REQUEST FOR PROPOSALS

State Forest State Park Yurts and Huts

For the Department of Natural Resources

Colorado Parks and Wildlife

RFP# PMAA-2018*0019

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 the Colorado Parks and Wildlife (CPW). All contact regarding this solicitation is to be directed to:

Kaylee Salazar

Colorado Parks and Wildlife

1313 Sherman, 6th Floor

Denver, CO 80203

(303) 866-3203 X 1269

Email: kaylee.salazar@state.co.us

1.2 Purpose

The purpose of this RFP is to obtain competitive proposals from qualified individuals and companies to provide yurt and hut rental services for State Forest State Park.

This RFP provides prospective proposers with sufficient information to enable them to prepare and submit proposals for consideration by the Department of Natural Resources to satisfy the needs as outlined in the scope of work.

1.3 Schedule of Activities:

Activity Date Time

RFP Posted on VSS June 11, 2018

Site Showing June 26, 2018 10:00 AM

Inquiry Deadline July 2, 2018 4:00 PM

Proposal Submission Deadline July 27, 2018 4:00 PM

Selection Approx. August 10, 2018

Project Start Date October 1, 2018

1.4 Site Showing Meeting/Inquiries

A Site Showing will be held on June 26, 2018 at 10:00 AM and start at the Moose Visitor Center, 56750 highway 14, Walden, CO 80480, located 2 miles east of Gould. See Exhibit C for a map of State Forest

State Park.

Not every yurt will be accessible during the showing; however, at least one yurt will be made available for viewing. Accommodations may be made to view additional yurts and huts at a later date. Photos of example yurts and huts are listed in Exhibit D. Additional photos of the remaining yurts may be found at

Never Summer Nordic Inc.’s (the current concesssionaire) website listed below.

http://neversummernordic.com/page/medicine-bow-yurt

See Exhibit E for a naming conversion chart. For example, the Agnes Creek Cabin, listed on the website is Cabin # 9 on the map found in Exhibit C.

1.5 Submission

All proposals must be received by the front desk of Colorado Parks and Wildlife, 1313 Sherman, 6th

Floor, Denver, CO 80203 no later than the date and time shown in the Schedule of Activities, Submission

Deadline. Hard copy submittals will be accepted, as will submittals using the Colorado Vendor Self-

Service System (VSS). For hard copy submittals, please include a CD or thumb drive with the proposal loaded on it. See Section 4.0 Submittal for details. It is the responsibility of the proposer to ensure that the proposal is received in the office of CPW 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 must be sealed and clearly identified as a proposal for the DNR RFP# PMAA 2018*0019 and shall show such information on the outside of the proposal packet. Proposals will not be accepted by email or by facsimile transmittal.

A responsive proposal must include the items outlined in Section 4.0 Submittal.

1.6 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”. Questions must be submitted in writing via email as an attachment that can be opened by Microsoft Word 2007. 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, CPW Revenue Agreement Specialist

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.

1.7 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 below).

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. Go to the Colorado VSS System at:

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

http://neversummernordic.com/page/medicine-bow-yurt 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.

1.9 Evaluation Process and Award

Proposals will be evaluated and award made as outlined in Section 5.0 Evaluation and Award

1.10 Attachments

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

Exhibit A- RFP Form

Exhibit B- Model Contract

Exhibit C- Map of State Forest State Park

Exhibit D- Photos of example yurts and huts

Exhibit E- Name Conversion Chart

Exhibit F- Assets for Purchase

2.0 CONTRACT INFORMATION

2.1 Colorado Contract

A ten-year contract will be entered into with the awarded bidder. The contract will incorporate this RFP, published addenda and the response of the successful bidder, and will include all contract terms and the

Colorado Special Provisions.

Single Contract. DNR will enter into a single contract. Any partnerships between firms specializing must be managed in a Prime Contractor / Subcontractor approach. All references to “proposer” or

“concessionaire” 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 concessionaire will be required to assume responsibility for all goods and services offered in its proposal, and DNR will consider the selected concessionaire to be the sole point of contact with regard to all contractual matters and responsibilities. The selected concessionaire must gain prior written approval from DNR for any changes to subcontractors, subsequent to proposal submission.

