure of the Offeror 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

Offeror.

During the evaluation process, discussions may be conducted with responding

Offeror(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 requested.

The sole objective of the evaluation committee will be to recommend the Offeror whose proposal is determined responsive and most advantageous to the State’s needs and most advantageous to the State of Colorado taking into consideration the price and all evaluation factors set forth I the RFP and as defined in Section 24-103-203(7) C.R.S.

Specific evaluation criteria are outlined in Section 3.0 of this RFP, entitled Evaluation and Award.

5.11 Evaluation Preference Considerations

5.11.1 Resident Bidder Preference (see §24-103-906 C.R.S., et seq.)

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.

A resident bidder is authorized to transact business in the State of Colorado, maintains a place of business in Colorado and pays unemployment compensation taxes.

5.11.2 Service Disabled Veteran Owned Small Businesses (“SDVOSBs” see §24-

103-905, C.R.S., et seq.)

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. Small Business

Administration (https://veterans.certify.sba.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 Center for Veteran

Enterprise within the U.S. Small Business Administration in their response to the solicitation. Bid submissions without this documentation will not be given a preference.

5.11 Proposal Content/Acceptance of RFP Terms

A submission in response to the RFP acknowledges acceptance by the Offeror of all unaltered terms and conditions, as set forth herein. Any proposed exception taken to the State’s Terms and Conditions or Model Contract must be clearly and thoroughly identified and supported and acceptable alternatives must be proposed. In order to achieve this, Offerors shall submit any requested changes to the state’s contract template in redline format with their proposal. Please note that the section of the

Contract identified as the Colorado Special Provisions are considered non-negotiable.

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, and such submittals will be taken into consideration during proposal review and scoring by the evaluation team.

5.12 Conflict of Interest

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

5.13 Proposal Prices

Estimated proposal prices are not permitted unless specifically requested. Offerors are urged to submit prices reflective of as accurate and reasonable predictions of costs as possible. Offerors 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 https://veterans.certify.sba.gov/ evaluation committee, towards ensuring the elimination of any perceived inequities and unacceptable conditions.

Please note that all pricing submitted as part of the offeror’s proposal must include markups for services that are anticipated to be completed by subcontractors. Addition of markups post-award will not be permitted.

5.14 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 does the successful Offeror have any interest or rights in the RFP work/services. Therefore, the apparent successful Offeror 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 Offeror 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 Offeror .

5.15 Intent to Award

After Offeror selection, award will be posted on the Colorado VSS System. Following posting of the award, all interested parties may review the RFP files, including response proposals, by making an appointment with the Agency Buyer listed in section 1.1 of the

RFP.

5.16 Award of Contract

Final award will be made to the Offeror 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.

Evaluation will take into consideration the price and other factors set forth in the RFP.

Award is subject to execution of an acceptable contract. 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.

5.17 Protested Solicitations And Awards

An aggrieved party may file a protest concerning a material issue(s), at any phase of solicitation, including but not limited to, specifications, award or a disclosure of information marked confidential in the bid. The protest shall be submitted via email to the DNR Procurement Official as noted below within ten (10) business days after such aggrieved person knows, or should have known, of the facts giving rise thereto.

Reference §24-109-102, C.R.S., as amended, and Procurement Rule R-24-109-102-01, et seq.

DNR Procurement Official Ion Cotsapas - ion.cotsapas@state.co.us

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 any available exhibits, evidence, or documents substantiating the protest.

5.18 News Releases

Offerors shall not issue any news releases pertaining to this RFP prior to execution of a contract. At any time after execution, only news releases approved by the CPW

Program Manager shall be made.

5.19 Certification of Independent Price Determination

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

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

b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to award either directly or indirectly, to any other Offeror or to any other competitor; and mailto:ion.cotsapas@state.co.us

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

B. Each person signing the Cover Page of this RFP – certifies that:

a. They are the person within the Offeror’s organization responsible for that organization’s decision as to the prices being offered in the proposal and that they have not participated, and will not participate, in any action contrary to A (a.) through (c.) above; OR

b. They are not the person within the Offeror’s organization responsible for the decision as to the prices being offered in the proposal but that they have 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 (a.)

through (c.) above, and as their agent does hereby to certify; and they have not participated, and will not participate, in any action contrary to A

(a.) through (c.) above.

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

5.20 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. §39-26-704.1, C.R.S). Seller/Offeror is hereby notified that when materials are purchased in certain political subdivisions, the

Seller/Offeror 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.

5.21 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 a 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 Offeror pursuant to the services sought by this RFP, and subsequently provided and integrated by contract between DNR and the successful Offeror, shall become the sole property of the State. The purchase of licenses for use of a Offeror’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 Offeror. The successful Offeror 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.

5.22 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.

5.23 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.

