the colorado community college system solicits … web viewit is colorado community college...

Colorado Community College System Request For Proposals (RFP) Cover Sheet

SOLICITATION NUMBER: DEADLINE / DUE DATE AND TIME:

CCCS RFP 15-008January 8, 2015

2:00 PM MTDESCRIPTION:

Disaster Recovery/Business Continuity System Solution

PURCHASING CONTACT: PHONE NUMBER:Terry Hindsman 720-858-2772

PLEASE SUBMIT ONE (1) UNBOUND ORIGINAL PLUS TEN (10) COPIES OF PROPOSAL. The original should be unbound. Also submit one (1) electronic copy (CD, DVD, Flash/Thumb Drive, etc.).

Submit to: Colorado Community College System, Purchasing Office, 9101 E Lowry Blvd, Denver, CO 80230

THIS COMPLETED PAGE MUST BE SIGNED AND RETURNED WITH YOUR PROPOSAL.

COMPANY NAME__________________________________________________________________________ADDRESS: ________________________________________________________________________________CITY/STATE/ZIP____________________________________________________________________________PHONE: __________________________________ TOLL FREE #_____________________________________

AUTHORIZED SIGNATURE ___________________________________________________________________TYPED/PRINTED NAME_____________________________________________TITLE____________________________________________________________EMAIL ADDRESS _______________________________________________________F.E.I.N._________________________________________________________________

CONTACT PERSON (IF DIFFERENT)_______________________________________PHONE _____________________________ EMAIL ____________________________ADDRESS (IF DIFFERENT) ___________________________________________________________________

__________________________________________________________NOTE: Telegraphic or electronic bids (fax, Western Union, telex, e-mail, Dropbox, Google Docs, etc.)will not be accepted. Bidders are urged to read the Solicitation document thoroughly before submitting a Bid.

Bidder to answer and acknowledges the following by its signature above: Are you registered with the State of ColoradoVSS (Vendor Self Service) system? _______Yes ______NoDo you anticipate services or subcontracting services outside the United States or Colorado? _______Yes ______NoProprietary information is in my response and, if so, as segregated pages: _______Yes _______NoUsing the federal government definition, does your firm qualify as:_____ Woman Owned business_____ Minority business - if yes, state ethnicity:___________________ Service-Disabled Veteran Owned Small Business (SDVOSB) located in Colorado – If yes, provide documentation issued through the US Dept. of Veterans Affairs

CCCS RFP 15-008 - 1 –Disaster Recovery/Business Continuity

SECTION 1: Invitation for Proposal

Colorado Community College System(CCCS or the System) is issuing a Request for Proposal for a multi-year exclusive disaster recovery system solution.

Proposals must be submitted in a sealed envelope/package marked Disaster Recovery System Solution, Proposal Number CCCSRFP15-008”, to be opened January 8, 2015 at 2:00 p.m.”

It is Colorado Community College System’s intent to evaluate appropriate contractors to providedisaster recovery services to the 13 state-wide colleges and the Lowry Campus. Contractor shall demonstrate to Colorado Community College System satisfaction that it is of sound financial condition and is adequately bonded and insured as required. The contract awarded will be for a term of one year, with options for four (4) one-year renewals.The State reserves the right to cancel this entire Request for Proposal or individual Phases at any time, without penalty.

This solicitation is published using the Colorado Vendor Self Service System (ColoradoVSS). Offerors must be registered on ColoradoVSS in order to download solicitation documents and information.Offerors must be registered for ColoradoVSS as of the bid submission deadline in order to be considered responsive. ColoradoVSS and its registration information may be linked through the State Purchasing Office link at www.colorado.gov/VSS.

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.

CCCS further notifies all bidders that any contract entered into as a result of this advertisement will require that Contractor certify, warrant, and agree that it will not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract.


http://www.colorado.gov/VSS

The State of Colorado requires disclosure of performance that will be accomplished outside of the United States. In addition to all bid requirements, the disclosure statement attached to this solicitation must be completed and turned in with the bid in order for the bid to be considered responsive. Please be advised that telegraphic or electronic responses (Fax, DropBox, Google Docs,Western Union, Telex, etc.) cannot be accepted directly in the Purchasing Office as a sealed proposal. Bidders are urged to read the document thoroughly before submitting a response.

Response must be signed by a representative of the vendor who is legally authorized to bind the offeror to the proposal. All vendor(s) will be required to submit confirmation of an F.E.I.N. number prior to any issuance of Contracts, Purchase Orders, or payments resulting from this RFP.


SECTION 2 - ADMINISTRATIVE INFORMATION

2.1 Issuing OfficeThis 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.

2.2 Official Means of CommunicationThis solicitation is published using the Colorado Vendor Self Service System (ColoradoVSS). Offerors must be registered on ColoradoVSS in order to download solicitation documents and information, and must be registered for ColoradoVSS as of the bid submission deadline in order to be considered responsive. ColoradoVSS and its registration information may be linked through the State Purchasing Office link at www.colorado.gov/VSS.

