State of Colorado · Web viewbusiness that is incorporated or organized in the State of Colorado or that maintains a place of business or office in the State and is officially registered

STATE OF COLORADO REQUEST FOR PROPOSALS (RFP) and RESPONSE COVER SHEET

TITLE: Background Screening ServicesPer the attached specifications, terms and conditions.

Date: 12/14/2016, Wednesday RFP Number: RFP-AAEA-CW-17-001

Submit Proposal to:

State of ColoradoDepartment of Personnel & AdministrationState Purchasing & Contracts Office1525 Sherman Street, 3rd FloorDenver, CO 80203

Purchasing Agent:

Christine Weber, C.P.M., CPPB

RFP Due Date: 01/25/2017, WednesdayRFP Due

Time:2:00 PM Mountain Time

INSTRUCTIONS:Offeror completes this Cover Page, signs in BLUE INK, and submits with its proposal.

Offeror F.E.I.N.: Payment Terms: (Minimum of Net 30)Delivery Date:

Authorized Signature:Signature acknowledges acceptance of all

terms and conditions of the solicitation.

Typed/Printed Name and Title:

Legal Company Name:

Doing Business As:Address:

City: State: Zip:Phone Number: Fax Number:

Contact for Clarifications:Title:

Phone Number: Fax Number:E-mail Address:

IMPORTANT NOTE: The following must be on the outside of the sealed Proposal Envelope/Container:Offeror Name, Solicitation Number, Closing Date, Closing Time, Offeror’s Email Address

Note: Telegraphic or electronic proposals (Fax, Western Union, Telex, e-mail, etc.) cannot be accepted directly in the State Purchasing & Contracts Office as a sealed proposal for the original proposal. Offerors are urged to read the solicitation document thoroughly before submitting a proposal.

Offeror to answer and acknowledges by its signature above:- Confirm that you are aware that the award notice will be published on ColoradoVSS: ____ Yes- My company is registered on VSS: _____Yes / _____No- Proprietary Information: is in my response and as segregated pages: _____Yes / _____No - Registered with the Colorado Secretary of State ____No / ____Yes, and #________________________- Offeror proposes using Subcontractors for this project: _____Yes / _____No - Offeror has reviewed Modifications made to this RFP – list the Modification # last reviewed: _____.- Offeror has reviewed Section 1.19, Protested Solicitations and Awards: _____YesColorado Revised Statutes Title 24, Article 109, Entitlement to Cost, in part states: “When a protest is sustained administratively or upon administrative or judicial review and the protesting bidder or offeror should have been awarded the contract under the solicitation but, due to defect in the solicitation, was not, the protestor shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs. No other costs shall be permitted and reasonable costs shall not include attorney fees.”

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RFP-AAEA-CW-17-001, Background Screening Services

This Solicitation is made up of the following sections:

Section 1 Administrative Information and Instructions for Offerors Page 3

Section 2 Background, Program Overview, and Program Objectives Page 9

Section 3 Scope of Work Page 11

Section 4 Format and Proposal Instructions Page 18

Section 5 Evaluation and Award Selection Process Page 20

Section 6 Definitions of Terms Page 21

Exhibits: (Informational)

A. Solicitation Terms and Conditions

B. Draft State Price Agreement

C. Geographic Service Areas

Attachments: (Offeror to Complete and Submit in its Proposal)

1. Request for Taxpayer Identification Number and Certification Form W-9

2. Vendor Disclosure Statement (form)

3. Company Experience and Demonstrated Capability Fact Sheet (form)

4. Price Proposal and Pricing Narrative

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Section 1 - Administrative Information and Instructions for Offerors

1.1 Vendor Self-Service (VSS) and Registration. This solicitation is published using the Colorado Vendor Self-Service – ColoradoVSS (VSS). Offerors are not required to be registered on ColoradoVSS in order to download solicitation documents and information. ColoradoVSS information can be found through the Colorado State Purchasing & Contracts Office link at www.colorado.gov/VSS. The VSS Help Desk can be reached at 303-866-6464 for further assistance.