5.24 Legislative Changes

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

5.25 Audit

The States reserves the right to require that the successful Offeror has a process audit conducted of its program at least once every three (3) years. If the successful Offeror 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 Natural Resources within five (5) working days of its completion. The Department of Natural Resources will negotiate directly with the contractor regarding any exceptions or findings from the audit.

5.26 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.

Offerors are reminded of the illegality of discrimination. While there is not a specific requirement for Disadvantaged Business Enterprise participation for this solicitation, the

State encourages the submission of responses that include minority-owned and/or women-owned businesses.

5.27 Former Employees

C.R.S. 24-18-201: A former classified employee may not within 6 months of termination of employment, contract or be employed by a contractor of the State. If an employee does return after 6 months, they cannot work in the same or similar role.

5.28 Cooperative Purchasing

In accordance with §24-110-201, C.R.S., and all applicable regulations, the award(s) under this solicitation will be for one or more cooperative purchasing agreements available for use by the contracting State Agency, other State Agencies, State

Institutions of Higher Education, political subdivisions (e.g., cities, counties, schools) and eligible non-profit entities (certified pursuant to §24-110-207.5 C.R.S.) under the terms, conditions and rates set forth in the Contract. Each Agency or entity ordering goods or services under the Contract will be responsible for all costs and expenses incurred in connection with its orders.

5.29 ACH/EFT Payments

Offerors are highly encouraged to consider signing up for ACH/EFT payments.

ACH/EFT payments provide the advantage of ensuring quick and secure payments for the goods and services that contractors provide to the State. ACH/EFT payments help avoid the unnecessary, and sometimes inevitable delays in mail, and the possibility of lost warrants which will further delay payment. DNR’s goal is to pay contractors as soon as possible - signing up for the ACH/EFT is an important step in making this happen.

For additional information about signing up for ACH/EFT payments please contact the

Agency Buyer listed in Section 1.1.

5.30 Accessibility Requirements

All work performed as a result of the forthcoming solicitation resulting from this RFP must comply with all applicable provisions of §24-85-101, C.R.S., et seq., and the

Accessibility Standards for Individuals with a Disability, as established by the Office Of

Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. and 3) all State of

Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

For more information, please reference the applicable accessibility requirements contained in the Colorado Model Main Task Order Contract linked in section 1.2.

Submission Form (2 Pages)

RFP PMAA 2027*0007

CPW On-Call Water Resources Engineering

Return This Form With Your Proposal. Return all proposals via Colorado.gov/vss or

Google Forms. See section 2.0 for full submission instructions.

Offeror Information:

Legal Business Name:

Address:

City, State Zip:

Phone:

Email:

Signature:

Name (Printed):

Title:

Date:

Mandatory Questionnaire

1. I am a Service Disabled Veteran Owned Small Business: Yes___ No ___

If Yes, please ensure you have included documentation of SDVOSB certification Issued through the U.S. Department of Veterans Affairs with your proposal

2. I am a Resident Bidder: Yes___ No ___

3. I agree to the Scope of Work: Yes___ No____

4. I agree that my firm can provide the services noted in the Scope of Work without the need for training provided by the State: Yes___ No ___

5. I agree that the State of Colorado is NOT the only client my firm works with:

Yes___ No ___ http://colorado.gov/vss

6. I agree that my firm offers services to the public and has other clients:

7. If my firm offers services to the public, I affirm that my firm has a place of business and is registered as a business listing in a directory:

8. I agree that 100% of the work resulting from this award will be completed by my firm within the state of Colorado (please refer to Section 4.6 for reporting requirements for work performed out of CO/US): Yes___ No ___

9. I agree that 100% of the work resulting from this award will be completed by my firm within the United States (please refer to Section 4.6 for reporting requirements for work performed out of CO/US):

10. I agree that my firm has no direct daily control over State of Colorado employees: Yes___ No ___

11. I agree to the Insurance Requirements: Yes___ No ___

12. I agree my firm is in compliance with applicable Worker’s Compensation laws in its state: Yes___ No ___

13. I agree that my firm does not participate directly or indirectly in benefit programs of the State of Colorado. Examples: 1) the firm is receiving funds from the state for Workers Compensation covering injury to worker(s), 2) firm is receiving funds for public liability covering injury to others, 3) firm is receiving unemployment compensation: Yes___ No ___

14. I agree my firm is registered and in good standing with the Colorado Secretary of State, OR if a sole proprietor, is registered with the IRS to conduct business as an independent contractor, OR I agree that my firm will register with Secretary of State/IRS upon award: Yes___ No ___

15. I acknowledge and confirm receipt of all attachments, amendments and addenda associated with this solicitation: Yes___ No ___

16. I agree to the unaltered State of Colorado contract terms and conditions and the Colorado Special Provisions: Yes___ No ___

17. I have submitted a Request for Confidentiality as part of my submission (see section 5.6 for instructions): Yes___ No ___

Return This Form With Your Proposal