State of Colorado REQUEST FOR PROPOSAL COVER SHEET & SIGNATURE PAGE Date:
Submit Sealed Proposals to:
January 13, 2014
RFP Number:
Department of Public Safety/ Colorado State Patrol
CSP Procurement Office 700 Kipling Street Denver, CO 80215
Purchasing Agent:
Cindy Fredriksen
Number of Copies:
One Original plus Seven (7) Hard Copies and One Electronic Copy on CD/Disk Required
Due: Friday, February 14, 2014, 2:00pm. RFP Submission Deadline:
(Mountain Time) Caution: Daily mail may not be received prior to 4 pm. Vendors are responsible to ensure timely receipt.
CSPRFP1401LAB
All Bids Shall be Quoted F.O.B. Destination unless Otherwise Specified
Lab Testing Services for the Colorado State Patrol Per the attached specifications, terms and conditions F.E.I.N.:
Payment Terms:
Delivery Date:
(Minimum of Net 30)
Authorized Signature: Typed/Printed Name: Title: Company Name: Address: City: Phone Number:
State: Fax Number:
Contact for Clarifications: Title: Phone Number:
Fax Number:
Zip:
E-mail Address:
IMPORTANT: The following information must be on the outside of the Bid Return Envelope: CSPRFP1401LAB– Due:
Friday, February 14, 2014 2:00pm MT
Please be advised that telegraphic or electronic bids (Fax, Western Union, Telex, e-mail, etc.) cannot be accepted in the Purchasing Office as a sealed proposal. Offerors are urged to read the solicitation document thoroughly before submitting a proposal. Offerors are required to submit Federal Employer Identification Number (F.E.I.N.) prior to payment from the State of Colorado. ____ Confirm that you are aware that the award notice will be published on BIDS. My company is registered on Colorado BIDS. _____Yes ____No THIS PAGE MUST BE COMPLETED, SIGNED AND RETURNED WITH RESPONSE
U:\Lab Services RFP\RFP Drafts\CSPRFP1401LAB Lab Services for CSP final 011314.docx
CSPRFP1401LAB
TABLE OF CONTENTS
Section 1 – Administrative Requirements
1
Section 2 - Schedule of Activities & Inquiries
1
Section 3 – Background, Overview & Goals
14
Section 4 – Statement of Work
16
Section 5 – Response Format & Proposal Instructions
36
Section 6 – Evaluation and Award Selection Process
42
Section 7 – Exhibits and Attachments
46
Exhibit A – Requirements Compliance Table
46
Exhibit B - Sample Contract (See Separate Attachment)
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CSPRFP1401LAB
Section 1 – ADMINISTRATIVE REQUIREMENTS 1.01
Official Means of Communication
During the solicitation process for this RFP, all official communication with Offerors will be via notices on Colorado’s BIDS system. Notices may include any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent winning Offeror. It is incumbent upon Offerors to carefully and regularly monitor BIDS for any such notices. 1.02
Bid Information and Distribution System (BIDS) and Registration
This solicitation is published using the Colorado Bid Information and Distribution System (BIDS). Offerors must be registered on BIDS in order to download solicitation documents and information and to be considered responsive at the time of proposal due date. BIDS and its registration information may be linked through the State Purchasing Office link at http://www.colorado.gov/bids. 1.03
Structure of this Request for Proposal
The State of Colorado Solicitation Instructions and Terms and Conditions linked through the BIDS Solicitation Page govern except as modified or supplemented in these instructions. 1.04
RFP Cancellation
The State reserves the right to cancel this entire Request for Proposal or individual phases at any time, without penalty. 1.05
Scope of the RFP/Basis for Award
The purpose of this Request for Proposals (RFP) is to solicit proposals from qualified individuals and/or firms to provide DUI Alcohol and DUID Drug testing services for the Colorado State Patrol (CSP). A fair and equitable evaluation will be conducted, and award will be made to the Prime Offeror whose proposal is determined to be most advantageous to the State considering the evaluation factors set forth in Section 6 below. If the State does not receive any qualified proposals, or, if after award, the potential Offeror is unable to meet the requirements of contracting identified in this RFP, the State will consider it a failed procurement. 1.06
Number of Awards
The State will enter into a single contract for the purchase of Lab Services for the Colorado State Patrol. Any partnerships between firms must be managed in a Prime Offeror / Subofferor approach. 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 Offeror will be required to assume responsibility for all goods and services offered in its proposal, and the State will consider the selected Offeror to be the sole point of contact with regard to all contractual matters and responsibilities. The selected Offeror must gain prior written approval from the State for any changes to Subofferor, subsequent to proposal submission.
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1.07
Term of the Contract
This RFP will result in one multi-year contract for a period not to exceed five (5) years. The initial contract will be effective upon approval by the State Controller for two (2) years. The contract may be renewed for three (3) additional one-year periods, at the sole discretion of the State, contingent upon contractual requirements being satisfied and funds being appropriated, budgeted, and otherwise made available. 1.08
Issuing Office
This Request for Proposal (RFP) is issued by the Colorado Department of Public Safety (“CDPS”, “Department” or “State”)/Colorado State Patrol (“CSP”). The agency below is the sole point of contact concerning this RFP. Offerors should not contact any other state office or individual regarding this RFP or this project. 1.09
Mandatory Pre-Bid Meeting
All potential Offerors will be required to attend a mandatory pre-bid meeting. The purpose of this meeting is to surface any questions and/or issues as may be required in this RFP. Failure to attend this meeting shall result in an Offeror being deemed as non-compliant and waive all rights to protest the award. Proposals received from any Offeror who does not attend the mandatory pre-bid meeting will be disqualified. Any inquiries not answered at this pre-bid meeting shall be submitted in writing by COB, Tuesday, January 28, 2014. No inquiry or response shall be binding on either a potential Offeror or CSP. The mandatory Pre-Bid meeting will be held Thursday, January 23, 2014, 2:00 pm MT at CSP Headquarters, 700 Kipling Street, First Floor Conference Room, Denver, CO 80215. Please call Cindy Fredriksen (303-239-5888 or 303-514-4562) if directions are needed. 1.10
Inquiries
Offerors may make email, written or fax inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. The Colorado State Patrol Procurement Office prefers that all inquiries be sent by electronic mail with the RFP number in the subject line to:
[email protected] Response to Offeror’s inquiries (if required) will be published as a modification on the BIDS system in a timely manner. Responses to inquiries will be published on Colorado BIDS after all inquiries have been received by CDPS. Inquiries are due by COB, Tuesday, January 28, 2014. No inquiries will be accepted after that time/date. Offerors should not rely on any other statements, either written or oral, that alter any specification or other term or condition of the RFP during the open solicitation period. Offerors should not contact any other state office or individual regarding this RFP or this project. Offerors are responsible for monitoring BIDS for publication of modifications to this solicitation. 1.11
News Releases
News releases pertaining to this RFP shall NOT be made prior to execution of the contract without prior written approval by the State.