2.2 Insurance Requirements

A. The Concessionaire shall obtain, and maintain at all times during the term of this contract, and require subcontractors to include insurance in the following kinds and amounts:

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

Insurance covering all of concessionaire’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 concessionaire 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.

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 Concessionaire and Concessionaire shall forward such notice to the State within seven days of Concessionaire’s receipt of such notice.

7) The concessionaire will require all insurance policies in any way related to the contract and secured and maintained by the Concessionaire 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.

2.3 Performance Monitoring Criteria

Concessionar’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this Contract, State law, and State Fiscal Rules, Policies and guidance. Evaluation and review of the Concessionar’s performance will be conducted upon the discretion of the Park Manager.

Areas of evaluation and review shall include, but not be limited to the following:

A. The quality of the services listed in Section 3 of this RFP, and other goods and/or services that are deemed approporiate by the Park Manger, provided to Yurt Patrons.

B. The availability of the services listed in Section 3 of this RFP, and other goods and/or services that are deemed approporiate by the Park Manger, provided to Yurt Patrons.

C. The affordability of the services listed in Section 3 of this RFP, and other goods and/or services that are deemed approporiate by the Park Manger, provided to Yurt Patrons.

D. The apperance, manner, and customer service of Yurt Staff.

Failure to adequately comply with the criteria listed above may result in early termination of the

Contract. Notice of the failure to comply shall be given to the Concessionare in writing, if the failure is not remedied within 30 days of recipt of the notice, the State may, in its sole discretion, immediately terminate the Contract if reasonably necessary to preserve public saftery or to prevent immediate public crisis.

3.0 SCOPE OF WORK

3.1 Background

The 71,000-acre State Forest State Park is located in the Western Slope of the Never Summer and

Medicine Bow Mountains, with the headquarters near Gould. State Forest State Park is a high country park ranging in elevation from 8,500 to 12,500 feet. The rugged expanse of State Forest State Park is the setting for some of the most enjoyable outdoor activities in Colorado.

Winter recreation at State Forest State Park is typically underway by December and usually lasts well into April. There are approximately 90 miles of snowmobile and ski trails available to park users. Snow conditions at State Forest State Park vary with altitude; depths of three to six feet are common.

State Forest State Park is a multiple use forest managed for its timber, range, wildlife, and recreation resources. The park hosts over 300,000 visitors annually, with a variety of recreation activities. Visitors can enjoy hiking, photography, fishing, hunting, horseback riding, rock climbing, camping, picnicking, and mountain biking.

Currently, the yurt concession offers five sixteen-foot yurts, three twenty-foot yurts, and two huts. State

Forest State Park is aiming to expand yurt operations and improve the existing facilities. Additionally, services in conjunction with yurt concession operations are welcome. Supplementary services may include, but are not limited to, cross country ski tours, instruction, hiking, and/or mountain biking.

3.2 Concessionaire’s Obligations

The awarded bidder will be required to meet and/or provide all of, but not limited to, the following requirements:

A. Operation, expansion, and improvement of the yurt concession and other services that are approved in writing by the Park Manager. Operation, expansion, and improvements of the yurt concession must include the following:

a. Replacement of all broken fixtures and appliances including, but not limited to, stoves, lights, doors, windows, cabinets, and/or beds (fixtures and appliances to be identified by

Park manager at site showing)

b. Plan to paint and/or stain faded wood features (wood features to be identified by Park

Manager at site showing)

c. Replacement of flooring where hazardous conditions exist (areas to be identified by Park

Manager at site showing)

d. Insertion of railings where necessary (locations to be identified by Park Manager).

e. Replacement of outdated fixtures in vault toilets (fixtures to be identified by Park

Manager)

f. Plan to increase the number of units (a minimum of two units) by 2022

g. Willingness to add yurts and/or huts in the Cameron Pass area contingent upon a lease agreement between CPW and the United States Forest Service.

h. Inclusion of a schedule for replacement of the yurt canvas material

i. Maintenance of a website with an online reservation system and the provision of brochures to the State Forest State Park Visitor Center

j. Clearance and maintenance of the roads, trails, and parking exclusively used for access to the yurts and huts.

k. Plans to provide snow plowing services for the parking spaces used exclusively by yurt and hut patrons.

l. Maintenance of two two-yard dumpsters for yurt and hut patrons.

