Tractor DQ Final Mod 1.doc

Colorado Department of Labor & Employment

DOCUMENTED QUOTE – Tractor Procurement (KAVA-2017000599-Q)

Modification #1 – Changes in Red

Solicitation Title: Tractor Procurement

IMPORTANT: Bidders are urged to carefully review the entire solicitation.

Section 1 – INTRODUCTION:

The Colorado Department of Labor and Employment (CDLE), Division of Vocational Rehabilitation (DVR) is seeking a vendor to supply a tractor with adaptive technology for a client purchase under the case services program in Fort Morgan, Colorado. The tractor is to be utilized in vegetable and tree planting, cultivating, lifting, land contouring, fence building, load hauling, material handling, bee swarm removal, bee hive installation/maintenance, water pipe installation, power line installation, surveillance camera installation, building construction, general cleanup, limb and tree removal, driveway/path/land leveling, sand/gravel mining, snow clearing, and mowing.

The use of a brand name is for the purpose of describing the standard of quality, performance and a characteristic desired. This is not to limit or restrict competition.

Section 2 – ADMINISTRATIVE ITEMS:

2.1.

INQUIRIES

Prospective bidders may make written, faxed, or email inquiries concerning this Documented Quote (DQ) to obtain clarification of requirements. Email is the preferred method for bidders to submit inquiries; however, CDLE is not responsible for delivery failures (e.g., e-mail systems, mailing systems, facsimile systems). No inquiries will be accepted after the date and time indicated in the Schedule of Events (above).

Mail, fax, or email all inquiries to:

Colorado Department of Labor and Employment

Procurement and Contract Services

633 17th Street, 11th floor

Denver, CO 80202-3631

Via FAX: (303) 318-8068

Via e-mail: CDLE_Purchasing@state.co.us (note the underscore between CDLE and Purchasing)

Inquiries must be clearly marked with DQ KAVA 2017000599-Q, Tractor Procurement.

Responses to bidder’s inquiries will be published as a modification on the State of Colorado online bidding system, Colorado Vendor Self Service (VSS) (see Section 2.2 below) and any other forms of notification CDLE utilizes to post this DQ in a timely manner. Bidders shall not rely on any verbal statements that alter any specification or other term or conditions of the DQ.

2.2.

COLORADO VENDOR SELF-SERVICE VSS)

The State of Colorado transitioned to a new financial management system called the Colorado Operations Resource Engine (CORE). Solicitations for most State Agencies (Agencies) including CDLE are posted on a new website, Colorado Vendor Self-Service (VSS),www.colorado.gov/vss.

Solicitation details for goods and services, as well as construction notices, on VSS are public and do not require registration to view. Per Procurement Rule 24-102-202.5-04 bidders need not be registered in order to be deemed responsive; however only registered bidders will be able to receive notification in categories of interest and respond electronically (online). Additionally, there is no cost to register on VSS.

VSS registration may take up to three (3) business days to complete. For questions about VSS registration, feel free to contact the VSS Help Desk, Monday through Friday, 8:00am to 5:00pm Mountain Time at 303-866-6464 or vsshelp@state.co.us.

2.3.

SCHEDULE OF ACTIVITIES AND PROJECTED TIMELINE

2.4.

DISCREPANCIES IN SOLICITATION

Should the bidder find any part of the solicitation to be discrepant, incomplete or otherwise questionable in any respect, bidder shall be responsible to call such matters to the attention of the purchasing agent immediately. Failure to do so shall be at the bidder’s risk. Amendments to this solicitation will be official only if published on VSS. Bidders should not rely on verbal statements that alter this solicitation.

2.5.

PERFORMANCE/REMEDIES

Awarded bidders shall comply with the requirements as stated in this solicitation. If the awarded bidder fails to perform, CDLE reserves the right to take remedial action (upon written notice), including canceling the original award, in whole or in part, for cause. Cause is defined as failure to meet the requirements stated in this solicitation or in any resulting Purchase Order or Contract, failure to correct deficiencies upon receipt of notice, or failure to maintain satisfactory performance after notice.

2.6.

RECIPROCAL PREFERENCE

Per Colorado Revised Statutes, Section 8-19-101, a resident bidder shall be allowed a preference against a non-resident bidder equal to the preference given or required by the state in which the non-resident bidder is a resident.