During the solicitation process for this RFP, all official communication between CCCS’s Purchasing Office and Offerors will be via postings on ColoradoVSS. CCCS will post notices that will include, but are not limited to, modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent awardedOfferor. It is incumbent upon Offerors to monitor the ColoradoVSS carefully and regularly for any such postings.

2.3 Statement of PurposeThis RFP provides prospective Offerors 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 Offerors with sufficient information to enable them to:

1. Understand the scope of work as outlined in Section 3 of this RFP;2. Submit proposals related to products and services, equipment, marketing, corporate

background and experience, commissions and pricing; and3. Allow for comprehensive evaluation and consideration by an impartial evaluation team.

This RFP solicitation process may include reference checks, Offeror interviews, proposal clarification sessions and the opportunity for Offerors 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 Offerors for the purpose of additional performance evaluation.

2.4 ScopeThis 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 Offeror.


http://www.colorado.gov/VSS

2.5 Schedule of Activities

Activity Date (all times are local Colorado time)

RFP Issued via Colorado VSS System December 5, 2014Written Inquiry Deadline December 12, 2014, 3:00 PM Pre-proposal Vendor Meeting (held live at CCCS and via WebEx)

December 15, 2014, 1:30 PM

Responses to Inquiries Published December 19, 2014, 5:00 PMProposal Submission Deadline January 8, 2015, 2:00 PM

Vendor Conference/Demo/Site Visit if Scheduled; Expected date of vendor presentations, site visits and due-diligence process.

By invitation only – Expected to be Wednesday, February 4, 2015

Best and Final Offers (BAFOs), if needed As soon as possible

2.6 Optional Pre-bid Meeting and Written InquiriesPotential respondents are invited to attend an optional pre-proposal meeting to familiarize themselves with the existing conditions and satisfy themselves as to the nature and scope of the work to be done and the difficulties that may exist.

The optional pre-proposal meeting will be held from 1:30 – 3:00 PM on December 15, 2014 on the Colorado Community College System’s Lowry Campus. The meeting will be held at the CCCS Information Technologies Building located at: 1059 Alton Way, Denver, CO 80230 in Room 141 located on the 1st Floor.In addition, this meeting will be held via WebEx conferencing. Interested vendors should send an email request to Terry Hindsman for log in information prior to 1:00 PM on December 15, 2014.

Vendors are requested to submit written inquiries concerning this RFP by December 12, 2014 at 3:00 PM so that CCCS can prepare appropriately and also to ensure necessary technical staff are present. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Send all inquiries via email, referencing “RFP 15-008Disaster Recovery/Business Continuity System Solution” in the subject lineto: [email protected].

The only official responses to an Offeror's inquiries are those responses that are published as a modification on the BIDS system. Offerors should not rely on any other statements that alter any specification or other term or condition of this RFP.

2.7 Modification or Withdrawal of ProposalsProposals may be modified or withdrawn by the vendor prior to the established due date and time.


mailto:[email protected]

2.8 Proposal SubmissionProposals must be received on or before the date and time indicated in the Schedule of Activities. Late proposals will not be accepted. It is the responsibility of the vendor to ensure that CCCS receives the proposal on or before the proposal opening date and time. Vendors mailing their proposals shall allow sufficient mail delivery time to ensure receipt of their proposals by the time specified. The proposal package shall be delivered or sent to:

Colorado Community College SystemATTN: Purchasing Office9101 E. Lowry Blvd.Denver, CO 80230

The Request for Proposal cover page MUST be signed in ink by the vendor or an officer of the vendor legally authorized to bind the vendor to the proposal. The signed Request for Proposal cover page is to be included with the proposal copy that is marked ORIGINAL. Proposals which are determined to be at a variance with this requirement may not be accepted. Proposals must be submitted and sealed in a package. The outer envelope of the package must show the following information:

OFFEROR’S NAMERFP-NO.PROPOSAL DUE DATE AND TIME

CCCS 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.

2.9 Addendum or Supplement to Request for ProposalsIn the event that it becomes necessary to revise any part of this RFP, a modification notice will be sent via the BIDS system.

2.10 Oral Presentations/Site VisitsOfferors may be asked to make oral presentations. Such presentations will be at the Offeror's expense.

2.11 Acceptance of RFP TermsA proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of the Offeror or an officer of the Offeror legally authorized to execute contractual obligations shall indicate acknowledgment of this condition. A submission in response to this RFP acknowledges acceptance by the Offeror of all terms and conditions including compensation as set forth herein. An Offeror 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.

2.12 Protested Solicitations and AwardsAny actual or prospective vendor or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Procurement Managerat the Colorado Community College System at the address specified in section 2.8. 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. It is important for Offerors to note that a challenge to the solicitation's requirements or specifications should be made within 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 7 working day time period, even if that means it is filed during the time the solicitation is still open.

