Section 1: RFP General Information
The Colorado Community College System and the 13 system wide community colleges (collectively CCCS) is seeking proposals from qualified vendors to design and develop a new optimized website that is user-friendly for staff to make day-to-day updates without having to directly access source code, as well as, intuitive in design, modern, ascetically pleasing, and most importantly a tool to better tell potential partners, donors, employees, and other stakeholders, including students, who we are.
CCCS seeks to establish a long-term relationship that will be mutually beneficial to both parties. The contract awarded will be for a term of one year, with options for four (4) one-year renewals
Terry Hindsman, Purchasing Manager
9101 E. Lowry Blvd
Denver, CO 80230
Schedule of Activities:
(all times are local Colorado time)
RFP Issued via ColoradoVSS System
March 6, 2023
Written Inquiry Deadline
March 27, 2023; 5:00 PM
Proposal Submission Deadline
April 17; 2:00 PM
Vendor Conference/Demo if Scheduled
Estimated Week of May 22, 2023
Best and Final Offers (BAFOs), if needed
Estimated week of May 29, 2023
Vendors may make written 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. Send all inquiries via email, referencing the RFP number and title in the subject line, to: [email protected]
Responses to proposer’s inquiries will be published, in a timely manner, as a modification on ColoradoVSS. The only official responses to a proposer's inquiries are those responses that are published as a modification on the ColoradoVSS system. Proposers should not rely on any verbal statements that alter any specification or other term or condition of this RFP.
Registration on ColoradoVSS and Official Means of Communication
CCCS is publishing this solicitation using the Colorado Vendor Self Service System (ColoradoVSS) as the official means of communication and the Rocky Mountain BidNet system as a secondary posting for submissions. Vendors can find the ColoradoVSS site and its registration information through the State Purchasing Office link at ColoradoVSS (www.colorado.gov/VSS). Rocky Mountain Mountain Bidnet can be accessed at https://www.bidnetdirect.com/ . CCCS will require awarded vendors to register with ColoradoVSS if not already registered.
Section 2: Proposal Instructions
Proposals must be submitted via electronic bid submission through BidNet Direct, (https://www.bidnetdirect.com/) on or before the Proposal Submission Deadline. Proposals received after this time will not be considered and individual extensions to the due date will not be granted. The state will not accept an e-mail, fax or other electronic response (Dropbox, Google Docs, etc.) to this Request for Proposal. Do not submit your proposals via ColoradoVSS.
Please use the following naming convention for files submitted electronically: vendor name_type of document. For example: XYZcompany_technical proposal, Acme_cost proposal, mycompany_appendices, etc. Also, please combine all pages for the technical proposal in one document.
Page Limits and Organization
CCCS discourages overly lengthy and costly proposals. In order for the State to evaluate proposals fairly and completely, proposers should follow the format set out in the RFP and provide all information requested. Respondents must submit a complete and concise response to the RFP. Unnecessarily elaborate proposals are not desired. Proposal must include a statement as to the period of time the proposal remains valid, a minimum of 180 days.
Responses to Required Information
Unclear, ambiguous statements such as “all reasonable effort to provide” must be avoided. Failure to address any of the requirements will be subject to response to rejection and/or misinterpretation. Inability to meet any specified requirements must be so stated and thoroughly explained. Proposers shall submit one original and a number of copies and/or electronic submissions as specified in Section 2.2. Responses shall include:
- Request for Proposal Cover Sheet (Attachment A) and Cover Letter:
Proposals must include the complete name and address of Proposer’s firm and the name, mailing address, and telephone number of the person the state should contact regarding the proposal.
The Request for Proposal cover page MUST be signed by the vendor or an officer of the vendor legally authorized to bind the vendor to the proposal. Acceptable options for signature are:
- Original signature: print the Response Cover Sheet, sign by hand in wet ink, then scan in for electronic delivery.
- Signature via DocuSign. Only DocuSign in acceptable for this option. No other electronic signature options will be considered responsive.
Proposals which are determined to be at a variance with this requirement may not be accepted.
Cover letter must positively state a willingness to comply with requirements and other terms and conditions as specified in this RFP. Cover sheet and cover letter must be signed by an individual authorized to commit the vendor to the proposed work. A proposer’s failure to include these items in the proposal may cause the proposal to be determined non-responsive and the proposal may be rejected.
- Technical Proposal:
Provide a detailed technical and narrative response regarding the ability to provide the components itemized in Section 4.1 Scope of Work and Section 4.2 Deliverables.
- Understanding the Project. Responses will include comprehensive information and narrative statements that illustrate Proposer’s understanding of the requirements of the project and the project schedule.