2.7.

PRICING

In case of an error in extension, unit price shall prevail.

2.8.

DQ CANCELLATION

CDLE reserves the right to cancel this DQ at any time without penalty.

2.9.

BRAND NAME OR EQUIVALENT

Where brand name/model number is specified, bid only this brand/model. If “or equivalent” is stated, bidder may bid a substitute product that matches or exceeds the specifications of the brand/model listed. Use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not to limit or restrict competition. Bidder must submit, with their bid, sufficient information for CDLE to determine that such materials or equipment is of equivalent substance and form. Samples of product(s), when required, must be furnished free of expense to CDLE and if not destroyed by tests, bidder may request items be returned at bidder’s expense. CDLE shall be the sole judge in determining quality, performance, and equivalency.

2.10.

NEW PRODUCT

All items bid are to be new product (not used, remanufactured, refurbished, rebuilt, etc.) and are not to contain components that are not newly manufactured, unless specifically stated otherwise in the solicitation.

2.11.

TERMS AND CONDITIONS

A. ACCEPTANCE OF TERMS AND CONDITIONS

A submission in response to this DQ acknowledges acceptance by the bidder of all terms and conditions, including compensation, as set forth herein. A bidder shall identify clearly and thoroughly any variation between its offer and CDLE’s DQ requirements. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the DQ. Bidders are strongly encouraged to seek advice from legal counsel regarding such contractual exceptions. Bidders should not assume any term or condition in this DQ is negotiable. In the event the parties are unable to negotiate contract terms that are fully satisfactory to CDLE within a reasonable period of time, at CDLE’s sole discretion, CDLE may elect to enter into negotiations with another bidder within the competitive range. Acknowledgment of this condition shall be indicated by the autographic signature of the person legally authorized to execute contractual obligations for the bidder, on the documented Quote Signature Page submitted with the DQ response.

B. State of Colorado Solicitation Instructions/Terms and Conditions

Any quote submitted in response to this DQ shall also be subject to the State of Colorado Solicitation Instructions/Terms and Conditions found on VSS at https://bidscolorado.com/purchasi.nsf/0/546C6A7C473DD34087256E9700605672?openDocument.

C.

Standard Contract

The successful bidder(s) are required to enter into a formal contract (Purchase Order) with CDLE. The contract will incorporate standard State of Colorado Purchase Order Terms and Conditions into any contract resulting from this DQ. These terms are included as ATTACHMENT A to this DQ. Bidders must clearly identify any exceptions to the contractual terms and conditions described in this DQ, and provide justification and alternative language in their offer.

D.

FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT Conditions

Any offer submitted in response to this DQ shall also be subject to the Federal Funding Accountability and Transparency Act of 2006 (FFATA) as amended (ATTACHMENT B).

2.12.

Confidential/Proprietary Information

Any proposed restrictions on the use or inspection of material contained within a proposal response shall be clearly stated in the proposal response. Bidders may request the CDLE to consider confidential or proprietary information through the following steps:

Step 1. The bidder, with its proposal, shall submit written requests for confidentiality. The bidder must provide a justification and state specifically what elements of the proposal are to be considered confidential/proprietary.

Step 2. Confidential/proprietary information must be readily identified, marked, and packaged separately from the rest of the proposal. Commingling of confidential and/or proprietary information with other information is NOT acceptable.

Step 3. The Purchasing Director will make a written determination as to the apparent validity of any written request for confidentiality. Neither a proposal in its entirety, nor proposal price information will be considered confidential and proprietary. Any information that will be included in a resulting contract cannot be considered confidential.

Step 4. In the event CDLE does not concur with the bidder’s request for confidentiality, the written determination will be sent to the bidder. Ref. Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records.

Step 5. If the bidder does not agree with the Purchasing Director’s determination and the parties cannot come to an agreement, the bidder may file a protest. See Section O above for more information regarding protest rights.

2.13.