1.2 Issuing Office and Official Means of Communication.This Request for Proposals (RFP) is issued by the State of Colorado State Purchasing & Contracts Office (SPCO) on behalf of the Colorado Department of Personnel & Administration, Division of Human Resources (DPA/DHR) and is the sole point of contact concerning this RFP. During the solicitation process for this RFP, all official communication with Offerors will be via notices on VSS. Notices may include any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent winning Offeror(s). It is incumbent upon Offerors to regularly monitor VSS for any such notices.

1.3 Purpose.The State of Colorado State Purchasing & Contracts Office (SPCO) wishes to establish a single contract or multiple contracts as Price Agreements to provide Background Screening Services for statewide employment screening, for contractor screening, and for volunteer screening.

Any State agencies; Institutions of Higher Education; Political Subdivisions, or official members of any federal, local, city, or county agency; or approved non-profit organizations will be allowed to use the resulting Price Agreement(s). As used in this solicitation, "state agency" means every board, bureau, commission, department, institution, division, or section of state government, including institutions of higher education. Issues of interpretation and eligibility for participating are solely within the authority of the State Chief Procurement Official. All awarded contractors may provide service to any of the referenced entities upon request.

All information contained within this RFP, and any amendments and modifications thereto, reflect the best and most accurate information available to the State at the time of RFP preparation. No inaccuracies in such data shall constitute a basis for legal recovery of damages or protests, either real or punitive, except to the extent that any such inaccuracy was a result of intentional misrepresentation by the State.

1.4 Scope of the RFP/Basis for Award.Evaluation of the responsive proposals received will be conducted and the State may award a single contract or multiple contracts as a result of this RFP, for the initial period from the date of the fully executed contract for one year, with the option to renew for up to four (4) additional one-year periods. (See the Draft State Price Agreement, Exhibit B for additional information.)

Offerors may specify in their response to Section 3.1.3 the geographic areas they will service, based on Geographic Service Areas, Exhibit C.

The State intends to establish strong partnerships with awarded contractor(s). Offerors will be awarded based on proposals that are determined to be most advantageous to the State considering the evaluation factors set forth in Section 5 - Evaluation and Award Selection Process.

1.4.1 The State intends to award contracts to Offerors capable of fulfilling the State’s current anticipated volume needs. However, should the State Purchasing & Contracts Office determine at any time during the term of the resulting contract(s) that the number of awarded contractors is not adequate to properly fill the State’s needs, the SPCO reserves the right to make awards to Offerors who submitted responses to the original solicitation but were not awarded, or to re-issue the solicitation and make additional awards as necessary. If the solicitation is re-issued, current contractors in good standing will not be required to respond.

The State also may add, delete, or modify services, within the scope of this RFP, to awarded contracts. All service additions will be done using a defined Service Description, and all current contractors will be asked to submit pricing. If the service is being added and is determined by SPCO to be applicable only to a certain Geographic Service Area, the State will request responses from contractors awarded in that region only.

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http://www.colorado.gov/VSS

1.5 Schedule of Activities.

1. RFP Notice Published 12/14/2016

2. Prospective Offerors Written Inquiry Deadline (No Questions Accepted After This Date/Time)

12/30/20165:00 PM

MST

3.

Proposal Submission Deadline One (1) Original labeled as Original plus Eight (8) Hard Copies & One Electronic Copy on a flash drive

01/25/20172:00 PM

MST

4. Oral Presentations (Held at State’s Discretion) TBD

5. Contract Award (initial period - estimated) TBD THRU One year

6. The resulting contract may be renewed for up to four (4) additional one-year periods at the sole discretion of the State.