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1.12
Proposal Submission Copies
Detailed instructions on proposal preparation and submission are in Sections 5 and 6. It is the responsibility of the Offeror to ensure that the Colorado State Patrol Procurement Office receives the proposal on or before the proposal opening date and time, regardless of the delivery method used. Caution: Daily mail may not be received prior to 4 pm. Contractors are responsible to ensure timely receipt. Telegraphic or electronic proposals (fax, e-mail, etc.) will not be accepted. The State of Colorado Request for Proposal Cover Sheet MUST be signed in ink, preferably in blue, by the Offeror or an officer of the Offeror legally authorized to bind the Offeror to the proposal. Proposals that are determined to be at a variance with this requirement may not be accepted. For its proposal to be considered, an Offeror must be registered with the State of Colorado’s BIDS web site (www.colorado.gov/bids) by the proposal submission due date and time. Each proposal package shall consist of: One (1) original (identified as such) of: Document I – Technical Proposal, and Document II – Price Proposal. Document I and Document II are to be packaged in separate envelopes. One (1) electronic copy (CD) in MS Word format Seven (7) copies of Document I – Technical Proposal Seven (7) copies of Document II – Price Proposal A complete proposal package, including all elements of the Offeror’s response as delineated above, MUST be submitted and received by the stated deadline. It is the sole responsibility of the Offeror to ensure that its complete proposal package is received in the Colorado State Patrol Procurement Office prior to the deadline. Offerors 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 to CSP RFP No: CSPRFP1401LAB 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 the State of Colorado 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. Offerors are advised of the State’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. 1.13
Proprietary/Confidential Information
Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself. Written requests for confidentiality shall be submitted by the Offeror with the proposal. The Offeror must state specifically what elements of the proposal are to be considered
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confidential/proprietary and must state the statutory basis for the request under the Public (open) Records Act. (Section 24-72-201 et seq., C.R.S.). Confidential/Proprietary information must be readily identified, marked and separated/packaged from the rest of the proposal. Co-mingling of confidential/proprietary and other information is not acceptable. Neither a proposal, in its entirety, nor proposal price information will be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential. The Colorado State Patrol Procurement Office will make a written determination as to the apparent validity of any written request for confidentiality. In the event the Colorado State Patrol Procurement Office does not concur with the Offeror’s request for confidentiality, the written determination will be sent to the Offeror. Ref. Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records Act. Offeror(s) acknowledge that they may come into contact with confidential information contained in the records or files of the State in connection with any resulting contract or in connection with the performance of its obligations under any resulting contract. The awarded Offeror(s) shall keep such records and information confidential and shall comply with [specific statutory citations (if any) and,] all laws and regulations concerning the confidentiality of such records to the same extent as such laws and regulations apply to the State. The awarded Offeror(s) shall notify its employees that they are subject to the confidentiality requirements as set forth above, and shall provide each employee with a written explanation of the confidentiality requirement before the employee is permitted access to confidential data. Awarded Offeror(s) shall provide and maintain a secure environment that ensures confidentiality. The confidentiality of all information will be respected and no confidential information shall be distributed or sold to any third party nor used by awarded Offeror(s) or its assignees and/or subcontractors in any way except as authorized by this contract. Confidential information shall not be retained in any files or otherwise by awarded Offeror(s). Disclosure of such information may be cause for legal action against the awarded Offeror(s). Defense of any such action shall be the sole responsibility of the awarded Offeror(s). Unless directed otherwise, awarded Offeror(s) is required to keep all State information in a secure, confidential manner. 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 Request for Proposal Submittal Coversheet with the Offeror’s ORIGINAL autographic signature. C. The written request shall state SPECIFICALLY, and IDENTIFY BY PAGE NUMBER, what elements of the proposal are to remain confidential. The request shall 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 shall 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 CSP 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.
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F. Proposals not following this procedure may be declared non-responsive by the CSP Procurement Manager and given no further consideration. 1.14
RFP Response Material Ownership
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. Proposal materials may be reviewed by any person after the "Notice of Intent to Make an Award" letter(s) has/have been issued, subject to the terms of Section 24-72-201 et seq., C.R.S., as amended, Public (open) Records. 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. 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 Public Records Act. 1.15
Acceptance of Proposal Content
The contents of the proposal and the terms of this request for proposals will become contractual obligations of the successful Offeror. 1.16
Proposal Prices and Payment Schedule
Prices are expected to be firm, fixed price, with payment due as defined in this request for proposals. Estimated proposal prices are not acceptable; pricing must be United States funds. Proposals submitted must include all related costs, examples surcharges, travel, etc., any costs not included as part of the proposal will be disallowed. It is anticipated that payments may be made according to a milestone schedule and/or according to the acceptance of certain deliverables or monthly. No payment shall be made until after the contract and all relevant deliverables have been negotiated and accepted (signed by State Controller or designee). Subsequent to the expiration of the initial contract term, the awarded Contractor may request to increase its rates by providing 30 days written notice to the State. The State may accept, reject, or negotiate such request for increase. Rate increases will be limited to no more than one per year and shall not exceed 5%. Approved work in progress at the time of a requested rate change shall not be subject to the rate increase. If the price increase is determined to not be in the best interest of the State, the State reserves the right to cancel the contract and re-solicit. 1.17
Oral Presentation
At the conclusion of evaluation and discussion of the written proposals, the State may (at the evaluation committee’s sole discretion) request an oral presentation of the most favorable proposals. Offeror should not, however, prepare the written proposal with the assumption that an opportunity for oral presentations or revisions will be offered, rather, the most favorable proposal should be submitted as their initial written submittal. Should the evaluation committee decide not to award solely based on initial proposals, then those proposals in the competitive range (those most responsive to the requirements and reasonably susceptible of being selected for award) will have an opportunity to make an oral presentation. The oral presentation may include a discussion for the purpose of clarification and to ensure full understanding of and responsiveness to solicitation requirements. The same criteria for evaluation will be employed and each committee member will be provided the opportunity to modify their original evaluation. Following all