B. By May 1 of each year, or prior to a modification of the services or prices, a comprehensive list of services and prices will be submitted to the State. The State reserves the right to approve the services offered and the price at which they may be sold. The Concessionaire shall discontinue any services disapproved by the State.

C. Concessionaire shall purchase the existing structures, including the contents and equipment found therein, owned by the current concessionaire for $300,000.00. See Exhibit F for the list of the existing structures. Contents and equipment may include, but are not limited to, bunkbeds, mattresses, and propane tanks. Bidders may view the existing structures, and their contents, during the site showing referenced in Section 1.3 of this RFP.

D. There shall be no on-site storage facilities, unless otherwise authorized by the Park Manager. Upon authorization of an on-site storage facility, Concessionaire shall pay the State an annual fee of

$1,500.

E. There shall be no residence permitted on State Forest State Park property.

F. Concessionaire shall operate year-round, unless otherwise authorized by the Park Manager.

G. Bidder’s proposal shall be at least seven percent (7%) of gross revenue. Gross revenue shall be defined as the total amount of income in cash or credits received by the concessionaire from all business done under this concession and all gross revenues of subcontractors, if any. Exempt from gross revenue are Federal, State and local taxes.

H. Concessionaire shall pay the State an administration fee of $500 and an annual fee of $1,500.

I. Evidence of insurance coverage required by the State of Colorado found in Exhibit B.

J. Be responsible for the use and charges associated with the Concession.

K. Comply with all applicable state and federal statutes, regulations, policies and guidelines.

3.3 State Supplied Items and Services

A. Access to the yurt facilities as described in Section 3.1 and general facilities and areas open to the public. No other special privileges are implied.

B. Law enforcement and park management consistent with that which is provided to the rest of the park.

C. Ingress and egress for performance of concessionaire obligations or duties.

No other obligation expressed or implied will be required of the state of Colorado, Department of Natural

Resources, or CPW, unless negotiated and made part of the final agreement.

3.4 Reporting

Concessionaire shall keep, maintain, and provide to CPW the following books, records and reports:

A. Gross Revenue: Concessionaire shall install and keep books and records detailing its Gross Revenue and expenditures in accordance with generally accepted accounting procedures. Said books shall be open to inspection by CPW or its authorized representative during normal business hours and upon reasonable notice. Concessionaire and any Subconcessionaire shall submit said books to CPW for audit at such times and place as CPW may direct. If such records and books are not maintained in a manner consistent with good and generally accepted accounting principles, methods, and procedures, CPW may require Concessionaire to maintain them under the supervision of an independent, certified public accountant.

B. Method: All sales and rentals shall be recorded by cash registers or other electronic means displaying the amount of the sale to Yurt Patrons and that automatically issue receipts certifying the transaction amount, and which are equipped with devices that lock in the sales and rentals totals, transactions records, produce duplicate audit tapes, contain counters which cannot be reset and which record the transaction numbers and details thereof on such tape. Errors shall be noted by Concessionaire on the audit tape with an explanation.

C. Monthly Report: On or before the 15th day of each month of operation, monthly reports will be prepared for the preceding calendar month. These monthly reports will be submitted to the State with payment for the State’s share of gross revenues. The reports will show daily revenues from all sources, taxes collected, totals for the month, the commissions due to the State based on the percentage fee against gross revenues, and a cumulative annual total.

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 that:

Include recycled paper as much as possible

Are printed on 8 ½ by 11” paper

Are bound to facilitate filing; three-ring binders and bulky submittals are not permitted

Submit One (1) original along with an electronic copy of your proposal in that can be read in

Word 2007 on a disk or drive. Alternatively, proposals may be submitted using the Colorado

VSS system.

Proposals must be delivered “sealed” with RFP Number, and Opening Date and Time on outside of envelope. Be advised that telegraphic or email offers cannot be accepted.

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

A. The completed and signed RFP Submittal Cover 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 the solicitation is due.

C. 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.

D. 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.

E. Out of state bidders. If the bid or contract price exceeds $500,000 for State Funded projects, the following apply:

1. Colorado statute (§8-19-104 C.R.S.) requires that a comparable percentage disadvantage be applied to a bid from a contractor based in a state that provides a percentage bidding preference.

More information is available at www.colorado.gov/spo.