An Intent to Award notice of the apparent winning Offeror(s) will be made via email or letter delivered by US Mail to all responsive Offerors. 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:

A. The name and address of the protestor; B. Appropriate identification of the procurement by bid, RFP, or award number; C. A statement of the reasons for the protest; and D. Any available exhibits, evidence, or documents substantiating the protest.

2.13 Confidential / Proprietary InformationAny restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself. A separate written request for confidentiality shall also be submitted by the Offeror with the proposal.Such requests must include justification for each request. It is not acceptable to label the entirety of the proposal as proprietary or confidential. The Offeror must state specifically what elements of the proposal are to be considered confidential/proprietary. All such information must be indicated with the following or similar statement:

“The information contained on pages ________ shall not be duplicated, used in whole or in part for any purpose other than to evaluate the proposal provided, that if a contract is awarded to this firm, as a result of the submission of such information, Colorado Community College Systemshall have the right to duplicate, use or disclose this information to the extent provided in the contract. This restriction does not limit the right of Colorado Community College Systemto use the information contained herein if obtained from another source.”


Confidential/proprietary information must be readily identified, marked and separated 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. Because CCCS responds to all open records requests, co-mingling of confidential/proprietary and other information does not provide a means for exclusion and 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. CCCS will make a written determination as to the apparent validity of any written request for confidentiality. In the event CCCS 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.

2.14 RFP Response Material OwnershipAll 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. 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. 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 BIDS system, subject to the terms of Section 24-72-201 et. seq., CRS, as amended, Public (Open) Records.

2.15 Proposal PricesEstimated 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 Offeror.

2.16 QuantitiesCCCS 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.


2.17 Evaluation and Discussion Process

CCCS reserves the right to award on receipt of initial 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.

Offerors 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. If requested, the presentation should not exceed one hour including setup time, questions, and answers. Respondents will have no more than four representatives present during the presentation. The presentation shall consist of an Offeror briefing concerning the addressing of clarifications and deficiency items identified by CCCS. Guidelines regarding the oral presentations will be distributed to those Offerors remaining in the competitive range.

Offerors may be given an opportunity, after the conclusion of the oral presentations, to submit a best and final offer (BAFO). Offerors will be informed in writing of the date by which best and final offers are due. Offerors shall make any revisions CCCS deems necessary to clarify or correct weaknesses in their proposal. CCCS does not require complete, substantial proposal rewrites. Offerors are cautioned not to make changes in price/cost revisions that are not clearly explained and/or justified in any proposal revision. Offerors 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.

2.18 Notice of Intent to AwardUpon notice of intent to award, if requested, the Offeror may be asked to supply audited financial statements within the requested time frame. CCCS may also require a credit rating by a rating service.

2.19 Award of ContractAward will be made to the responsible Offeror whose proposal, conforming to this RFP, will be the most advantageous to the CCCS, price and other factors considered. 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 Offeror.

2.20 Standard ContractCCCS 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 (Attachment A). Certain portions of the Contract may be edited or adjusted to reflect the actual award given a particular vendor.

2.20.1 Order of Precedence.In the event of any conflict or inconsistencybetween terms of this request for proposal and the Offeror’s proposal, suchconflict or inconsistency shall be resolved first, by giving effect to the terms andconditions of the contract, second to the request for proposal, and last to the Offeror’s proposal.

2.20.2 Offeror Proposed Terms and Conditions. Except as specified in the Offeror’sproposal, the submission of the Offeror’s proposal will indicate its acceptance ofthese terms and conditions. Offeror must disclose in their proposal terms andconditions or required clarifications of terms and conditions consistent with theseinstructions. CCCS reserves the right to clarify terms and conditions not havingan appreciable affect on quality, price/cost, risk or delivery schedule during post-award formalization of the contract. Include payment terms and conditions.

2.21 Acceptance of Proposal Content The contents of the proposal of the successful offeror will become contractual obligations if acquisition action ensues. Failure of the successful offeror to accept these obligations in a CCCS contract, purchase order, or similar authorized acquisition document may result in cancellation of the award and such offeror may be removed from future solicitations.

2.22 RFP CancellationPursuant 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 Offeror, or the RFP solicitation is cancelled, all received proposals must be retained as confidential and will not be subject to public inspection. The purpose for this condition is to prevent any future potential offerors an opportunity to review other offerors’ proposals and thereby gain any unfair advantage in submitting future proposals. Any cancellations occurring before the submittal due date will result in received proposals being returned unopened to the appropriate Offeror accompanied by a notice of cancellation letter.

2.23 State Ownership of Contract Products/ServicesProposals, 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 Offeror's proposal will become contractual obligations.

2.24 Incurring CostsCCCS is not liable for any cost incurred by Offerors 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.


2.25 Non-DiscriminationThe offeror 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.

2.26 Rejection of ProposalCCCS 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 Offeror to ensure ALL required signature forms and the requisite number of document copies are included in its submittal package.

2.27 Parent CompanyIf an Offeror 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 Offeror responding to the RFP must also be provided.