- Methodology Used for the Project. Responses will include comprehensive information and narrative statements that set out the methodology they intend to employ and illustrate how the methodology will serve to accomplish the work and meet the State’s project schedule.
- Management Plan for the Project. Responses will include comprehensive information and narrative statements that set out the management plan they intend to follow and illustrate how the plan will serve to accomplish the work and meet the State’s project schedule, including. a detailed implementation plan with time frames and resource requirements.
- Experience and Qualifications. Responses will include a detailed explanation of your experience with similar projects and employees.
- Provide a detailed narrative describing your firm’s experience with a minimum of three (3) projects of similar size and scope in the past five (5) years.
- Provide a narrative description of the organization and capabilities of the project team and a personnel roster that identifies each person who will actually work on the contract.
- Provide a minimum of three (3) current or former clients where work has been performed within the last five years who may be contacted with respect to your firm’s reputation for high quality of work, responsibility and efficiency. Include the name, address and telephone number of the executive in each organization who can speak knowledgeably about the quality, timeliness and cost of your work.
- The State reserves the right to contact any former client with whom the proposer is known to have done business.
- Financial/Cost Proposal:
Submit pricing/cost information in a separate package from the technical proposal, clearly marked on the outside. Do not include costs in the technical proposal. Electronic copies will include separate files for financial and technical proposals. Separate discs or drives are not required. Cost proposals will be evaluated for completeness and reasonableness.
Submit a detailed cost proposal including all costs and charges for the services you are proposing, including any licenses and/or maintenance, fees, training, implementation and any other costs required. Please break down the costs by milestone for the initial design, development and migration work and provide annual costs for ongoing hosting and maintenance.
Project Completion Schedule
Project completion schedules shall be mutually agreed upon as project planning is discussed.
Descriptive Pages and Brochures
All standard descriptive information pages and brochures should be submitted in a section titled “APPENDIX.”
Evaluation of Proposals
All proposals are reviewed first to determine if they are responsive. A responsive proposal is one that fully conforms in all material respects to the RFP and all its requirements, including all form and substance. Proposals are then distributed for evaluation using the criterion set out in Section Five (5).
An evaluation may not be based on discrimination due to the race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation of the proposer. A proposal shall be evaluated to determine whether the proposer responds to the provisions, including goals and financial incentives, established in the request for proposals in order to eliminate and prevent discrimination in state contracting because of race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, or disability.
The following are general factors to be used to evaluate each proposal and determine which proposal will be awarded the contract. They are not necessarily listed in order of importance.
- Adequacy and completeness of the proposal with regard to the information specified, i.e., compliance with terms, conditions, and other provisions contained in the RFP.
- Technical Component and ability to provide required specifications
- Likelihood that proposed methodology will accomplish expected outcomes;
- Ability of the firm to perform successfully under the terms and conditions of this bid and the ensuing contract
- Cost Component
- The integrity, past performance in higher education with number of HE customers, and technical resources of the firm
- Staff availability and their experience.
- Demonstrated experience, particularly in the firm’s familiarity with a project of this scope as generally outlined in the RFP.
An evaluation team will judge the merit of proposals received in accordance with the general criteria. Individual team members will first rate proposals on the areas specified in Section 5 on a 5 point scale, with 5 being the highest. While a rating system may be used to assist the evaluation committee in making the award decision, the award decision ultimately is a business judgment that will reflect an integrated assessment of the relative merits of the proposals using the factors set forth below:
Understanding the Project
References when conducted will not be rated but will be considered on a “pass/fail” basis.
Following an individual review period, the evaluation team will meet to discuss each proposal. The evaluation team may choose to either make an award at that time or to down select vendors for a round of demonstrations/presentations. Another round of discussion and consensus rating follows the vendor presentations. Please see Section 6.13 for additional information on the evaluation process.
It is the intention of the State to evaluate proposals thereby rendering a business decision most advantageous to the State. The recommendations of this committee will be forwarded to the Purchasing Manager for approval and execution. Failure of the Bidder to provide any information requested in this RFP may result in disqualification of the proposal. The sole objective of the evaluation committee and the Purchasing Manager will be to recommend the Bidder whose proposal is the most responsive to Colorado Community College System’s needs while within available monetary resources.