MINORITY AND WOMEN-OWNED BUSINESS AND SMALL BUSINESS ENTERPRISES

CDLE is dedicated to creating, operating, and maintaining a procurement and contracting system that provides all Colorado individuals and businesses, including minority and/or women-owned enterprises (M/WBE), and small business enterprises with an equal and fair opportunity to compete for CDLE business. Additionally, per C.R.S. 24-111-102-01, “It is the policy of this State that all procurement offices shall make a special effort to solicit and encourage minority-owned and women-owned business participation for state contracts and awards.” CDLE does not utilize preferences or set-asides to reach specific levels of M/WBE or small business enterprise participation, and it does not require that businesses be "certified" in order to be considered minority or woman-owned enterprises or small business enterprises. PCS shall collect M/WBE and/or small business enterprise information by utilizing a substitute W-9 form (Attachment C) submitted with bidder’s DQ response. All information is submitted voluntarily by the bidders.

2.14.

SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES

24-103-211 CRS allows for a preference to Service-Disabled Veteran Owned Small Businesses (SDVOSB). To qualify for this preference, a SDVOSB shall submit documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs with their offer. Any SDVOSB certification submitted shall be verified by CDLE.

2.15.

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

Except as otherwise disclosed with particularity, through its submission of a quote, the bidder certifies that the prices in the quote have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the quote by any other competing bidder. For purposes of this paragraph, “consultation, communication, agreement with, or knowledge” does not include knowledge of prices gained through availability of established price lists or catalogues made available to the public by the competing bidder. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a DQ response for the purpose of restricting competition.

2.16.

SECTION 508 COMPLIANCE

All electronic and information technology deliverables under this solicitation shall comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794 (d); 36 CFR Part 1194) and the Access Board Standards. Section 508 requires that accessibility for people with disabilities is incorporated into all electronic and information technology developed, procured and maintained under the resulting solicitation award.

2.17.

Use of Solicitation by Other State Agencies

Any award made as a result of this DQ will be available for use by any governmental agency, at that agency’s discretion. The awarded bidder shall extend any pricing or offering to other governmental agencies that desire to utilize this DQ and award.

2.18.

PAST PERFORMANCE

Each bidder’s past performance shall be reviewed as part of the State’s overall evaluation. This evaluation will take into account past performance information submitted as a part of such Bidder’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. Vendor’s without a record of relevant past performance or for whom information on past performance is not available will receive a neutral past performance rating. CDLE will consider vendor’s performance on past or current State contracts with requirements similar to the State requirements for this contract. CDLE will consider information provided by vendor regarding any problems encountered on the identified contracts and any associated corrective actions.

Section 3 – SPECIFICATIONS:

3.1.

TRACTOR (Kubota Model B2650HSD – OR – John Deere Model 2025R) or equivalent that matches or exceeds the specifications of the brand/model listed, to include:

Warranty/Service **Service Center within 50 miles of Fort Morgan, Colorado

**It is CDLE’s preference that the service center be within fifty (50) miles of Fort Morgan, Colorado. If there is no service center within 50 miles of Fort Morgan, Colorado for the tractor you are quoting, please provide the location of the nearest service center in your response to this DQ.

Section 4 – BID SUBMISSION INSTRUCTIONS:

4.1.

Bid must include the Bid Pricing Sheet and the Bid Signature Page and all items listed in Section 4.5 below.

The outside of the package must include the following information:

VENDOR’S NAME

DQ KAVA 2017000599-Q

QUOTE DUE DATE AND TIME

4.2 Deliver response to:

Layla Mauldin, Purchasing Agent

Colorado Department of Labor and Employment

Procurement and Contract Services

633 17th Street, Suite 200

Denver CO 80202

4.3 Late bids will not be accepted. Faxed or e-mailed bids will be accepted. It is the responsibility of the bidder/offeror to ensure that the bid arrives prior to the date and time due, and at the address stated above.

NOTE: The submission location is leased property. Any offers submitted by regular postal delivery are required to adhere to the United States Postal Service (USPS) processes as well as the Colorado Department of Personnel and Administration’s mail handling processes. These processes increase the mail processing and delivery time. Vendors sending offers by regular postal mail shall allow sufficient delivery time to accommodate these processes.