2.28 News ReleasesNews releases pertaining to this RFP shall NOT be made prior to execution of the contract without prior written approval by CCCS.

2.29 Certification of Independent Price

2.29.1 CertificationBy 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.

2.29.2 Individual CertificationEach person signing the Request for Proposal form of this proposal certifies that:

(a) She/He 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 2.29.1(a) through 2.29.1(c) above; or (b) She/He 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 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 2.29.1(a) through 2.29.1(c)above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to 2.29.1(a) through 2.29.1(c) above.

2.29.3 Proposal Not Considered For Award ConditionsA proposal will not be considered for award where 2.29.1(a), 2.29.1(c), or 2.29.2 above has been deleted or modified. Where 2.29.1(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.

2.30 Contract CancellationCCCS reserves the right to cancel, for cause, any contract resulting from this RFP by providing timely written notice to the contractor.

2.31 Conflicts of InterestThe 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:1. Proof beyond a reasonable doubt of commission of any act enumerated in thissection is

proof that the actor has breached his fiduciary duty. 2. A public officer or a State employee shall not:

a. Engage in a substantial financial transaction for his private business purposeswith a person whom he inspects, regulates, or supervises in the course of hisofficial duties; or

b. Assist any person for a fee or other compensation in obtaining any contract, claimlicenses, or other economic benefit for his agency; or

c. Assist any person for a contingent fee in obtaining any contract, claim, license, orother economic benefit from any State agency; or

d. Perform an official act directly and substantially affecting to its economic benefita business or other undertaking in which he either has a substantial financial interest.

3. A head of a principle department or a member of a quasi-judicial or rule-makingagency 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 ifhe complies with the voluntary disclosure procedures under section 24-18-110,C.R.S.

4. Paragraph (c) of subsection (2) of this section does not apply to a member of aboard, commission, council, or committee if he complies with the voluntarydisclosure procedures


under section 24-18-110, C.R.S. and if he is not a full-timeState employee. Ref. section 24-18-108, C.R.S. as amended.

2.32 TaxesCCCS, 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.

2.33 Assignment and DelegationExcept for assignment of antitrust claims, neither party to any resulting contract may assign or delegate any portion of the agreement without the prior written consent of the other party.

2.34 InsuranceIf 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 statestatute, 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:

1. Occurrence basis policy - combined single limit of $1,000,000.2. 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 $1,000,000.3. 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.

2.34.1 Additional InsuredThe State of Colorado shall be named as an additional insured on all liability policies.

2.34.2 Cancellation PreventionThe insurance shall include a provision preventing cancellation without 60-calendar days prior written notice to the State by certified mail.

2.34.3 Insurance DocumentationVendor shall provide the following documentation to CCCS within 7 working days of a request therefor, unless otherwise provided:

1. Certificate/s of adequate insurance coverage, each with a reference to the


State being named as an additional insured, or2. Certificates of adequate insurance coverage and an endorsement/s of additional insured coverage.

2.35 Availability of FundsFinancial 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.

2.36IndemnificationTo 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.

2.37 Use of RFP and State SealThe 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 materials or for any reason without the specific, written authorization of the Secretary of State’s Office.

2.38Independent Contractor ClauseAll 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."

2.39VenueThe 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.


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

2.41Contractual ObligationNothing 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 delayof 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.

2.42 Contract Performance for Services Outside US or ColoradoAfter award of the contract, Contractor shallprovidewrittennoticetotheStatewithin20 daysoftheearliertooccurofContractor’sdecisiontoperform,oritsexecutionofanagreementwithaSubcontractortoperform,ServicesoutsidetheStateofColoradoand/ortheUnitedStates.Suchnoticeshall specifythetypeofServicestobeperformedoutsidetheStateofColoradoand/ortheUnitedStatesandthe reasonwhyitisnecessaryoradvantageoustoperformsuchServicesatsuchlocationorlocations.All noticesreceivedbytheStatepursuanttothisrequirementshallbepostedontheColoradoDepartmentof Personnel&Administration’swebsite.KnowingfailurebyContractortoprovidenoticetotheStateunder thisrequirementshallconstituteamaterialbreachofthisContract.

2.43 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.


Section 3: SCOPE OF SERVICES REQUESTED

3.1 BackgroundThe Colorado Community College System (CCCS) consists of 13 colleges throughout Colorado, with 36 campuses or sites. CCCS is the largest and fastest growing institution of higher education in the state, serving approximately 145,000 students. Details about the Colorado Community College System and its colleges can be found at www.cccs.eduCCCS is governed the State Board for Community Colleges and Occupational Education (SBCCOE).