1.6 Offeror Intent to Submit an Offer Notice.The State is requesting interested Offerors to send a “notice of intent to submit an offer” via email to the SPCO, as shown in Section 1.7 Inquiries and Questions. Offeror notification provides the SPCO with the level of interest for this solicitation. Lack of submitting a notice of intent does not impact the Offeror’s eligibility to submit a proposal by the proposal submission deadline.

1.7 Inquiries and Questions.Offerors may submit email or written inquiries concerning this RFP to obtain clarification on specifications and requirements. All inquiries are due no later than the time shown in Section 1.5. Schedule of Activities or otherwise amended on VSS. The SPCO prefers all inquiries be sent via electronic mail and referencing the RFP number in the subject line. Please submit inquiries via email as an attachment and in plain text in WORD format. List your questions as “1, 2, 3, etc.”

Please limit inquiries to only those issues which are essential in order to submit a viable proposal in response to this RFP. Requests for detailed or exhaustive information may be declined if said information is not deemed by the State to be necessary in order to submit a viable proposal. Inquiries must be submitted by way of one of the following two methods, though e-mail is preferred.

1. E-mail Send to [email protected] In the subject line, reference “RFP-AAEA-CW-17-001 Background Screening Services”.

2. Written Colo. Dept. of Personnel & AdministrationState Purchasing & Contracts OfficeAttention: Christine Weber, C.P.M., CPPB1525 Sherman Street, 3rd FloorDenver, Colorado 80203Re: RFP-AAEA-CW-17-001 Background Screening Services

Responses to Offeror questions (if required) will be published as a modification on VSS in a timely manner. Offerors should not rely on any other information if it is not published on VSS, either written or oral, that alter any specification or other term or condition of the RFP during the open solicitation period. Offerors are not to contact any other State Office or individual other than that identified in this Section 1.7 regarding this solicitation. Offerors are responsible for monitoring VSS for the publication of any and all modifications to this solicitation.

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mailto:[email protected]

1.8 State of Colorado Solicitation Instructions/Terms and Conditions.The State of Colorado Solicitation Instructions/Terms and Conditions govern except to the extent they are modified, supplemented or replaced in this solicitation. By responding to this RFP, Offerors acknowledge they have reviewed the attached Solicitation Terms and Conditions, Exhibit A.

1.9 General Instructions and Proposal Submission.Offerors are encouraged to carefully and completely review this RFP and all attachments prior to submitting its proposal. For detailed information on the proposal submission, see Section 4 - Format and Proposal Instructions. Sealed proposals, including the signed Request for Proposals (RFP) Cover Sheet, must be received on or before the date and time indicated on the RFP Cover Sheet (page 1) or as modified on VSS. It is the Offeror’s responsibility to ensure its proposal arrives at the State Purchasing & Contracts Office on or before the solicitation’s closing date and time, regardless of the delivery method used. Late proposals will not be accepted.

1.10 Offeror’s Binding Offer and Acceptance.The contents of an Offeror’s submittal response to this RFP shall constitute a binding offer and will become contractual obligations of the successful Offeror. Acknowledgment of this condition shall be indicated by the Offeror’s signature on its proposal or by an officer of the Offeror legally authorized to execute contractual obligations.

A submission in response to this RFP, unless specified otherwise, acknowledges acceptance by the Offeror of all terms and conditions, as set forth herein including its attachments and exhibits, without making its offer contingent.

In accordance with Procurement Rule 24-103-202a-04, an Offeror may withdraw its proposal upon written notification submitted to and received by the SPCO prior to the established RFP proposal opening date and time (email is acceptable). The State will not retain a copy of the withdrawn proposal.

The State may require additional information (financial, capacity, etc.) of the apparent successful Offeror(s) to determine its ability to perform. The State reserves the right to visit Offeror’s office(s) to verify such ability. (For additional information, see Section 3 - Scope of Work and the Draft State Price Agreement, Exhibit B.)