There is no requirement by the State of Colorado Procurement Code to use a numerical scoring system. Evaluators are expected to independently determine strengths and weaknesses of proposals, followed by group discussion. Factors will be assessed based on the soundness of the Proposer’s approach and the Proposer’s understanding of the requirements. Assessments may include a judgment concerning the potential risk of unsuccessful or untimely performance, and the anticipated amount of State involvement necessary (beyond that reasonable necessary) to ensure timely, successful performance. The selection ultimately is a business judgment that will reflect an integrated assessment of the relative merits of proposals using the factors identified in this RFP. The State reserves the right to reject any (or all) proposals that pose, in the judgment of the State, unacceptable risks of unsuccessful or untimely performance, unacceptable State resources requirements, or costs exceeding the budget constraints. Colorado HB 14-1224 allows for the application of a preference for Service Disabled Veteran Owned Small Business (SDVOSB). In the situation where two or more comparable responses are evaluated, preference may be given to a SDVOSB.
Each Proposer’s past performance may 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 Proposer’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. Proposers without a record of relevant past performance or for whom information on past performance is not available will receive a neutral past performance rating. The State will consider Proposer’s performance on past or current State contracts with requirements similar to the State requirements for this contract. The State will consider information provided by proposer regarding any problems encountered on the identified contracts and any associated corrective actions.
Section 3: Background Information
The Colorado Community College System (CCCS) is the state’s largest provider of higher education and workforce training, consisting of 13 colleges and over 35 locations across the state, educating approximately 120,000 students annually. In addition, we train more than 4,000 Coloradans each year through customized employer training programs. Our mission is to provide accessible, responsive learning environments where students can achieve their educational, professional, and personal goals in an atmosphere that embraces academic excellence, diversity, and innovation.
The CCCS Office of Public and Legislative Affairs is seeking a vendor to design and develop a new optimized website that is user-friendly for staff to make day-to-day updates without having to directly access source code, as well as, intuitive in design, modern, ascetically pleasing, and most importantly a tool to better tell potential partners, donors, employees, and other stakeholders, including students, who we are. This will be a concept-to-completion project.
The existing CCCS website (www.cccs.edu) was designed, developed, and produced in the summer of 2018 by EMG, a marketing consultant group in Colorado. The site operates on WordPress 6.1 running the Muffin Builder version 1 Cake theme. The Muffin Builder/theme is outdated and restricts structure, functionality, and presentation of content. Outside of edits to text, images, links, html and video content, the site’s functionality has not been updated for approximately five years. There are approximately 140 pages and 420 posts as reported by CCCS.edu; not including additional PDFs, images, videos, and unlinked archive pages.
The Lowry Conference Center microsite, https://cccs.edu/conference-center/, is included in this project but only needs to be updated for mobile first – device optimization.
CCCS strives to employ principles of Universal Design and the use of the World Wide Web Consortium’s WCAG 2.1 AA standards in the design, development, implementation, and enhancement of all web-based information and services. Compliance with WCAG 2.1 for the new website is important to CCCS to ensure successful utilization of mobile device accessibility.
CCCS is eager to work with a vendor to re-engineer the site to better reflect the System’s mission and incorporate the latest web technologies. Upon completion of development and launch of the site, CCCS will assume responsibility for website content maintenance. All content, coding, and graphics will become the sole property of CCCS. CCCS will look to the vendor for ongoing development work as needed per the contract duration.
Section 4: Scope of Work
Scope of Work
The scope of this project is to redesign the existing CCCS website (www.cccs.edu) to be mobile first – device optimized, modern in site aesthetics and functionality, and easy to edit for non-technical staff. Additionally, we are seeking ongoing hosting and maintenance for the term of the contract.
- Project administration
- Establish a project manager to serve as liaison between CCCS and the vendor to keep the website project on track to completion including weekly progress reports.
- Establish a timeline to complete the project within 11 months.
- Web Discovery & Design
- Discovery Documentation: Confirm audiences, objectives, graphic look and feel, navigation, site marketing, technology issues and assumptions, required functionality, phasing, and budgetary constraints, resulting in a creative brief.
- Develop clear list of criteria by which the project success will be measured.
- Wireframes: Develop and present interactive wireframes to illustrate content positioning and interaction within the site.
- Design: Create homepage designs, template pages, and UX models.
- Developed a custom content management solution using flexible template files.
- Install CMS and database, module setup and customization, and create user roles, content types, workflows, and content views.
- Perform extensive solution compliance, browser, OS testing, device testing, acceptance testing, and final reporting.
- Website Migration
- Migrate, manually and via dynamic imports, approved and existing content for evergreen pages, solutions, resources, blogs, photos, data sheets, etc.
- Hosting and Maintenance
- Host, secure, and backup the new website, as well as CCCS’s subdomain site https://internal.cccs.edu/.
- Handoff and Staff Training
- Provide in-person training to CCCS staff.