Daily operations at the system level are run by the system president and executive staff. Day to day operations at the colleges are overseen at the executive level by each of the thirteen college presidents. The system, by statute, is responsible for centralized information technology systems that are used by all the colleges. Those centralized systems are operated and supported by CCCS Information Technologies (CCCS-IT) and include the ERP system, Ellucian Banner, for Student, Financial Aid, Finance, Advancement and Human Resource/Payroll, Recruiter, Degree Works, Operational Data Store/Enterprise Data Warehouse, Microsoft Exchange, Voice Over IP telephony and the Wide Area Network (WAN). Because the colleges are dependent on these key enterprise systems and currently CCCS-IT has a single data center located in central Denver at the former Lowry Air Force Base which now houses the System offices, the Colorado Community College System is seeking a Disaster Recovery site and Business Continuity failover site for its key systems: Banner, Exchange and the WAN. Details and technical specifications on these systems are found elsewhere in this document. It is the intent of CCCS to minimize to the extent possible technically and financially, any down time associated with a failure at its current data center location and have a secure, stable and robust location where these systems can continue to operate as required by the colleges. Also included in the requirements are real time data storage for disaster recovery purposes, a clear approach to business continuity in terms of the length of down time prior to failover, annual tests of the included systems and sufficient redundancy to keep the required systems fully operational for an extended period of time including test and development systems, not only production systems.

3.2 Statement of WorkThe goal of this project is to develop and implement a disaster recovery plan and environment, ensure a determined and established level of business continuity for key enterprise systems and additional backup/recovery systems to protect the data of CCCS in situations of unforeseen natural and man-made disasters. CCCS wants to ensure the CCCS data is protected from loss due to unavoidable circumstances and that CCCS critical systems remain up and operational throughout a disaster. Because of the ebb and flow of transactions from the colleges, the failover systems MUST support the highest level of need from the colleges which typically occurs at the start of an academic semester. A partial solution or minimal level of throughput is not acceptable. Access to failed-over systems must be consistent, transparent and not require a significant level of manual intervention to operate.


http://www.cccs.edu/

CCCS-IT provides several mission critical services to thirteen community colleges and the system office’s internal business processes, faculty, staff and students. These services are provided by core CCCS-IT infrastructure environments which include independent and virtualized servers participating in an Active Directory Security Domain. The CCCS-IT servers and domain are connected using several networking components including, routers, switches and firewalls. The CCCS-IT environment serves approximately 10,000 employees and 145,000 students. CCCS-IT has approximately 330 servers in a combination of stand-alone and virtual configurations. There is approximately 273 terabytes of total disk space including server and disk arrays with approximately 123 terabytes containing data. Additionally, CCCS-IT hosts a centralized ERP system, centralized Microsoft Exchange email, Wide Area connectivity and Internet access for the entire system.

CCCS is requesting a narrative response and documentation to support the following Statement of Work requirements:

3.2.1 Critical IT ServicesThe scope of this project includes the following business critical IT Services, including all the

integrated applications, software, hardware and network infrastructure.1. Internet access including the following services (firewalls, intrusion

detection/prevention, malware protection, phishing protection, SPAM protection and prevention of illegal P2P file downloads.

2. WAN Redundancy – This requires the build out of a redundant network ring connecting key locations around the CCCS network to the current data center and the DR location. CCCS staff would be responsible for the configuration and maintenance of the hardware required for this connectivity but the hardware can be owned by the provider. Additionally the circuits required for the redundant ring should be provided by the DR/BC site. See attached diagram.

3. Banner Applications – This is the centralized ERP system that supports the registration of students, tuition collection, payroll, personnel, purchasing and finance. See spreadsheet for current system requirements.

4. E-Mail services – This is the centralized Microsoft Exchange 2010 environment which will need to house the redundant systems to ensure user access to messaging services. With the E-Mail services piece physical CCCS servers for our External DNS and Active Directory will need to be housed in the facility.

5. All systems will need to run and function under a VMWareESXi environment. Be compliant with the Cisco Power Network standards and have the ability to replicate data from existing EMC VNX storage as well as physically host our redundant EMC Avamar/Data Domain Backup system. The CCCS Backup system maintains 35 days of backups to disk and replicates those backups to an offsite location currently housed at one of our College campuses. The offsite equipment would be relocated to the DR/BC facility.

6. Access to outside systems such as Desire2Learn, Higher One, Office365 (Student Email), CORE, SURDS, Colorado Department of Higher Education, etc. Access can related to log


in capability through Active Directory and/or LDAP or may be the ability to submit secure data transfers through FTP or other means.

7. Physical and virtual security to the facilities must provided 24/7/365 with both network and physical monitoring required. Physical security must be two factor authentication at a minimum with realtime monitoring via cameras. Access to the equipment housing CCCS data must also be secured physically as well as logically.

3.2.2 Colocation1. Location requirements

a. Data center must be within 150 milesof Denver, CO to facilitate rapid access to any CCCS owned equipment that may be installed on site.

b. Should any cloud services be used to house CCCS data those services must be located within the United States.

2. Physical Security to the building/location must be provided 24/7/365 with multifactor access controls to the facility along with monitoring systems. Logs of physical access must be provided on a regular schedule as well as when requested. Access to equipment and racks must be secured and monitored as well.

3. Power to the facility must be redundant with battery backup and generators in a N+1 configuration minimum to avoid single points of failure including power providers.