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oral presentations, the committee will again discuss their individual evaluations. The evaluation committee shall determine whether oral presentations will assist them in making a final proposal selection. If the evaluation committee requires such presentations, the State will schedule these sessions for the purpose of: Allowing the Offeror an opportunity to present its proposal to the evaluation committee; Allowing the Offeror an opportunity to demonstrate its background and capabilities in providing the requested services; Allowing the State an opportunity to obtain further clarification of proposal aspects and attempt to resolve any uncertainties; Resolving suspected mistakes by calling such perceived errors to Offeror’s attention without disclosing information concerning other Offeror’ proposals; and Allowing the State an opportunity to ask specific questions of the Offeror regarding its proposal offer. Regardless of whether oral presentations are conducted, the State may request clarifications throughout the evaluation process as it deems necessary. If following the oral presentations, the Evaluation Committee requires further information in the form of proposal revisions, a date will be established in writing by the State for submission of Clarifications and/or Best and Final Offers. Offeror will not, however, be provided an opportunity for comprehensive proposal revisions (i.e. a complete rewrite will not be allowed). Following all of the above, in order to assist the State in making its determination of Offeror responsibility in accordance with CRS 24-103-401, the apparently successful Offeror may be required to submit, for the most current reported period and a reasonable number of previous years (in order of preference): an audited financial statement, a financial statement reviewed by a certified public accountant, a third-party prepared financial statement (if an audited or reviewed statement is not available), or another financial statement prepared in the routine course of the Offeror's business. Offerors are hereby notified that as part of the award process, the Offeror will have to disclose where the services are intended to be performed: in Colorado, outside of Colorado, or outside the United States (as required by C.R.S. 24-102-206). 1.18
Selection of Successful Proposal and Notice of Intent to Award
The State reserves the right to make an award on receipt of initial proposals, so Offerors are encouraged to submit their most favorable proposal at the time established for receipt of proposals. Offerors not meeting the requirements identified in the RFP shall be ineligible for further consideration. The State may conduct discussions with Offerors in the competitive range for the purpose of promoting understanding of the State’s requirements and the Offeror’s proposal, to clarify requirements, make adjustments in services to be performed, and in prices. Changes to proposals, if permitted, will be requested in writing from Offerors. Upon review and approval of the evaluation committee’s recommendation for award, the Colorado State Patrol Procurement Office will issue “Notice of Intent to Make an Award” letter(s) to all Offerors. In addition, an “Intent to Award” will be posted on the BIDS system. Section 5 provides additional information related to the evaluation and award of this solicitation. 1.19
Parent Company
If an Offeror is owned or controlled by a parent company, the name, main office address and parent
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company’s tax identification number shall be provided in the proposal. 1.20
Certification of Independent Price Determination
1.20.1 By submission of this proposal each 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 this proposal have been 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 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 opening, directly or indirectly to any other Offeror or to any competitor; and c) No attempt has been made or will be 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. 1.20.2
Each person signing the Request for Proposal Cover Sheet of this proposal certifies that: a) He/She is the person in the Offeror’s organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to 1.20.1(a) through 1.20.1(c) above; or b) He/She is not the person in the Offeror’s organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to 120.1(a) through 1.20.1(c) above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to 1.20.1(a) through 1.20.1(c) above.
1.20.3 A proposal will not be considered for award where 1.20.1(a), 1.20.1(c), or 1.20.2 above has been deleted or modified where 1.20.1(b) above 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 head of the agency, or his designee, determines that such disclosure was not made for the purpose of restricting competition.
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1.21
Standard (Model) Contract
Except as modified herein, the standard State Contract Terms and Conditions and the Model Contract (attached separately on BIDS as Exhibit B) included in this RFP shall govern this procurement and are hereby incorporated by reference. Please note this Model Contract lists the State’s required legal provisions but does not include the specific scope of work and requirements for this RFP. The Offeror is expected to review the attached Model Contract and note exceptions. Offerors agreeing to abide by the requirements of the RFP are also agreeing to abide by the terms of the Model Contract. Unless the Offeror notes exceptions in its proposal, the conditions of the Model Contract will govern. It may be possible to negotiate some of the wording in the final contract; however, there are many provisions, (such as those contained in the Special Provisions pages) which cannot be changed. Contractors are cautioned that the State believes modifications to the standard provisions, terms and conditions, and Special Provisions constitute increased risk to the state and increased costs. Therefore, the scope of requested exceptions is considered in the evaluation of proposals. 1.22
Legislative Changes
The State of Colorado reserves the right to amend the contract in response to legislative changes that affect this project. 1.23
Order of Precedence
In the event of any conflict or inconsistency between terms of this request for proposal and the offer, such conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of the contract, second to the request for proposal, and third, to the proposal. 1.24
Venue
The parties agree that venue for any action related to performance of this contract shall be in the City and County of Denver, Colorado. 1.25
Audit
The successful Offeror may be required to have a process audit conducted of the program at least once every three years. If the successful Offeror has not had such an audit prior to awarding of this contract, one may be required to begin within six months of the award of this contract. A complete copy of the audit must be provided to the project manager as identified in the final contract within five working days of its completion. The State will negotiate directly with the Offeror regarding any exceptions or findings from the audit. 1.26 Organizational Conflict of Interest—Requirements of this Solicitation and Subsequent Contract Any business entity or person is prohibited from being awarded a contract if the business entity or person has an “Organizational Conflict of Interest” with regard to this solicitation and the resulting contract. No person or business entity who was engaged by the State to prepare the original RFP or has access prior to the solicitation to sensitive information related to this procurement process, (including, but not limited to requirements, statements of work, or evaluation criteria), will be eligible to directly or indirectly submit or participate, directly or indirectly in the submission of a proposal for this solicitation. The State
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considers such engagement or access to be an Organizational Conflict of Interest, which would cause such business entity or person to have an unfair competitive advantage. If the State determines that an Organizational Conflict of Interest exists, the State, at its discretion, may cancel the contract award. In the event the successful Offeror was aware of an Organizational Conflict of Interest prior to the award of the contract and did not disclose the conflict to the procuring agency, the State may terminate the contract for default. The provisions of this clause must be included in all subcontracts for work to be performed by subcontractors in connection with the performance of the contract, with the terms “contract,” “contractor,” and “contracting officer” modified appropriately to preserve the State’s rights. 1.27
Submission
By submission of a proposal, Offeror agrees as follows:
Except as replaced, modified, or supplemented by the Colorado State Patrol for this solicitation, all items in the State of Colorado Solicitation Instructions/Terms and Conditions are considered part of, and are incorporated by reference into this document. Offeror testifies that bid prices were arrived at independently and there was no collusion involved. The Offeror guarantees to the State that they understand and agree to the terms and conditions of this solicitation and that they will not default from performance by virtue of a mistake or misunderstanding. Offerors shall seek clarification from the Colorado State Patrol of any specifications, terms and/or conditions that they determine to be unclear. The failure of a bidder to seek clarification may be deemed a waiver of any such clarification. Offerors shall accept the terms and requirements of this RFP without exception, deletion or qualification and without making its offer contingent. Pursuant to CRS 24-30-202.4 (as amended), the State controller may withhold debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. The Colorado State Patrol reserves the right to reject any and all proposals or parts thereof, and to waive informalities or irregularities. Reciprocity is mandated by statute. CRS 8-18-101 states, “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.” The Colorado State Patrol will apply this statute to the extent necessary for all solicitations posted on Colorado BIDS.