2. A good faith effort must be made by the Contractor to report the use of foreign goods on any public works project. Upon completion of the project, the contractor must report to the Project

Manager the total cost and country of origin for each of the five most costly goods used in the project, (§24-103-210 C.R.S.).

4.3 Bidder Business Plan Information

A. The bidder will provide, in detail, a business plan and operating requirements that include the following:

1. Yurt expansion program with a corresponding timeline

2. Capital improvement program with a corresponding timeline

3. List of services provided

4. Detailed marketing plan http://www.colorado.gov/spo

5. Proposed length of obligation to operate concession

6. Amount of percentage fees proposed

7. A written explanation of expected costs of business operation

8. A Statement regarding the intended acquisition of the existing structures listed in Exhibit F

B. Prior Experience:

1. The bidder will provide an individual or corporate resume (whichever is applicable), discussing recent work experience that would indicate the possible success of operating the type of concession requested

2. The bidder may provide, as part of the proposal, letters of reference by persons who can attest to the character and business ability of the bidder

C. The bidder will provide the following documents:

1. A statement agreeing to the terms and conditions listed in the contract found in Exhibit B

2. A financial statement

D. If awarded the contract, and upon CPW’s request, the bidder may be required to provide the following:

1. Loan commitments from financial institutions (if necessary)

2. Evidence of insurance coverage required by the State of Colorado listed in Exhibit B

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. A score based on the written proposal shall serve to determine the top-ranked proposal. 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. The proposal that results in the best value to the State of Colorado shall be recommended by the Evaluation Committee to the Procurement Office delegate 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.

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, are required, but will not be scored. Any submittals regarding bidder preferences outlined under Section 4.3 will be evaluated and applied as appropriate.

5.3 Bidder’s Business Plan Evaluation

A. The bidder’s overall business plan will be evaluated based on detail and completeness. The operation requirements listed in Section 4.3.A will be evaluated as follows:

1. The best value to the state based on the proposed yurt expansion program with a corresponding timeline

2. The best value to the state based on the proposed capital improvement program with a corresponding timeline. Preference will be given to proposals that improve the conditions of the existing facilities.

3. The best value to the state based on the proposed list of services provided.

4. The best value to the state based on the proposed detailed marketing plan

5. The best value to the state based on the proposed length of obligation to operate concession.

6. The best value of the amount of percentage fees proposed.

7. The detail provided for the expected costs of business operation.

8. The feasibility of procuring the assets listed in Exhibit F.

B. The individual or corporate resume will be evaluated based on the amount of detail provided and the relevance to the requested operation of the yurt concession.

C. The required documents listed in Section 4.3.C will be evaluated as follows:

1. Acceptance of the terms and conditions listed in Exhibit B will be evaluated based on an explicit statement of acceptance.

2. The inclusion of a financial statement.

D. Items listed in Section 4.3.D are not subject to evaluation.

SECTION 6.0 ADMINISTRATIVE INFORMATION

6.1 Proposal Submission

All proposals must be received by the office of Colorado Parks and Wildlife, 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 4.3 – Bidder Submittal Requirements.

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 by the office of Colorado parks and Wildlife 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 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 cover page 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 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 in the proposal document. Regardless of whether or not a Proposer is owned or controlled by a parent company, the responding Proposer’s FEIN, as provided on the RFP Submittal Cover Sheet, shall be the number used to determine registration status.

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

6.5 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.

6.6 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.

6.7 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 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.

6.8 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.

6.9 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.

6.10 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. 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.

6.11 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.

6.12 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.

6.13 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.

6.14 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 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.

6.15 Intent to Award

After proposer 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:

Colorado Parks and Wildlife, Procurement Unit

ATTN: Kaylee Salazar

1313 Sherman Street, 6th Floor

Denver, CO 80203

Phone: (303) 866-3203 Ext.1269

Email: kaylee.salazar@state.co.us

6.16 Award of Contract

Final award will be made to the proposer 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 30 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.

6.17 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 seven (7) working 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. Ref. Section 24-109-101 et seq., CRS, as amended; Section 24-109-201 et. Seq., CRS as amended; Section R-24-109-101 through

R-24-109-206, Colorado Procurement Rules. Protests received after the seven-working-day period 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.

6.18 News Releases

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

6.19 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 Cover Page 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.

6.20 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.

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.

6.21 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.

6.22 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.

6.23 Legislative Changes

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

6.24 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.

6.25 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.