1.11 Selection of Successful Proposals and Intent to Award.The State reserves the right to make an award on receipt of initial proposals and may award to multiple Offerors capable of fulfilling the anticipated program needs for the State.

Therefore, Offerors are encouraged to submit their most favorable proposal at the time established for receipt of proposals. Offers 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 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.

An evaluation will be conducted and awards made to the Offeror(s) whose proposal is determined to be most advantageous to the State considering the evaluation factors set forth in Section 5 - Evaluation and Award Selection Process.

1.11.1 The Contractor must be able to adapt to changes in technology and business practices throughout the term of the resulting contract, including any extensions. In the event business processes are significantly altered and/or new technology is available and agreed upon, the State may incorporate changes to the State Price Agreement through a mechanism set forth in the State Price Agreement.

1.12 Term of the Contract and Draft State Price Agreement, Exhibit B.Term: The initial Contract will be effective upon a fully executed contract for a one year period . The contract may be renewed for four (4) additional one-year periods, at the sole discretion of the State, contingent upon contractual requirements being satisfied and funds being appropriated, budgeted, and otherwise made available.

Draft State Price Agreement, Exhibit B: Except as modified herein, the standard State Price Agreement terms included in this RFP shall govern this procurement, and are hereby incorporated by reference. Note: the Draft State Price Agreement, Exhibit B lists the State’s required legal provisions, but does not include the specific scope of work and requirements for this RFP.

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https://www.gssa.state.co.us/Purchasi.nsf/444e9694db1e7b81872564dc006ee0a9/5a826b0e1fdc72ff87257552007c24de?OpenDocument

The Offeror is expected to review the attached Draft State Price Agreement, Exhibit B and note exceptions. Unless the Offeror notes exceptions in its proposal, the conditions of the Draft State Price Agreement, Exhibit B will govern. The Offeror shall identify clearly and thoroughly any variations between its proposal and the State’s RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as may be outlined or specified in the RFP. Offeror’s requested changes may or may not be accepted by the State and may require negotiations.

Offerors are cautioned that requests for modifications to the terms and conditions constitute increased risk to the State and increased costs. Changes to Special Provisions are not permitted. The State has a critical time line. Therefore, the scope and magnitude of requested exceptions is an important consideration in the evaluation of a proposal(s).

1.12.1 Subcontracting: The State of Colorado State Purchasing & Contracts Office (SPCO) may award a single contract or multiple contracts. Subcontracting will be allowed under resulting award(s). Awarded Price Agreement vendors will be the Prime Contractor and will be fully accountable to the State for assuring that its subcontractors comply with the terms of the master Price Agreement between the State and the Prime Contractor.

Any partnerships between firms specializing in Background Screening Services must be managed in a Prime Contractor/Subcontractor approach. All references to “proposer”, “contractor”, or “Offeror” throughout this RFP document shall be interpreted to mean the prime responding vendor, except where specifically noted otherwise. Any/all forms signed and submitted by this so defined prime shall be interpreted as acknowledgement of terms and conditions and assumed responsibilities on behalf of all partnered entities (if applicable). The selected contractor will be required to assume responsibility for all goods and services offered in its proposal, and SPCO will consider the selected contractor(s) to be the sole point of contact with regard to all contractual matters and responsibilities. The Awarded Contractor(s) must gain prior written approval from SPCO for any changes to subcontractors that may occur subsequent to proposal submission.

1.13 Proprietary/Confidential Information.Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself and such information segregated. Written requests for confidentiality shall be submitted by the Offeror with the proposal for consideration and acceptance of confidential status by the State. The Offeror must state specifically what elements of the proposal are to be considered confidential/proprietary and must state this clearly. Confidential/Proprietary information must be readily identified, marked, and packaged separately from the rest of the proposal. Neither a proposal in its entirety, nor proposal price information is considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential.

The State Purchasing & Contracts Office (SPCO) will make a written determination as to the apparent validity of any written request for confidentiality. In the event the SPCO does not concur with the Offeror’s request for confidentiality, the written determination will be sent to the Offeror. (C.R.S. 24-72-201 et. seq.).