1.28
Statewide Contract Management System
If the maximum amount payable to successful Offeror under this Contract and/or Purchase Order is $100,000 or greater, either on the Effective Date or at anytime thereafter, this section applies. Successful Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of contractor performance on state contracts/purchase orders and inclusion of contract performance information in a statewide contract management system.
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Contractor’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract/Purchase Order, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor’s performance shall be part of the normal contract administration process and Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor’s obligations under this Contract/Purchase Order shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract/Purchase Order term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado State Patrol, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. 1.29
Independent Contractor Status A. VENDOR ENGAGEMENT IN INDEPENDENT TRADE, OCCUPATION, PROFESSION OR BUSINESS; FREE FROM, DIRECTION AND CONTROL BY THE STATE PURSUANT TO CRS §8-70-115 The parties intend to create an independent contractor relationship between the State and the Vendor and for the State to obtain a rebuttable presumption of an independent contractor relationship pursuant to §8-70-115 by meeting the nine points below (1 through 9). Vendor (the term “Vendor” includes Contractors and Grantees) shall perform all of its services and other obligations under the Purchase Order (PO) or Contract (the term “Contract” includes Agreements and Grants) to which this Exhibit is attached, free from the direction and control of the State. Vendor represents that it is customarily engaged in an independent trade, occupation, profession, or business related to the services performed. These are material representations made by Vendor to the State, upon which the State relied in issuing this PO or Contract, and without which, this PO or Contract would not have been issued. In accordance with the foregoing, the State does not and shall not: 1) Require Vendor to work exclusively for the State; Vendor is free to perform work for other entities, and represents that it does hold itself out to perform work for other entities on a regular, ongoing basis. Vendor may schedule and perform similar work for others any time it wishes, including on the same day it does so for the State; 2) Establish a quality standard for Vendor; except that the State can provide plans and specifications regarding the work but cannot oversee the actual work or instruct Vendor as to how the work will be performed; 3) Pay a salary or hourly rate but rather a fixed or contract rate that has been negotiated by the parties;
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4)
5)
6) 7) 8)
1.30
Terminate the work during the PO or Contract period unless Vendor violates the terms of the PO or fails to produce a result that meets the specifications of the PO or Contract; Provide training, instruction, briefings, and orientations to Vendor regarding performance of the work, except as specifically stipulated within this PO or Contract’s scope of work. The State shall notify Vendor when Vendor may begin performing the work and its other obligations; Dictate the time of performance; except that a completion schedule and a range of mutually agreeable work hours may be established; Pay Vendor personally but rather makes checks payable to the trade or business name of Vendor; and Combine the State’s business operations in any way with Vendor’s business, but instead maintain the State’s and Vendor’s operations as separate and distinct.
B.
BENEFITS DISCLOSURE Vendor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Vendor or any of its agents or employees. Unemployment insurance benefits shall be available to Vendor and its employees and agents only if such coverage is made available by Vendor or a third party. Vendor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Vendor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
C.
ENTIRE AGREEMENT Upon award, these Provisions together with the resulting Purchase Order or Contract, constitute the entire agreement between the parties, and supersedes all prior proposals, agreements or other communications between the parties.
Addendum or Supplement to Request for Proposal
In the event that it becomes necessary to revise any part of this RFP, a Modification will be published on the BID web site at www.gssa.state.co.us/VenSols. It shall be the responsibility of the Offerors to regularly monitor the BIDS web site for any such postings. Failure to retrieve such Modifications, and include their provisions in your proposal response, may result in your proposal being disqualified. 1.31
Protested Solicitations and Awards
Any actual or prospective Offeror who is aggrieved in connection with the solicitation or award of a contract may protest to Cindy Fredriksen, Procurement Manager, State of Colorado Department of Public Safety, Colorado State Patrol, 700 Kipling, Denver, CO 80215, fax number 303-239-5860. The protest shall be submitted in writing within seven (7) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Reference C.R.S. Title 24, Article 109. 1.32
Public Openings of Proposals
On the date and time shown on the “State of Colorado, Request for Proposal Cover Page and Signature Page”, the CSP Procurement Office will conduct, at the delivery location identified on the Cover Page
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above, a Public Opening of Proposals. The Public Opening will only disclose the names of all Offerors who have submitted a proposal in response to the RFP. Information on costs and qualifications will be available from the CSP Procurement Office following issuance of a “Notice of Intent to Make an Award” letter. 1.33
Incurring Costs
The Department 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 fully executed by all concerned parties. 1.34
Taxes
The State of Colorado, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all state and local government use taxes C.R.S. 39-26-114(a)). Our Colorado State and Local Sales Tax Exemption Number is 98-02565. Seller is hereby notified that when materials are purchased in certain political sub-divisions (for example - City of Denver) the seller 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. 1.35
Cooperative Purchasing
This solicitation and resulting award(s) shall be “cooperative purchasing” pursuant to CRS 24-110-101, et seq. 1.36
Performance Outside the State of Colorado and/or the United States In compliance with the requirements of HB 13-1291 and pursuant to CRS 24-102-206, preference shall be given to Colorado vendors. However, upon award and after negotiation of a fully executed Contract, if performance occurs outside the State of Colorado and/or the United States, the successful Offeror shall provide written notice to the State, within 20 days of the earlier to occur of Contractor’s decision to perform, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. Upon award, knowing failure by successful Contractor to provide notice to the State shall constitute a material breach of any resulting Contract from this solicitation
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Section 2 – SCHEDULE OF ACTIVITIES AND INQUIRIES 2.1
1.
Schedule of Activities
Deadline (Mountain Times)
RFP Notice Published On The Bids System www.colorado.gov/bids
2.
Mandatory Pre-Bid Conference
3.
Prospective Contractors Written Inquiry Deadline (No Questions Accepted After This Date/Time)
Monday, January 13, 2014 Thursday, January 23, 2014, 2:00pm MT
4.
Proposal Submission Deadline (One Original plus 7 Hard Copies & One Electronic Copy on CD/Disk Required)
5.