4. Cooling to the equipment racks must be N+1 redundant with no single points of failure to chillers and cooling units.

5. Facility must provide access for data circuits using multiple carriers.

3.2.3. Data Redundancy/Disaster Recovery

All of CCCS’ regular backups will have at least two copies maintained at the Disaster Recovery site and will follow our current retention policy and inventory. Real time data transfer of Banner/Oracle databases and Exchange will occur on an ongoing basis as a part of the backup/recovery process and to provide the data for the failover capability Data stores for the failover hot site will be separate from the disaster recovery data stores. See inventory below of all of CCCS’ backups and retention policies. CCCS has existing hardware that potentially could be co-located to the DR facility.

3.2.4 NetworkThe CCCS network is comprised of 4 separate private clouds across the State of Colorado. These private clouds are of a MPLS nature allowing access within the clouds any-to-any. These private clouds connect back to key locations and eventually to the existing CCCS data center located at Lowry. Part of this DR/Business Continuity project is to provide a fully redundant ring to 5 key locations, which will include the DR location. Each of these locations will provide the access to the 4 separate clouds with redundant connectivity for each cloud to 2 of the 5 locations. Additionally the DR site will need to have a connection to the existing data center for traffic between the two data centers to traverse. Attached are a current CCCS WAN diagram and a diagram for the proposed redundant ring.


Existing WAN DiagramPlease See Exhibit A – attached to solicitation separately in VSS

Proposed WAN ring

Please see Exhibit B – attached separately to the solicitation in VSS


Banner Application Versions


Banner and Exchange Infrastructure


Section 4: VENDOR RESPONSE

Provide a detailed narrative response to each of the areas and questions below. Please reference Section 5 for additional details on response format.

4.1 Corporate Profile Please answer the following questions to give an overview of your company.

OverviewPlease give a brief history of your company, the product and service offerings, and describe the core competencies.

Client ExamplesPlease provide a few of your current clients to be used as examples. Specifically, some of your clients that are using similar products and services as the ones requested in this proposal. Provide description of one or more project(s) of similar size and scope within the last 5 years.

Service Level Agreements (SLA)Please provide sample SLA’s that you would propose to CCCS as a part of the contract. We understand that exact SLA’s will be based on a variety of factors and cannot be determined at this time.

HQ LocationPlease provide the address of your corporate headquarters.

Data Center LocationsPlease provide the locations of your other data centers. Please provide any certifications that you have associated with your data centers such as Physical and Environmental Security, Employee Security and/or Access Control.

Management TeamPlease provide the names, titles, and background of your top corporate executives.

Alliances & Strategic RelationshipsPlease list and describe any alliances or strategic relationships you have with fellow technology companies including the ones listed here:

Ellucian Oracle MIcrosoft

Relevant Awards and RecognitionPlease list and describe any relevant awards your company has received in the last 2 years.


Community InvolvementPlease describe how your organization is involved in the community (volunteering, community service, programs for non-profits, etc.).

Commitment to SustainabilityPlease describe how your organization supports sustainability, both in your industry and in the larger community.

Relevant Memberships and CertificationsPlease list relevant Memberships and Certifications not listed previously.

4.2 Data Transfer and Failover Process Specifics

Ideally CCCS would implement a Business Continuity hot site failover for its key enterprise systems with no or minimal downtime between transition from the existing data center to the DR/BC site. Respondents to the RFP must explain how the failover process will occur. Failover of greater than four hours is not acceptable.

1. Describe in detail the data transfer process from the Lowry Data Center to your data center. List any software applications/utilities that are required. Identify the bandwidth requirements for data transfer. Software applications/utilities and bandwidth costs should be provided in the cost section.

2. Provide a detailed description of the failover process. Your narrative should include detailed explanation and, if necessary, diagrams of how the failover process would occur and how the return to the CCCS data center would occur when it was deemed appropriate

3. Would the failover process require longer than 5 minutes? If yes, provide detailed explanation as to why.

4. Are there are significant cost differences between failover of five minutes, thirty minutes, one hour, two hours or four hours? Please clearly delineate those cost differences and why.

4.3 Facility Specifics

Overview1. Where is the location of this center?2. What is the size of the building?3. Who is the Data Center Manager?4. Was the building purpose built or retrofitted? When?5. How long was the build or retrofit process before completion?6. Do you have a process for rapid scalability and deployment?


7. Are there additional or future construction plans?8. What materials were used in the construction of the building? 9. What is the exterior wall construction/thickness? Exterior windows/glass thickness? 10. What materials were used in the construction of the roof? What’s the age, wind uplift

rating (lbs./sq.ft.), type of roof deck, etc.11. What existing roof equipment & penetrations are in place? What lightning protection do

you have?12. What is the ceiling height in feet?13. What green initiatives are in place at this facility?

Data Center Space1. How many square feet of raised floor do you have at this facility?2. What is the height of the raised floor and what containment types are permitted?3. How many square feet of ancillary space do you have at this facility? 4. What are the delivery procedures in place?5. Where is the delivery area located?