- Provide tutorial and detailed documentation for editing content.
Specific deliverables for the website include:
- Build custom content management system that is mobile first – device optimized and supported across modern browsers.
- Evaluate and enhance UX for targeted users: State and higher education leaders, partners, donors, prospective students who are comparing options across CCCS’s colleges.
- Make recommendations on how to organize and structure content to best highlight CCCS’s resources and support for target audiences, and to support “one click” experiences where possible.
- Develop the solution on a flexible framework that will allow for easy upkeep by a non-technical staff including adding, editing, removing content, pages, navigational structure, and media elements.
- Implement a role-based system that meets the content governance requirements and necessary approval work flows for internal departments.
- Support dynamic, tagged, and shared content models to reduce the needs for replicating content in multiple areas of the website.
- Develop a framework which can continue to grow through custom development and community sourced modules.
- Ensure third party integrations to the website are supported (examples include Banner, Social Media, Google Maps, Microsoft Forms, FormStack, Meltwater, etc.)
- Ensure website supports rich media including images, image carousels and videos directly within the framework.
- Provide the ability to ‘globally’ manage content in one location and impact multiple modules/pages within the site architecture.
- Ensure blog and newsworthy content is readily shareable to popular social media networks.
- For site aesthetics, work closely with the Office of Public Affairs team to ensure design recommendations aligns with CCCS’s brand guidelines.
- Provide a series of optimized, user-selectable page templates and flexible modules to support a diverse content layouts.
- Include site sandbox or preview abilities to review changes to pages before publishing.
- Enhance CCCS’ blog section to enable users to sign up to automatically receive an email when new blog posts are published.
- Create and integrate a dynamic program database using data housed in CourseLeaf, CCCS’s academic catalog software. Examples for design and functionality for the program database include California State University degree search, California State University campus search.
- The program database will pull the following feeds: Courses, Programs, Credential Type (certificate, associate degrees, bachelors, master options). Additional search feature anticipated for the future include mode of delivery for courses and programs (online only, hybrid, on-campus), athletics, residential campuses.
- Site needs to display real time third party data that applies to all students within the CCCS network of colleges via a consumable third party API.
- Third party data should be displayed natively within the website solution and require no additional coding or editing by staff. Editing of data will occur outside the website.
- Update the Lowry Conference Center microsite, https://cccs.edu/conference-center/ for mobile first – device optimization.
- Ensure website conforms with Web Content Accessibility Guidelines (WCAG) 2.1.
- Migrate, as explained in section 4.1, web pages, blog posts, and photos, etc.
- Deliver a site that, at release, performs well within Google Page Speed Insights.
Section 5: Evaluation Criteria
All proposals will be reviewed to determine if they are responsive. They will then be evaluated using the criterion that is set out in this Section Five (5). Proposers will provide a narrative addressing their ability to provide the deliverables in Section 4.02, providing sufficient descriptions and technical information that will allow evaluation of the criterion.
Understanding of the Project
Proposals will be evaluated against the questions set out below:
- How well has the proposer demonstrated a thorough understanding of the purpose and scope of the project?
- How well has the proposer identified pertinent issues and potential problems related to the project? Did the proposer identify risks and how to mitigate them?
- To what degree has the proposer demonstrated an understanding of the deliverables the CCCS expects it to provide?
- Has the proposer demonstrated an understanding of the CCCS’ time schedule and can meet it?
Methodology/Functionality for the Project
Proposals will be evaluated against the questions set out below:
- How comprehensive is the methodology and does it depict a logical approach to fulfilling the requirements of the RFP?
- How well does the methodology match and achieve the objectives and deliverables set out in the RFP?
- Does the methodology interface with the time schedule for the RFP?
- How well has the proposer described the process(es) and functionality for the area being proposed?
- How well does the proposed functionality and features meet CCCS’ needs?
Management Plan/Administration for the Project
Proposals will be evaluated against the questions set out below:
- How well does the management plan support all of the project requirements and logically lead to the deliverables of the RFP?
- How well is accountability completely and clearly defined?
- Is the organization of the project team clear?
- How well does the management plan illustrate the lines of authority and communication?
- To what extent does the proposer already have the hardware, software, equipment, and licenses necessary to perform the contract?
- Does it appear that the proposer can meet the schedule set out in the RFP?
- Has the proposer gone beyond the minimum tasks necessary to meet the objectives of the RFP?
- To what degree is the proposal practical and feasible?
- To what extent has the proposer identified potential problems?
Experience and Qualifications
Proposals will be evaluated against the questions set out below:
Questions regarding personnel:
- Do the individuals assigned to the project have experience on similar projects?