Oral Presentations (Held at State’s Discretion)
6.
Contract Award (initial term - estimated)
7.
Tuesday, January 28, 2014
COB
Friday, February 14, 2014
2:00 PM MT
Dates to be determined during evaluation process.
7/1/14
-
6/30/16
The resulting contract may be renewed for three (3) additional 1 year terms, at the sole discretion of the State, contingent upon funds being appropriated, budgeted and otherwise made available and other contractual requirements, if applicable, being satisfied.
If the Department does not receive any qualified proposals, or, if after award, the potential Contractor is unable to meet the requirements for contracting identified in this RFP, the Department will consider it a failed procurement.
Exhibit B-1
CSPRFP1401LAB
Section 3.0 – BACKGROUND, OVERVIEW, GOALS & GLOSSARY 3.1 BACKGROUND The Colorado State Patrol (CSP) serves as a law enforcement entity under the Department of Public Safety (CDPS). The Department provides a safe environment in Colorado by maintaining, promoting and enhancing public safety through law enforcement, traffic enforcement, criminal investigations, education, and the Division of Homeland Security (DLS). The Department also provides professional support of the criminal justice system, fire safety community, other governmental agencies and private entities. The Colorado State Patrol prides itself with promoting a progressive atmosphere towards technology and intelligence-led policing. 3.2 OVERVIEW Prior to July 1, 2013, the Colorado Department of Public Health and Environment (CDPHE) provided all DUI/D blood and urine testing services for the Colorado State Patrol (CSP). July 1, 2013, CDPHE suspended these services therefore requiring CSP to partner with an independent lab that provided all the testing services required by CSP. October 21, 2013, CDPHE announced that they would not resume blood and urine testing for drugs and alcohol therefore allowing CSP to pursue a partnership with an independent lab. The CSP has approximately 750 uniformed troopers spread throughout the state of Colorado that provide law enforcement services and traffic enforcement. Among those services are processing of DUI alcohol and DUI/D (Driving under the influence of alcohol and driving under the influence of drugs) cases for eventual prosecution or dismissal. CSP processes approximately 5,000 DUI/DUID cases per year – a portion of which require DUI alcohol and DUI/D drug testing services. In addition, the successful Offeror shall provide blood and urine specimen collection kits as needed. Included with the alcohol & drug testing services is professional testimony and review services as required. As a matter of reference, on a two year average approximately 50% of all DUI/D investigations resulted in a blood test. 3.3 GOAL CSP is looking to find a qualified vendor with whom to partner to provide lab services to process blood and urine samples for drug(s) and alcohol in a timely manner. Interested laboratories shall submit proposals to provide the services as set forth in this RFP and resulting contract for the time period with services starting approximately July 1, 2014 or the effective date of any resulting contract, whichever is later. The contract is renewable as outlined in Section 1.07 and Section 2.1. The Department expects a single award.
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SECTION 4.0 – SCOPE OF WORK 4.1 INTRODUCTION Through this procurement the Colorado State Patrol is looking for a partner who can provide DUI Alcohol and DUID Drug testing services. The Lab Services partner must align with the goals and mission of the Colorado State Patrol to allow ease of use, accuracy, future growth, timely results, and solid foundation. The goals and mission of the Colorado State Patrol may be found at http://www.colorado.gov/cs/Satellite/StatePatrol-Main/CBON/1251592908196 The successful Offeror is expected to have sufficient project management, business analysis, resource development training expertise and resources to deliver successful lab services. The successful Offeror shall provide management oversight of the Offeror’s staff members assigned to this statement of work. This oversight shall include assigning the appropriately skilled staff member to tasks, meeting on a regular basis with CSP staff to report on progress, and assuring all deliverables are met on time and on budget. The CSP program manager shall oversee the statement of work. Authorization for payment will only occur after satisfactory completion and State acceptance of all deliverables.
4.2 GENERAL STANDARDS AND REQUIREMENTS (For all the following areas of Section 4, please provide a response to the requirement or indicate that your system complies with such section. If you take exception to any section, please explain.) 1. All Colorado labs must be currently certified by the Colorado Department of Public Health and Environment (CDPHE) or the American Board of Forensic Toxicology ( ABFT) and maintain such certification during the term of the agreement . Any Out-of State lab must acquire CDPHE certification or ABFT certification and adhere to the then current Forensic Toxicology Lab Guidelines (as of publication of this RFP, the current version is Version 2006), and maintain such certification during the term of the agreement. Response Requirement:
Provide proof of certification as part of your response.
2. Lab Services Offerors must be compliant with 21 CFR 820. Response Requirement:
Provide proof of compliance.
3. Lab services shall be for the Colorado State Patrol. Blood/urine Kits may be sent to awarded vendor from all CSP troop offices. (Informational only, no response requirement.) 4. Lab services to be performed shall include, but not be limited to: Alcohol testing Drug testing Page 3
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Drug panel testing Drug and Alcohol confirmation test Response Requirement: Provide a list of drug panel testing performed such as 5-panel or 7-panel, etc. Provide a list of all drugs currently testing for including all drug panel tests such as 5-panel, 7-panel, etc. 5. MANDATORY REQUIREMENT – Pre-award meeting: After submission of the proposal and prior to award, any vendor/lab submitting such proposal will be asked to attend a technical meeting with CSP staff to discuss subjects such as lab services, procedures, detection limits and CSP expectations. Such meeting will be held at a time and date to be determined and will be held at CSP headquarters at 700 Kipling St., Denver, CO 80215. Vendors will be notified of date, time and subject matter after all bids have been received. 6. Preference shall be given to laboratories located in the State of Colorado. Response Requirement: Where is your lab located? If your lab is located outside the state of Colorado and you receive the award, you will be expected to sign a vendor disclosure statement regarding contract performance outside the state of Colorado. 7. Turnaround time is not to exceed six (6) weeks for any test. Turnaround time for complex, multiple drug testing is not to exceed eight (8) weeks. Charges shall be invoiced within 30 days upon issuing results. Response Requirement: What is your lab doing to insure timely turnaround for testing results? Can you comply with the times suggested above? 8. Detection limits: Response Requirement: Vendor must provide documentation of detection limits/cutoffs. 9. Vendor shall have staff that can provide expert testimony and review services in toxicology and specimen results. Vendor shall document such experience in bid response. Response Requirement: Provide current organizational structure with a summary of staff qualifications (See Section 5.3.3 following.). 10. Lab results and accessories shall be sent to the CSP troop office submitting the sample for testing. (Informational only, no response requirement.) 11. Experience: Response Requirement: Provide documentation of relevant experience within the last three (3) years. (See section 5.3.3 following.) 12. Use of subcontractors - CSP, at its sole discretion, has the right to review and approve the use of Subcontractors within the scope and the term of this award and resulting contract. Page 4
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Response requirement:
Do you anticipate the use of sub-contractors?
