2017 TAAA 6600 Lab Proficiency Testing

The Colorado Department of Revenue, Marijuana Enforcement Division (MED) issued a Request for Information (RFI #DOR17006) seeking qualified vendors to provide proficiency testing services for licensed marijuana testing facilities across Denver County and Denver City. The procurement seeks proficiency testing capabilities for multiple marijuana categories including retail marijuana flower, concentrates, infused products, and medical marijuana, with testing categories encompassing potency analysis (THC, THCa, CBD, CBDa, CBN), residual solvent testing (Butane, Heptane, Benzene, Toluene, Hexane, Total Xylenes), and microbial contaminant testing (E. coli, Salmonella, total yeast, and mold). Successful vendors must be accredited to ISO/IEC 17043:2010 standards and demonstrate the ability to design and operate a comprehensive proficiency testing program, create and distribute proficiency testing samples, evaluate testing results according to CDPHE and MED guidelines, and provide results to testing facilities, CDPHE, and MED. As of January 2017, 14 licensed testing facilities could participate in the program, along with approximately 1,400 cultivations and 500 infused product manufacturers, with testing facilities required to participate in proficiency testing three times per year per test type per marijuana category. The RFI response deadline was April 25, 2017, at 1:00 p.m. Mountain Time, with inquiries due by April 17, 2017, at 12:00 p.m. Mountain Time, and potential vendor presentations scheduled for the week of May 15, 2017.

This procurement structure presents a unique no-cost arrangement to the State, with testing facilities covering all costs through fees assessed directly to them, meaning selected vendors recover costs exclusively through facility-assessed fees with no compensation from state appropriations. The RFI is exempt from standard procurement code requirements, and while no formal solicitation would be issued, MED indicated the potential to create a Certified Vendor List based on responses received, with the resulting contract being a state agreement with selected vendors. No set-aside designations for disadvantaged enterprises are specified in the available documentation. Vendors responding to the RFI must demonstrate no conflicts of interest with licensees and may be subject to criminal background checks at the vendor's own expense if awarded a contract. The contract would be awarded without modifications to the state's standard terms and conditions as provided in the draft contract, with vendors required to obtain and maintain comprehensive insurance coverage including workers' compensation, general liability ($1,000,000 each occurrence), automobile liability ($1,000,000 combined single limit), professional liability ($1,000,000 each occurrence), protected information liability ($1,000,000 each occurrence), and crime insurance ($1,000,000 each occurrence). No specific award values or budget ranges were disclosed in the RFI materials, as this is a cost-recovery model funded entirely by the testing facilities rather than state appropriations.