Questions regarding the firm:
- How well has the firm demonstrated experience in completing similar projects on time and within budget?
- How successful is the general history of the firm regarding timely and successful completion of projects?
- Has the firm completed a minimum of 5 projects of similar size and scope within the last 5 years?
- If a subcontractor will perform the work on the contract, how well do they measure up to the evaluation used for the proposer?
Section 6: Administrative Information
This RFP is issued by Colorado Community College System (CCCS) Purchasing Office on behalf of the system and its thirteen colleges, and the CCCS Purchasing Office is the point of contact concerning this RFP.
Statement of Purpose
This RFP provides prospective Proposers with sufficient information to enable them to prepare and submit proposals for consideration by Colorado Community College System to achieve the goals of this RFP. This RFP provides Proposers with sufficient information to enable them to:
- Understand the scope of work as outlined in Section 4 of this RFP;
- Submit proposals related to products and services, equipment, marketing, corporate background and experience, commissions and pricing; and
- Allow for comprehensive evaluation and consideration by an impartial evaluation team.
This RFP solicitation process may include reference checks, Proposer interviews, proposal clarification sessions and the opportunity for Proposers to submit a Best and Final Offer (BAFO). CCCS reserves the right to conduct discussions and checks with other state agencies and/or clients that have conducted business with Proposers for the purpose of additional performance evaluation.
This RFP contains instructions governing the proposal to be submitted and identifies material to be included therein, mandatory requirements that must be met to be eligible for consideration, and other requirements to be met by each Proposer.
Modification or Withdrawal of Proposals
Proposals may be modified or withdrawn by the vendor prior to the established due date and time.
Addendum or Supplement to Request for Proposals
In the event that it becomes necessary to revise any part of this RFP, a modification notice will be sent via the ColoradoVSS system.
Oral Presentations/Site Visits
Proposers may be asked to make oral presentations. Such presentations will be at the Proposer's expense.
Acceptance of RFP Terms
A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of the Proposer or an officer of the Proposer legally authorized to execute contractual obligations shall indicate acknowledgment of this condition. A submission in response to this RFP acknowledges acceptance by the Proposer of all terms and conditions including compensation as set forth herein. a proposer shall identify clearly and thoroughly any variations between its proposal and Colorado Community College System’s RFP. 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 RFP.
Protested Solicitations and Awards
Any actual or prospective vendor or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Procurement Manager at the Colorado Community College System at the address specified in section 1.2. The protest shall be submitted in writing within seven working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Ref. Section 24-109, 101 et. seq., CRS, as amended; Section 24-109-101 through R-24-109-206, Colorado Procurement Rules, as amended. It is important for Proposers to note that a challenge to the solicitation's requirements or specifications should be made within seven (7) working days of when the protestable item is known. In other words, if you believe that the solicitation contains a requirement you want to protest, the protest should be submitted within the seven (7) working day time period, even if that means it is filed during the time the solicitation is still open.
Intent to Award notice of the apparent winning Proposer(s) will be made via email or letter delivered by US Mail to all responsive Proposers. The requirement for timely submission of any protest (7 working days) will begin no later than the first working day following receipt of the Intent to Award notice.
The written protest shall include, at a minimum, the following:
- The name and address of the protestor;
- Appropriate identification of the procurement by bid, RFP, or award number;
- A statement of the reasons for the protest; and
- Any available exhibits, evidence, or documents substantiating the protest.
Confidential / Proprietary Information
Any proposed restrictions for the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself.
Step 1. The proposer, with its proposal, shall submit written requests for confidentiality. The proposer 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. Separation may be accomplished by methods such as including a separate tab or section to the technical response or packaging separately from the technical response. In electronic formats, confidential material must be separated from the rest of the proposal and saved as a separate file. Commingling of confidential and/or proprietary information with other information is NOT acceptable.
Step 3. The CCCS Procurement Manager 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 the CCCS Procurement Manager does not concur with the Proposer’s request for confidentiality, the written determination will be sent to the proposer. Ref. Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records.
Step 5. If the proposer does not agree with the CCCS Procurement Manager’s determination and the parties cannot come to an agreement, the proposer may file a protest.
RFP Response Material Ownership
All material submitted regarding this RFP becomes the property of the State of Colorado. The State of Colorado has the right to retain the original proposal and other RFP response materials for its files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. The State of Colorado has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in the clause, Proprietary/Confidential Information. Proposer expressly agrees that the State may use the materials for all lawful State purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Public Records Act. Proposals may be reviewed by any person after the “Notice of Intent to Make an Award” letter has been issued, and announcement made on the State of Colorado Vendor Self Service (ColoradoVSS) system, subject to the terms of Section 24-72-201 et. seq., CRS, as amended, Public (Open) Records.