13. Lab kits will be needed in sufficient quantity to cover testing needs. needed are:
The collection kits
a. As needed**: Specimen collection kit for blood – Therapak #37959g or CSP-approved equivalent: Kit is to contain (quantity 1 unless specified): Shipping box w/biohazard label Vial holder Supplemental labels to seal vials and kit (minimum 2 labels required) Blood draw specimen supplies (Vacutainer brand or CSP-approved equivalent) Needle – 21Gx1” or CSP-approved equivalent Biological fluid collection kit certificate (Toxicological Service Request Form) Iodine prep swab saturated with a 10% solution equivalent to 1% available iodine (cannot be alcohol-based) Qty 2 sterile blood collection tube (gray top) – 16 x 100mm (10ml draw) w/100mg sodium fluoride and 20mg potassium oxalate. Each tube shall be identified with contents and expiration date (BD Vacutainer or CSP-approved equivalent). b. As needed**: Specimen collection kit for urine – Therapak #23427G or CSP approved equivalent: Kit to contain (quantity 1 unless specified): Shipping box w/box seal Sealable biohazard bag Sealed urine cup (seal is to ensure inner surface is sterile prior to collection) Security seal(s) for post collection sealing Biological fluid collection kit certificate (Toxicological Service Request Form)
**It is estimated that CSP may need up to 5000 collection kits per year. Kits must meet all applicable Colorado Board of Health Regulations (5-CCR-1005-2) pursuant to Colorado Revised Statues 1973 (42-2-1301 and 42-4-1304) as amended, as of date of manufacture. If out-of-state lab, provide documentation that your specimen collection kit meets these standards. Response Requirement: What type of specimen collection kit will be provided? Please include the price of the collections kits in the Price Proposal.
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4.3
Expert Testimony Offeror shall have staff that can provide expert testimony. Further, to prevent a conflict of interest, for CSP cases, successful Lab must agree to provide expert testimony for the prosecution only. Response Requirement: Video testimony is not allowed in the State of Colorado. Include the price for all services including expert testimony in the Price Proposal.
4.4
Other Review Services as needed Offeror shall have staff that can provide review services in toxicology and specimen results when needed. Upon award, successful Contractor shall be expected to provide an informational letter explaining the process of applying the Widmark calculation to extrapolate Blood Alcohol Content (BAC) level. Such informational letter shall be valid for the term of the contract and any subsequent renewal thereof.
4.5 - TRAINING A. The vendor shall offer and provide, at no additional cost, training to designated CSP Personnel at their location. Trainers must be experienced instructors who are thoroughly familiar with all aspects of blood alcohol and drug testing. This training will ensure proper processing of samples for testing. Documentation shall be available in a digital format, separate from end-user documentation, and easy to reference for step-by-step instructions for administrative operations. Response Requirement:
4.6
Describe your training solutions.
SPECIAL CONDITIONS FOR SUCCESSFUL CONTRACTOR A.
Work Location and Environment: The work executed for this SOW will be performed at Offeror’s place of business. Any person providing such work shall not be considered employees of CDPS or the State of Colorado but are considered independent contractors.
B.
MANDATORY REQUIREMENT - Background Check: All individuals are subject to and may be required to undergo and successfully pass CDPS background check that may include fingerprinting, name-based criminal background check and polygraph test prior to engaging in the SOW.
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Section 5 – RESPONSE FORMAT AND PROPOSAL INSTRUCTIONS 5.1
Submission and General Instructions Proposals must be received on or before the date and time indicated in the Schedule of Activities, or as modified on the BIDS system. It is the responsibility of the Offeror to ensure that the Colorado State Patrol Procurement Office receives the proposal on or before the proposal opening date and time, regardless of the delivery method used. Late proposals will not be accepted. Offerors are cautioned that daily mail may not be received prior to 4:00 p.m.; therefore, if proposal is not hand delivered, Offeror should ensure proposal is received by mail or delivery service the prior day. Submit one (1) original and seven (7) copies of the proposal, as well as an electronic copy in Microsoft Word. The proposal package shall be delivered or sent by mail to: Colorado Department of Public Safety Colorado State Patrol CDPS Procurement Office 700 Kipling St. Denver, CO 80215 Attention: Cindy Fredriksen [RFP # CSPRFP1401LAB] The proposal must be signed in ink, preferable in blue ink, by an officer of the Offeror who is legally authorized to bind the Offeror to the proposal. Proposals that are determined to be at a variance with this requirement may not be accepted. A proposal signature page has been provided. Proposals must be submitted and sealed in a package with an appropriate label affixed. The label must show the following information: Offeror’s Name: RFP-No: CSPRFP1401LAB – Lab Services for the Colorado State Patrol Proposal Due Date and Time: February 14, 2014- 2:00pm MT Offerors must segregate the portion of the proposal responding to the pricing proposal so the technical proposal can be evaluated without consideration of the price or funding model. The State desires and encourages that proposals be submitted on recycled paper, printed on both sides. While the appearance of proposals and professional presentation is important, the use of non-recyclable or non-recycled glossy paper is discouraged. Sections 1 through 3 of this RFP are intended for information purposes and no response is required. Respond to all elements in Section 4, Statement of Work, utilizing the outline provided in Section 4. Responses shall follow the order of information requested in Section 5, Response Format. The proposal should present a full and complete description of the qualifications and approach to the requirements set forth in this solicitation. Section 4, Statement of Work, contained in Page 7
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this RFP represents a minimum level of response. 5.2
Page Limit While a page limit is not specified, unnecessarily elaborate proposals are not desired. Font size for basic narrative descriptions must be no smaller than 12 characters per inch. Evaluators cannot be expected to comprehend all material in exhibits whose content and relevance to the proposal description are not clearly integrated into the technical discussion. Proposals shall include the following information as set forth in Section 4 and Section 5.3.