4.4

RESPONSE FORMAT

In order to be responsive to this Documented Quote, the vendor must fully address each item of this Documented Quote. The vendor must start with the first item listed below and consecutively continue through completion of all items. The procedure for submitted responses is as follows:

A. DQ Pricing Sheet

Two (2) copies of the DQ Pricing Sheet must be sealed in a separate envelope, with the following marked clearly on the exterior: “DQ Pricing Sheet, KAVA 2017000599-Q”

Bidders must include total cost for the tractor and all additional parts based on numbers provided above in Section 3–Specifications. Bidders are to provide pricing based on these part numbers so the responses are evaluated in a fair and consistent manner. If any expenses are not listed on the DQ Pricing Sheet, it is the bidder’s responsibility to provide pricing with their submission.

B. DQ Signature Page

C. Reference and attach any supporting documents that help describe or contribute to an item, including but not limited to: item specifications or equivalent, clearly outlining how an equivalent item quoted either meets or exceeds the specifications of the brand/model listed. Reference to technical literature may be given in support of, but not in place of, a response. Include any other documentation showing bidder’s qualifications.

D. CDLE Substitute W-9 (Attachment C) E. The terms and conditions of CDLE’s purchase order or resulting contract and all State of Colorado Solicitation Instructions/Terms and Conditions found on VSS apply to this procurement. Any exceptions to these terms, or other bidder/offeror documentation (including license agreements) shall be submitted with your bid. Alternate or additional terms and conditions may be considered by CDLE in the evaluation of bidder/offeror responses and, in no event, shall CDLE be required to accept and agree to bidder’s/offeror’s alternate or additional terms and conditions. CDLE may neither review nor accept terms and conditions submitted subsequent to the bid closing date and time.

F. Purchase Order Terms and Conditions Affirmation Page (Attachment D) Section 5 – EVALUATION AND AWARD:

A.

Evaluation and award will be based on which acceptable bidder is most advantageous to CDLE with cost being the primary consideration.

B.

CDLE will evaluate offers on the following (in order of importance):

1) Total Cost for Tractor and all required features & warranty provided on DQ Pricing Sheet

C.

CDLE reserves the right to reject any or all bids, to waive informalities and minor irregularities (as determined by CDLE) in bids received, and to accept all or any portion of the bid if deemed in the best interests of CDLE.

Bidder Name:

Tractor

One (1)

Loader

One (1)

Cruise Control

One (1)

Two-pedal control right side, brake left side

One (1)

Hydrostatic transmission

One (1)

7.7 ft. Backhoe

One (1)

Right-side accessible bucket joystick

One (1)

Quick connect bucket

One (1)

Canopy

One (1)

Mower deck

One (1)

5ft Disc

One (1)

5ft Blade

One (1)

Food plot seeder

One (1)

Quick hitch

One (1)

Pallet forks 42” 36”

One (1)

Tilt steering wheel

One (1)

Warranty (Note Below)

One (1)

Total delivered Price (*determinant factor for award)

If quoting an equivalent brand/model, what method(s) were used in determining that brand/model meets or exceeds the specifications of the brand/models listed? (e.g. Consumer Reports comparison) Warranty:

Clearly state warranty in detail (please do not just state “Manufacturer’s Warranty”) or include in your response a copy of applicable warranties:

Warranty Time Period:

What does the warranty cover?

CDLE reserves the right to request complete sets of brochures, catalogs, technical data sheets, etc. that detail the warranty stated above.

Delivery:

Please indicate earliest delivery date after receipt of order

FOB: Destination.

Payment Standard payment terms are Net 45, if you offer more favorable payment terms, Terms:

please state them here.

Pricing:

All pricing must be listed on this Bid Pricing Sheet. DO NOT attach a quote. Price must include shipping.

Price is firm for: FORMCHECKBOX 90 days

FORMCHECKBOX

Other

Service

Center:

Is there an authorized service center within fifty (50) miles of Fort Morgan, Colorado that can service the tractor being quoted?

Yes: FORMCHECKBOX

No: FORMCHECKBOX

*If no, where is the closest service center located? ____________________________

All bids must be submitted on this form and signed in ink by an authorized officer or agent of the company.

BIDDER INFORMATION

Company Name:

Address:

FEIN/SSN:

Phone:

Fax:

E-mail Address:

Signature of authorized officer/agent of company

Title of authorized officer/agent of company

Print name of authorized officer/agent of company

Date