Estimated proposal prices are not acceptable. Proposal prices will be considered to be your best and final offer, unless otherwise stated in the RFP. The proposal price will be considered in determining the apparent successful Proposer.
CCCS reserves the right to adjust quantities stated in this solicitation. Available funding versus prices bid may affect actual quantities ordered. CCCS may choose to increase or decrease quantities stated in the documents depending on the circumstance. CCCS is not obligated to place any order for a given amount subsequent to the award of this solicitation. CCCS may use any stated estimated quantities in the award evaluation process. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other entities utilizing this contract. In no event shall CCCS be liable for payments in excess of the amount due for quantities of goods or services actually ordered. CCCS reserves the right to purchase additional goods and services at the same bid prices or lower within a reasonable period of time following award.
Evaluation and Discussion Process
CCCS reserves the right to award on receipt of initial proposals. Proposers not meeting the requirements identified in the RFP shall be ineligible for further consideration. The State may conduct discussions with Proposers in the competitive range for the purpose of promoting understanding of the State’s requirements and the Proposer’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 Proposers.
Proposers may be provided a date at which oral presentations will be heard. Respondents should not assume that they will be asked to give a presentation. The presentation shall consist of a Proposer briefing concerning the addressing of clarifications and deficiency items identified by CCCS. Guidelines regarding the oral presentations will be distributed to those Proposers remaining in the competitive range.
Proposers may be given an opportunity, after the conclusion of the oral presentations, to submit a best and final offer (BAFO). Proposers will be informed in writing of the date by which best and final offers are due. Proposers shall make any revisions CCCS deems necessary to clarify or correct weaknesses in their proposal. CCCS does not require complete, substantial proposal rewrites. Proposers are cautioned not to make changes in price/cost revisions that are not clearly explained and/or justified in any proposal revision. Proposers assume the risk that proposed revisions be adequately explained so CCCS understands the nature of the revisions and the risk to CCCS from unreasonable forecasts of contractor costs.
Notice of Intent to Award
Upon notice of intent to award, if requested, the Proposer may be asked to supply audited financial statements within the requested time frame. CCCS may also require a credit rating by a rating service.
Award of Contract
Award will be made to the responsible Proposer whose proposal, conforming to this RFP, will be the most advantageous to the CCCS, price and other factors considered. A responsible Proposer is a business entity or individual who has the capability and financial and technical capacity to perform the requirements of the solicitation and subsequent contract. Responsible Proposers shall not have been convicted of, or pled guilty to, crimes involving procurement fraud or damage to the environment during the previous five (5) years and shall not currently be included on any list of debarred or suspended business entities or individuals.
A contract must be completed and signed by all parties concerned. In the event the parties are unable to enter into a contract, CCCS may elect to cancel the "Notice of Intent to Make an Award" letter and make the award to the next most responsible Proposer.
CCCS requires that any contract resulting from this RFP be in the attached form as required by current Colorado statutes, fiscal rules and CCCS Procurement rules, including provisions referenced and the State Special Provisions (Section 7). Certain portions of the Contract may be edited or adjusted to reflect the actual award given a particular vendor.
Order of Precedence.
In the event of any conflict or inconsistency between terms of this request for proposal and the Proposer’s proposal, 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 last to the Proposer’s proposal.
Proposer Proposed Terms and Conditions.
Except as specified in the Proposer’s proposal, the submission of the Proposer’s proposal will indicate its acceptance of these terms and conditions. Proposer must disclose in their proposal terms and conditions or required clarifications of terms and conditions consistent with these instructions. CCCS reserves the right to clarify terms and conditions not having an appreciable effect on quality, price/cost, risk or delivery schedule during post-award formalization of the contract. Include payment terms and conditions.
Acceptance of Proposal Content
The contents of the proposal of the successful proposer will become contractual obligations if acquisition action ensues. Failure of the successful proposer to accept these obligations in a CCCS contract, purchase order, or similar authorized acquisition document may result in cancellation of the award and such proposer may be removed from future solicitations.
Pursuant to Procurement Rule 24-103-301, the State of Colorado reserves the right to cancel this RFP if it is in the best interest of the State to do so. In the event the State elects to NOT award any Proposer, or the RFP solicitation is cancelled, all received proposals must be retained as confidential and will not be subject to public inspection. The purpose for this condition is to prevent any future potential Proposers an opportunity to review other Proposers’ proposals and thereby gain any unfair advantage in submitting future proposals. Any cancellations occurring before the submittal due date will result in received proposals being returned unopened to the appropriate Proposer accompanied by a notice of cancellation letter.