5.3
Response Format The entire proposal is made up of these items and/or sections: Transmittal Letter Executive Summary Signature Page Technical Proposal Price Proposal These components are explained in detail in this Section 5.3. 5.3.1
Transmittal Letter The Transmittal Letter shall be brief and signed by an individual who is authorized to commit the Offeror to the goods and services, compliance with requirements and prices stated in the Offeror’s proposal, for both initial contract years and subsequent years. The letter shall follow the sequential order described below. All Offerors shall submit a Transmittal Letter on their official business letterhead together with the following required information.
a. Positively states the Offeror’s willingness to comply with all work requirements, general contract requirements and other terms and conditions specified in this RFP. b. The letter shall be signed by an individual who is authorized to commit the Offeror to the services, compliance with requirements and prices stated in the Offeror’s proposal. c. Includes a statement that by submitting a proposal, the Offeror affirms its willingness to enter into a contract containing substantially similar terms to the Draft Model Contract document published with this RFP as Exhibit B –Sample Contract. d. Include a statement that any submitted response and costs shall remain valid for one hundred twenty (120) days after the proposal due date or until the contract is approved, whichever comes first. e. Indicate the Offeror’s form of business organization (i.e., partnership, non-profit corporation, Colorado Corporation, Non-Colorado Corporation, etc.). Non-Colorado corporations must register with the Colorado Secretary of State as a foreign corporation to conduct business in Colorado and appoint a resident agent to accept service of process to conduct business in Colorado. Any foreign corporation, limited-liability company, limited-liability partnership or limited liability limited partnership must affirm
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that it currently has a Certificate of Good Standing or Certificate of Existence to do business in Colorado. Proof of such certification shall be provided upon request. f.
Includes one completed W-9 Form.
g. Disclose all current, pending or bidded contracts with the State of Colorado. h. Acknowledge receipt of all modifications to this RFP. i.
Identify all potential conflicts related to this RFP and any other services related to this contract.
j.
Identify engagement/account manager; single point-of-contact for all matters pertaining to the contract.
k. Identify any current litigation in which your company is involved. l.
Requirements Compliance Table (Exhibit A of this RFP) No reference is to be made to any pricing information within the transmittal letter or the technical proposal. If any pricing information is referred to in the transmittal letter or business proposal, the Offeror may be disqualified.
5.3.2
Executive Summary
a. Condense and highlight the contents of the proposal. The summary should provide the reader with an overall understanding of the proposal and Offeror’s approach. b. Describe your current contractual workload from the perspective of how your work with other customers may interact with the performance of the work specified herein. c. Since the State contemplates that the successful contractor will be providing Lab Services for CSP, please describe your approach for managing the acquisition or allocation of resources, the ongoing management of those resources, and the management of deliverables during the term of the contract. d. Describe the administrative approach and project management techniques that will be employed during the contract to ensure the coordination and timeliness of the work, the managerial techniques and tools proposed to control the work, and the methodologies proposed to enhance communications between the Contractor and the Department. 5.3.3
Technical Proposal The Technical Proposal shall present a full and complete description of how the Offeror proposes to meet the requirements set forth in Section 4 of this RFP. In its proposal, the Offeror should address the requirements in the same sequence they are found in this RFP. To aid evaluators in reviewing proposals, the Offeror shall first repeat the language from the RFP that describes which section of the RFP requirement to which the Offeror is responding (including the RFP section number), then the Offeror shall provide its response to that requirement. The Offeror shall not assume there will be an opportunity for oral presentations or revisions of proposals, so the most favorable proposal shall be submitted as the Offeror’s initial proposal. The competitive range determination will be based on the written proposals. The Offeror is cautioned to insure that its proposal adequately describes the proposed program and an understanding of the requirements. Page 9
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Reference and attach any supporting documents that help describe or contribute to an item. Reference to technical literature can be given in support of, but not in place of, a written answer. In addition to the requirements listed in Section 4, Offerors shall agree to or provide the following information:
a. Indicate key personnel who will be assigned to the project and describe their experience. Explain how you will ensure that equally qualified persons are assigned to the project if these individuals leave the project. The state expects that the awarded Offeror will continue to make the key project personnel available through the life of the contract as long as they remain in Offeror’s employ. The state reserves the right to approve any replacement personnel. i.
Provide an organization chart of individuals performing services under the contract.
ii.
Offerors must provide resumes with reference for employees anticipated to perform work on this project that meet the minimum qualifications required by the Department.
b. Upon award, the successful Offeror and all pertinent staff that will be given access to CSP assets, shall agree to: i.
Background check
c. Project Approach i. Describe your approach to the project [in ten pages or less]. The approach should include a description of the technical methods and tools proposed to accomplish the work. ii. Identify any materials, access, services, facilities, and documentation the Department must provide to assure success of the work. iii. Describe the methods that will be used to assure the quality of the work and the deliverables produced for the Department. d. Describe your firm’s experience with similar projects. Provide written documentation of three (3) years of experience in managing and technically performing similar projects with similar statements of work and related requirements. Include customer name or company name, point of contact, location, phone number and a brief project description along with the outcome of the project. 5.3.4
References Please provide at least three (3) and no more than five (5) references that support the Offeror’s proposal. Provide the principle contact and telephone number, as well as a brief description of work performed for each. Include the timeframe for work performed. Page 10
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The State reserves the right to include the State of Colorado and other states as additional references. The State also reserves the right, at its discretion, to contact any organization or individual that may have knowledge of the Offeror for the purpose of verifying the information provided by the Offeror. The State will check references only on the apparently successful Offeror as a method of determining responsibility; references will not be scored. In addition, any contractor performance ratings residing in the State’s Contract Management System shall be noted. 5.3.5
Price Proposal
The Offeror shall provide a cost for services in response to the Statement of Work, Section 4. a. Submit one (1) original and seven (7) copies of the Price proposal, as well as an electronic copy in Microsoft® Word software compatible with version 2007. Pricing is to be submitted in a separate sealed envelope. Offerors must segregate the portion of the proposal responding to the pricing proposal so the technical proposal can be evaluated without consideration of the price. After the technical proposal is evaluated, the price proposal will be reviewed. Offerors shall not reference dollar amounts within the technical proposal, only the separate price proposal. b. Pricing must be inclusive of administrative support, supplies, office supplies, pagers, cell phones, parking fees, meals, lodging, rents, mileage, travel expenses, training, after hours or weekend time, insurance, use of subcontractors, overhead, profit, and costs for all other items consumed, utilized, and/or required by contractor’s staff or subcontractor’s staff. Items or costs not identified in the Offeror’s Price Proposal will be the sole responsibility of the contractor.