Electrical Specifications1. What is the designed power density of this facility?2. What are the max/min densities? 3. What is the aggregate power capacity? 4. How many utility power feeds does this facility have? What is the voltage? What type of

distribution? 5. Describe your utility source and diversity paths.6. What type of fuel is used for the power used by this facility? 7. What is the holistic power description? Provide the design from cabinet to utility feed. 8. How many generators are available to this facility? What is their output capacity? What

is their configuration? What is their maintenance schedule? 9. What is the fuel capacity of each generator in gallons? What is the fuel type? What is

the runtime at maximum load? 10. What is the emergency fuel delivery program? How many contracted fuel providers do

you have? (Ensure sufficient fuel deliveries are under contract to provide fuel in the case of an emergency)

11. How many UPS systems do you have at this facility? What is the size in KW? What is the configuration? What is the output capacity and power factor? What is the maintenance schedule? What is the average run time? Do you oversubscribe at any component of the power architecture?

12. What type of grounding does this facility have?

Cooling Specifications1. What is the aggregate cooling output in tons?2. What is the design PUE? What is the actual/operating PUE? (Ensure the PUE is at least

1.8 or lower. The PUE is important because it indicates how efficient the data center is


running. The lower the PUE number, the more efficient the facility and the lower your power costs could be.)

3. Is this facility water cooled or air cooled?4. If water cooled, what is this facilities water source? How many feeds?

a. How many cooling distribution loops does this facility have? How far is it from the main system? What is the temperature in the pipe?

5. What types of cooling systems are in place? How many are in place? How big are they? How are they configured? How many feeds per unit?

6. Is the humidification in unit or external?7. What is the operating temperature? What humidity standards does this facility have?8. What leak detection and monitoring systems are in place? (Ask what happens if there is

water on the raised floor? Are monitoring systems in place to detect leaks? Water can be very harmful to data centers and the gear inside.)

9. If air cooled, describe the system? What is the back-up system?10. How many cubic feet per minute (CFM) per kilowatt is the air velocity?11. What percent of the year can you run without mechanical refrigeration?12. What is your operating temperature? Are you following ASHRAE TC 9.9

recommendations?

Network Services1. Is your facility carrier neutral?2. What carriers are used at this facility?3. Is it possible to connect to carriers that are not in the facility? 4. Is there interconnectivity between your facilities in different locations?5. What private line networking options do you have? Are they provided by a third party?

How are they supported?6. What dark fiber providers do you work with?7. What lit services provider do you work with?8. What redundancy options do you have built into your backbone network? What failover

options do you have in place?9. What low latency options do you have available?10. Where are the access points for telecom?

Data Center Systems & Personnel1. What environmental and security monitoring systems are in place? 2. Will your company send notifications in the event of a system outage or service failure? 3. How will that notification process take place?4. What triggers that notification?5. What control centers are located in this facility? 6. What personnel are on campus? 7. What is the response time for requests placed to personnel and vendors? 8. What is the scope of the remote hands for this facility? 9. What physical security is in place?


10. What escort procedures are in place on the raised floor?11. Who is responsible for control to a customer’s cage?12. What are the access control options for a customer’s cage?13. Are the security personnel in-house or outsourced? 14. What security systems are in place? 15. What fire detection/suppression systems are used? What is the wall fire rating in hours?

Facility Risks1. Is this facility in a flood plain? 2. What is the history of water leakage and flood events in the facility?3. What is this facility’s history of utility downtime? 4. What is this facility’s history of customer-affecting downtime? 5. What is the post-mortem process in place?6. What severe natural disasters may occur in this region?7. What is this facility’s proximity to major transportation paths? (e.g., flight path,

highway, etc.)

Ancillary Services1. What additional services are offered at this facility? 2. Are these service managed by your company or by a third party? 3. What service providers do you work with?4. Does your company offer trouble shooting?5. Does your company offer device support? (e.g., rack and stacking, hot part replacement,

power cycling)6. Does your company offer tape handling? 7. Does your company offer rack, cabinet and/or cage management?8. What monitoring systems are in place for power reports?9. Does your company have procedures in place for logistics? (e.g., shipping and receiving)

4.4 Project Risk Consideration and Management

1. Identify the major risks associated with this project. 2. For each risk, identify those activities which can be undertaken to reduce, mitigate or

eliminate the risk. 3. Identify the associated responsibilities.


4.5Pricing

Please send a separate detailed pricing proposal appropriately based on the solutions above using the following criteria.