State Ownership of Contract Products/Services
Proposals, upon established opening time, become the property of CCCS. All products/services produced in response to the contract resulting from this RFP will be the sole property of CCCS, unless otherwise noted in the RFP. The contents of the successful Proposer's proposal will become contractual obligations.
CCCS is not liable for any cost incurred by Proposers prior to issuance of a legally executed contract, purchase order, or other authorized acquisition document. No property interest, of any nature, shall occur until a contract is awarded and signed by all concerned parties.
The proposer shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.
Rejection of Proposal
CCCS reserves the right to reject any and all proposals, waive informalities and minor irregularities in proposals received, and to accept any portion of a proposal or all items proposed if deemed in the best interest of CCCS. Failure to furnish all information, or to follow the proposal format set forth in this RFP, may act to disqualify the proposal. It is the sole responsibility of the Proposer to ensure ALL required signature forms and the requisite number of document copies is included in its submittal package.
If a proposer is owned or controlled by a parent company, the name, main office address and parent company's tax identification number shall be provided in the proposal. The tax identification number of the Proposer responding to the RFP must also be provided.
News releases pertaining to this RFP shall NOT be made prior to execution of the contract without prior written approval by CCCS.
Certification of Independent Price
By submission of this proposal each Proposer certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement:
- 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 Proposer or with any competitor;
- Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other Proposer or to any competitor; and
- No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.
Each person signing the Request for Proposal form of this proposal certifies that:
- She/He is the person in the Proposer's organization responsible within that organization for the decision as to the prices being offered herein and that she/he has not participated, and will not participate, in any action contrary to 6.25.1(a) through 6.25.1(c) above; or
- She/He is not the person in the Proposer's organization responsible within that organization for the decision as to the prices being offered herein but that she/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 6.26.1(a) through 6.25.1(c) above, and as their agent does hereby so certify; and she/he has not participated, and will not participate, in any action contrary to 6.25.1(a) through 6.25.1(c) above.
Proposal Not Considered For Award Conditions
A proposal will not be considered for award where 6.25.1(a), 6.25.1(c), or 6.25.2 above has been deleted or modified. Where 6.25.1(b) above has been deleted or modified, the proposal will not be considered for award unless the Proposer furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or his designee, determines that such disclosure was not made for the purpose of restricting competition.
CCCS reserves the right to cancel, for cause, any contract resulting from this RFP by providing timely written notice to the contractor.
Conflicts of Interest
The holding of public office or employment is a public trust. A public officer or employee whose conduct departs from his fiduciary duty is liable to the people of the State of Colorado. Rules of conduct for public offers and State employees:
- Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty.
- A public officer or a State employee shall not:
- Engage in a substantial financial transaction for his private business purposes with a person whom he inspects, regulates, or supervises in the course of his official duties; or
- Assist any person for a fee or other compensation in obtaining any contract, claim licenses, or other economic benefit for his agency; or
- Assist any person for a contingent fee in obtaining any contract, claim, license, or other economic benefit from any State agency; or
- Perform an official act directly and substantially affecting to its economic benefit a busine
- ss or other undertaking in which she/he has a substantial financial interest.
- A head of a principle department or a member of a quasi-judicial or rule-making agency may perform an official act not withstanding paragraph (d) of subsection (2) of this section if his participation is necessary to the administration of a statute and if he complies with the voluntary disclosure procedures under section 24-18-110, C.R.S.
- Paragraph (c) of subsection (2) of this section does not apply to a member of a board, commission, council, or committee if he complies with the voluntary disclosure procedures under section 24-18-110, C.R.S. and if he is not a full-time State employee. Ref. section 24-18-108, C.R.S. as amended.
CCCS, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-0644739) and from all state and local government use taxes (Ref. Colorado Revised Statutes Chapter 39-26.114(a). Our Colorado State and Local Sales Tax Exemption Number is 98-15145-0000.
Assignment and Delegation
Except for assignment of antitrust claims, neither party to any resulting contract may assign or delegate any portion of the contract without the prior written consent of the other party.
If the RFP so states, the contractor shall procure, at its own expense, and maintain for the duration of the contract, the following insurance coverages; the State shall be issued certificates as an additional insured:
- Standard Workers' Compensation and Employer Liability as required by state statute, including occupational disease, covering all employees on or off the work site, acting within the course and scope of their employment.