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Section 6 – EVALUATION AND AWARD SELECTION PROCESS This section supplements paragraph 1.05, “Scope of RFP/Basis of Award” in the Colorado Solicitation Instructions/Terms and Conditions that are available through the link on the BIDS solicitation page. A. Overview The State will conduct a comprehensive, fair and impartial evaluation of the proposals received in response to this RFP. The objective of the evaluation is to determine the proposal that most effectively meets the State’s goals and requirements. The contract for this project will be awarded to the contractor whose proposal, conforming to the RFP; will be most advantageous to the State. Failure of a contractor to provide any required information and/or failure to follow the response format set forth herein may result in reduced scoring and/or disqualification of the proposal. It is the contractor’s responsibility to assure all required materials are included. The contractor should not assume they would have an opportunity for oral presentations or revisions of proposals, so they should submit their most favorable proposal as the initial proposal. Contractors may be provided an opportunity to make an oral presentation as part of the evaluation process. Determination will be based on the written proposals, so contractors are cautioned to ensure that their proposals adequately convey the soundness of their approach and understanding of the requirements. An Evaluation Committee will be established prior to opening the proposals. The CSP Procurement Manager will participate in an oversight capacity. The names of the Evaluation Committee members will not be disclosed until after an award has been made. It is common and expected that evaluators may have prior personal and/or business experience with one or more potential contractors. The State has established measures to ensure the integrity of the evaluation process, including independent review of proposals, evaluation of proposals based on content, opportunity for clarifications, and the fair and impartial treatment of all contractors. The Evaluation Committee will judge the merits of the proposals received in accordance with the evaluation factors listed below. The sole objective of the Evaluation Committee is to conduct reviews of the submitted proposals along with other information that may be requested, to hold frank and detailed discussions among themselves, and to recommend the proposal for award that is responsive and most advantageous to the State. B. Evaluation Process While a numerical rating system may be used in the initial stages of the evaluation process, the award decision ultimately is a business judgment that will reflect an integrated assessment of the relative merits of the proposals using the factors listed below. A brief overview of the evaluation process follows:
Review of all the proposals received for compliance with the RFP. Scoring and/or ranking of all proposals. Requests for clarification may be made. Any or all Offerors may be asked for such clarification. Such requests may be made at this point in the evaluation process and/or subsequent to the oral presentations, if applicable. Offerors, whose proposals at this point are deemed likely to receive an award, may be scheduled to make an oral presentation to the Evaluation Committee. Offerors may be given an opportunity to submit a best and final offer (BAFO) after the conclusion of the oral presentations. Pricing of qualifying proposals will be evaluated and compared to available funding. Page 12
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Recommendation for award will be made.
Clarifying questions, oral presentations, and BAFOs, may require revisions to original proposals. If so, Offerors will be given a reasonable timeframe in which to formulate and submit written responses to the questions and to provide any related revisions to their initial proposal. Such revisions will be at the option of the Offeror, but will be limited to the guidelines included within the State’s requested clarifications. No additional written materials will be permitted. Adjustments to pricing will also be allowed, but only to the extent such revisions are reflected in, and are consistent with, the proposal revisions. C. Basis for Award The RFP Statement of Work and Offeror’s Response Format sections describe the work to be performed and the manner in which the proposals are to be structured. Evaluation of proposals will be based on a subjective review by Evaluation Committee members (including any clarifications, oral presentations, BAFOs, and any other sources of information deemed appropriate by the Evaluation Committee) as measured against the factors listed in Section 6.1.
6.1
Evaluation Factors
The evaluation factors are: Technical Proposal: Section 4 of the RFP – Scope of Work: 4.2 General Standards and Requirements
4.3 Expert Testimony 4.4 Other Review Services 4.5 Training 4.6 Special Conditions Other factors: Transmittal Letter and Requirements Compliance Table (Section 5.3.1 & Exhibit A) Organizational Structure (org chart and resumes)(Sections 5.3.3.a.i & ii)
Project approach (Section 5.3.3.c) Experience with similar projects (Section 5.3.3.d) References (Section 5.3.4)
Price Proposal:
Price Proposal to include Cost Summary (Section 5.3.5)
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6.2
Award Methodology
An Evaluation Committee will evaluate the merits of proposals received in accordance with the evaluation factors stated in this RFP and identify the proposal that is most advantageous to the State. While numeric evaluations may be used in some aspects of the process to identify strengths and weaknesses of proposals, the final decision will be a business decision and may not be based on a numerical score. A Decision Memorandum will document the basis for the award decision. Failure of the Offeror to provide any information requested in this RFP may result in disqualification of the proposal. This responsibility belongs to the Offeror. Offerors should not assume that they will have an opportunity for oral presentations or revisions of proposals, so they should submit their most favorable proposals as their initial proposal. If award is not made on receipt of initial proposals, Offerors in the competitive range (those most responsive to the requirements and reasonably susceptible of being selected for award) may be provided an opportunity to make an oral presentation. If proposal revisions are permitted after oral presentations and discussions, a date will be established in writing by the State for submission of best and final offers. Offerors will not be provided an opportunity for comprehensive proposal revisions. The apparently successful Offeror may be required to submit for the most current reported period and a reasonable number of previous years (in order of preference) an audited financial statement, a financial statement reviewed by a certified public accountant, a third-party prepared financial statement if an audited or reviewed statement is not available, or another financial statement prepared in the routine course of the Offeror's business, in order to assist the State in making its determination of Offeror responsibility in accordance with CRS 24-103-401.
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SECTION 7 – EXHIBITS EXHIBIT A – CSPRFP1401LAB RFP requirement Copies: 1 original, 7 hard copies, 1 electronic Signature Page completed and signed Mandatory Requirements – Pre-Bid meeting attendance? Submission guidelines
REQUIREMENT COMPLIANCE TABLE RFP Proposal Reference Evaluation reference (section, page # or Y/N) Criteria Signature Page, 1.12, 5.1 Signature Page 1.09, 2.1.2 YES
Verifier
5.1
Transmittal Letter, signed
5.3.1
YES
Willingness to comply with work and contract requirements Costs to remain valid for 120 days Form of business organization W9
5.3.1.a
Current litigation?
5.3.1.k
No references to Pricing in Technical Proposal Executive Summary
5.3.1.l
Technical Proposals
Section 4
YES
Key Personnel, org chart and resumes Project Approach
5.3.3.a
YES
5.3.3.c
YES
References
5.3.4
YES
Price Proposal (Separate package?)
5.3.5
YES
5.3.1.d 5.3.1.e 5.3.1.f
5.3.2
SIGNIFY COMPLIANCE WITH RFP REQUIREMENTS BY COMPLETING COLUMN “PROPOSAL REFERENCE” AND RETURN WITH RFP SIGNATURE PAGE, TRANSMITTAL LETTER, EXECUTIVE SUMMARY AND PROPOSAL RESPONSE
This form must be completed and submitted with the Proposal for consideration in the RFP Process.
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Section 7 – Exhibits (continued) Exhibit B – Sample State Contract (See Separate Attachment)
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