1.14 Service Disabled Veteran Owned Small Business Participation. (SDVOSB)An Offeror claiming status as a service disabled veteran owned small business must identify itself as such in its proposal and provide documentation of its certification from the United States Department of Veteran Affairs (US DOVA) with its response to this RFP.

1.15 RFP Response Material Ownership.The State has the right to retain the original proposal and other RFP response materials for its files received by the solicitation closing and not withdrawn prior to the public opening. As such, the State may retain or dispose of all copies as is lawfully deemed appropriate. The State has the right to use any or all information/material presented in the reply to the RFP, subject to limitations outlined in Section 1.13 Proprietary/Confidential Information. Proposal materials may be reviewed after the “Notice of Intent to Award” has been issued, subject to the terms of C.R.S. Title 24, Article 72, Part 2 as amended.

1.16 Venue.The parties agree the venue for any action related to the performance of a resulting contract is the City and County of Denver, Colorado. (See Draft State Price Agreement, Exhibit B for additional information.)

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1.17 Taxes.State of Colorado Agencies, as purchaser, are exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code and from all state and local government sales and use taxes C.R.S. 39-26-704). (See Draft State Price Agreement, Exhibit B for additional information.)

1.18 Proposal Prices and Payment Schedule. Payments will be based on deliverables as outlined in the resulting contract. It is anticipated that payments will be made on a monthly basis after receipt and approval of Contractor’s invoice. Receipts for vendor travel will be required, if travel reimbursement is allowed. No payment shall be made for goods/services performed prior to a contract being negotiated and properly executed (signed by the State Controller or Designee). The State's minimum payment terms for the resulting contract are net thirty (30) days. It is the awarded Contractor’s responsibility to confirm all payment terms at the time an order is placed. Late fees may not be assessed to State government entities until the 46th day after the payment was due. The Contractor is eligible to invoice for late payment charges of 1% per month on the unpaid balance.

1.19 Protested Solicitations and Awards.Any actual or prospective Offeror who is aggrieved in connection with the solicitation or award of a contract may protest to: State Purchasing & Contracts Director, ATTN: Cindy Lombardi, State of Colorado, State Purchasing & Contracts Office, 1525 Sherman Street, Third Floor, Denver, CO 80203. The protest shall be submitted in writing within seven (7) business days after such aggrieved person knows or should have known of the facts giving rise to the protest.

C.R.S. Title 24, Article 109, Entitlement to Cost, in part states: “When a protest is sustained administratively or upon administrative or judicial review and the protesting bidder or offeror should have been awarded the contract under the solicitation but, due to defect in the solicitation, was not, the protestor shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs. No other costs shall be permitted and reasonable costs shall not include attorney fees.”

1.20 News Releases. News releases by the Offeror pertaining to this RFP and associated awards are prohibited without prior written

approval by the SPCO.

1.21 Parent Company. If 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. Note: Offerors are advised that the Federal Employer Identification Number (FEIN) entered on the RFP Cover Sheet (page 1), and on the W-9 form submitted in its proposal, and as registered in VSS must be the same.

1.22 Certification of Independent Price Determination.

1.22.1 By submission of this proposal each Offeror certifies, and in the case of a joint proposal each party, thereto, certifies as to its own organization, that in connection with this procurement:

a. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Vendor or with any competitor; and

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 Vendor or to any competitor; and

c. No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

1.22.2 Each person signing the Request for Proposals Cover Sheet of this proposal certifies that:

a. He/She is the person in the Offeror’s organization responsible for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above; or

b. He/She is not the person in the Offeror’s organization responsible for the decision as to the prices being offered herein but that he/she 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 (1)(a) through (1)(c) above, and as their agent does hereby so

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certify; and he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above.