- General and/or Personal Injury and/or Professional and/or Automobile Liability (including bodily injury, personal injury and property damage) with the following minimum coverage, depending on the policy format:
- Occurrence basis policy - combined single limit of $1,000,000.
- Annual Aggregate limit policy - not less than $1 million plus agreement that vendor will purchase additional insurance to replenish the limit to $1,000,000 if claims reduce the annual aggregate below $1,000,000.
- Claims-Made policy - Combined single limit of $1,000,000, plus an endorsement that extends coverage two years beyond the policy expiration date.
- Other Insurance - Vendor shall provide such other insurance as may be required by law, or in a specific solicitation.
The State of Colorado shall be named as an additional insured on all liability policies.
The insurance shall include a provision preventing cancellation without 60-calendar days prior written notice to the State by certified mail.
Vendor shall provide the following documentation to CCCS within 7 working days of a request therefor, unless otherwise provided:
- Certificate/s of adequate insurance coverage, each with a reference to the State being named as an additional insured, or
- Certificates of adequate insurance coverage and endorsement/s of additional insured coverage.
Availability of Funds
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the State of Colorado.
To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor or its employees, agents, or subcontractors, or assignees pursuant to the terms of the contract resulting from this RFP.
Use of RFP and State Seal
The successful vendor will not use any information received as a result of this contract for promoting any programs designed to provide service to State employees or College students without specific, written authorization of the Purchasing Agent. Further, the successful vendor will not conduct a program designed for the System or take advantage of the fact that they are the successful vendor for these services without the specific written authorization of the Purchasing Agent. No vendor shall use the State of Colorado Seal on any materials or for any reason without the specific, written authorization of the Secretary of State’s Office.
Independent Contractor Clause
All personal service contracts must contain the following clause:
“THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS."
The laws of the State of Colorado, U.S.A. shall govern in connection with the formation, performance and the legal enforcement of any resulting contract. Further, Title 24, C.R.S. as amended, Article 101 through 112, and Rules adopted to implement the statutes govern this procurement.
The State of Colorado reserves the right to amend the contract in response to legislative changes, which affect this project.
Nothing contained herein creates any contractual relationship between Colorado Community College System and the contractor, subcontractor, or supplier. However, bidding statements contained in the response of the successful contractor will become part of the contract for the product and services.
If after award of the contract the contractor becomes aware of possible problems which could result in delay of schedule, the contractor must immediately notify CCCS by phone (confirmation to be in writing, giving the cause, probable effect, and recommendations for alternative actions).
Nothing in the above item will be interpreted as relieving the contractor of the contractual responsibilities; however, failure to promptly notify will be basis for determining contractor negligence in an otherwise excusable delay.
CCCS is committed to facilitating access to its Colleges’ instruction, communication, and business processes for the broadest possible audience. CCCS strives to employ principles of Universal Design and the use of the World Wide Web Consortium’s WCAG 2.0 standards in the design, development, implementation, and enhancement of all web-based information and services. CCCS System President’s Policy S-125g requires that CCCS purchase from vendors who show that, in good faith, they are working towards conforming with the WCAG 2.0 standards as appropriate for the services they provide, unless an extraordinary circumstance exists.
Contract Performance for Services Outside US or Colorado
After award of the contract, Contractor shall provide written notice to the State within 20 days of the earlier to occur of either 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. All notices received by the State pursuant to this requirement shall be posted on the Colorado Department of Personnel & Administration’s website. Knowing failure by Contractor to provide notice to the State under this requirement shall constitute a material breach of this Contract.
Service Disabled Veteran Owned Small Businesses (SDVOSB)
In accordance with House Bill 14-1224, CCCS reports on contracts with Service Disabled Veteran Owned Small Businesses (SDVOSB). HB 14-1224 also allows for the application of a preference for SDVOSBs. In the situation where two or more comparable responses are evaluated, preference may be given to a SDVOSB. Bidders who qualify as SDVOSB under the terms of HB 14-1224 are requested to submit proof of certification with their response.
Small, Disadvantaged, Minority and/or Women-Owned Businesses
Colorado Community College System hereby notifies all bidders in regard to any contract entered into pursuant to this advertisement, small and disadvantaged business enterprises will be afforded full opportunity to this advertisement and will not be discriminated against on the grounds of race, religion, color, sex, age or national origin in consideration for an award.
It is the State’s goal to achieve maximum participation of minorities and women-owned businesses in the procurement process. Accordingly, minority and women-owned business enterprises are to be utilized whenever possible. By the submission of a proposal, the contractor shall agree to utilize the maximum amount of minority and women-owned business firms that the contractor finds to be consistent with the efficient performance of any resulting contract.