1. Amount of data2. Type of data3. Amount of time to recover systems4. Hybrid equipment model5. Vendor owned equipment model, if applicable. This model is not preferred by CCCS.6. Process and general pricing to add additional or expanded services should CCCS require

them

Please note if the following have any impact on prices or result in additional fees or charges:

1. Fuel surcharges2. Charge-backs3. Connections4. Storage tiers/speeds5. Testing of Business Continuity failover or Disaster Recovery backup/restore6. Invoking the Failover7. Spinning up recovered servers8. Manually cycling a server9. Hardware or cable repairs10. CCCS staff presence/access at the co-location


Section 5: PROPOSAL INSTRUCTIONS AND FORMAT

5.1 Page Limits and Organization

Respondents must submit a complete and concise response to the RFP. Unnecessarily elaborate proposals are not desired. CCCS may elect to not evaluate proposal descriptions longer than 50 pages (25 double sided) in length. Font size must be no smaller than 10 cpi. Some reasonable allowance may be made for proposals including graphical presentations or using double space presentations. Past experience summaries may not exceed ten pages in length. CCCS requests that the proposals be organized in the order outlined in this RFP. Proposal must include a statement as to the period of time the proposal remains valid, a minimum of 90 days.

5.2 Responses to Required InformationOfferors shall submit one original and a number of copies and/or electronic submissions as specified on the RFP cover sheet. Responses shall include:

Request for Proposal Cover Sheet: Condense and highlight the contents of the proposal. 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.

Technical Proposal: Providesinformation regarding the ability to provide the services listed in Section 3 Scope of Services Requested. Technical proposals will address all areas and answer each question in Section 4 Vendor Response. Proposals should be in the format and order laid out in Section 4.

References: Provide at least three (3) client references for projects in the past five (5) years. Client references must include client’s business name, an individual contact name, telephone number and email address.

Financial/Cost Proposal: Submit pricing/cost information in a separate package from the technical proposal, clearly marked on the outside.

Unclear, ambiguous statements such as “all reasonable effort to provide” must beavoided. Failure to address any of the requirements will be subject to response to rejection and/or misinterpretation. Inability to meet any specified requirementsmust be so stated and thoroughly explained.

5.3 Project Completion ScheduleProject completion schedules shall be mutually agreed upon as project planning is discussed.

5.4 Descriptive Pages and BrochuresAll standard descriptive information pages and brochures should be submitted in a section titled “APPENDIX.”


5.5 Evaluation of ProposalsThe 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.

A. 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.

B. Technical Component and ability to provide required specifications C. Likelihood that proposed methodology will accomplish expected outcomes;D. Ability of the firm to perform successfully under the terms and conditions of this bid

and the ensuing contractE. Cost ComponentF. The integrity, past performance, and technical resources of the firmG. Staff availability and their experience.H. 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 score proposals on the areas specified in Section 4on a scale from 1-5 with 5 being the highest rating and 1 being the lowest rating. While a numerical 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 and their relative weights set forth below:

Business and Technical Experience/Corporate Profile 35% Failover Process 25% Facility Specifics 20% Project Risk & Management 20%

References when conducted will not be scored but will be considered on a “pass/fail” basis.

Following an individual scoring period, the evaluation team will meet to discuss initial scoring and 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 scoring follows the vendor presentations. Please see Section 2.12 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 Offeror’s approach and the Offeror’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.

Each Offeror’s past performance will 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 Offeror’s proposal including but not limited to, information regarding predecessor companies, key personnel who have relevant experience, and subcontractors performing major or critical aspects of the service(s), if such information is relevant. Offerors without a record of relevant past performance or for whom information on past performance is not available will receive a neutral past performance rating. The State will consider Offeror’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 Offeror regarding any problems encountered on the identified contracts and any associated corrective actions.


ATTACHMENT ASPECIAL PROVISIONS

These Special Provisions apply to all contracts except where noted in italics.

1. CONTROLLER'S APPROVAL.CRS §24-30-202(1).This contract shall not be valid until it has been approved by the Colorado State Controller or designee.

2. FUND AVAILABILITY. CRS §24-30-202(5.5). 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.

3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.

4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor 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 Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor 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.

5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution.

7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.

8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.

9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct


or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests.

10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements]Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action.

11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.

12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract.

Revised 1-1-09


ATTACHMENT BVENDOR DISCLOSURE STATEMENT(For Use with Services Contracts)

To the extent the vendor has not disclosed the following information in the Statement of Work, this form shall be completed and returned to the contracting agency. This applies to all state contracts and solicitation for services executed after August 3, 2007.

Are any services under the contract or any subcontracts anticipated to be performed outside the United States or Colorado?

Yes No

If “Yes”, please complete the following three questions:

1. Where will the services be performed under the contract, including any subcontracts? (List country(ies) and/or state(s).)

2. Explain why it is necessary or advantageous to go outside of the United States or the State of Colorado to perform the contract or any subcontracts.

3. Vendor Name: Contract Routing Number:

Not required for contracts to which the State is a party under: Medicare The “Colorado Medical Assistance Act”, Articles 4 to 6 of Title 25.5 CRS The “Children/s Basic Health Plan Act”, Article 8 of Title 25.5, CRS The “Colorado Indigent Care Program”, Part I of Article 4 of Title 25.5, CRS


the colorado community college system solicits … web viewit is colorado community college...

Documents