1.23 Legislative Changes. The State reserves the right to amend the RFP and/or contract in response to Colorado legislative changes that affect this program.

1.24 Order of Precedence. In the event of any conflict or inconsistency between terms of this RFP and the offer, such conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of a resulting contract, second to the RFP, and third to the proposal. (See Draft State Price Agreement, Exhibit B for additional information.)

1.25 RFP Cancellation.The State reserves the right to cancel this entire RFP or individual phases at any time, without penalty in accordance with Procurement Rule 24-103-301-04 C.R.S.

1.26 Audit.Awarded Contractor may be required to have a process audit conducted of the program at least once every three (3) years, at the Contractor’s expense. If the Contractor has not had such an audit prior to awarding of a resulting contract, one may be required to begin within six (6) months of the award of a contract, at the Contractor’s expense. A complete copy of the audit must be provided to the State’s project manager as identified in the awarded contract within five (5) working days of its completion. The State will negotiate directly with the Contractor regarding any exceptions or findings from the audit.

1.27 Doing Business in Colorado.In order to do business in Colorado, the Colorado Secretary of State requires Vendors to register in accordance with C.R.S. 7-90-801, and obtain and maintain a rating of “good standing” status throughout the term of an awarded contract. The link to the Colorado Secretary of State’s web site is: www.sos.state.co.us. (See Draft State Price Agreement, Exhibit B for additional information.) Offeror must include in its proposal a copy of the Colorado Secretary of State “Certificate of Good Standing”.

1.28 Federal Employer Identification Number (FEIN). In order to do business with a State Agency, Vendors are required to provide FEIN information to indicate their legal business identity. Offeror must complete and submit the form (signature page only) provided by the State, Request for Taxpayer Identification Number and Certification (W-9), Attachment 1.

1.29 Vendor Disclosure Statement. In compliance with C.R.S. 24-102-206, Vendor Performance Outside the United States or Colorado, and directed by the Colorado Office of the State Controller (OSC), Vendors are required to disclose information to the State on where services will be performed. Offeror must complete and submit the Vendor Disclosure Statement, Attachment 2.

1.30 Insurance. An awarded Contractor shall obtain and maintain insurance coverage at all times during the term of a resulting contract. The Contractor must obtain and maintain liability coverages for general, automobile, and workman’s compensation, at a minimum and as identified in the Draft State Price Agreement, Exhibit B. Note: Only the awarded Contractor is required to submit such documents to the State upon request.

1.31 Public Opening of Proposals. The State Purchasing & Contracts Office will conduct the public opening on the date and time and at the delivery location identified in the Response Cover Sheet or otherwise amended on VSS. The Public Opening will disclose only the names of all Offerors who have submitted a proposal in response to the RFP by the closing deadline. Information regarding contents of proposals will be available from the State Purchasing & Contracts Office following issuance of a “Notice of Intent to Award” notification.

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http://www.sos.state.co.us/

Section 2 – Background, Program Overview, and Program Objectives

2.1 Statutory Background – Procurement and Human Resources

The State Purchasing & Contracts Office (SPCO) in the Colorado Department of Personnel & Administration (DPA), Office of the State Controller, contracts for goods and services provided to Colorado State Agencies, Institutions of Higher Education, Political Subdivisions, eligible Non-profit Organizations, and other authorized entities across the State, border-to-border.

DPA Division of Human Resources (DHR) provides oversight and guidance to State Agencies on matters of Human Resources. DPA/DHR works in conjunction with the Colorado Governor's Office of Information Technology (OIT) to ensure IT-related services are in compliance with State and OIT policies and protocols. OIT, in its own right through Colorado statutes, maintains jurisdiction over most State entities and their IT-related needs.

Per 4 CCR 801 State Personnel Board and State Personnel Director’s Administrative Procedure Board Rule 4-28(C), a person may be discretionarily removed from employment lists for consideration by an appointing authority or agency HR office for failure to meet the conditions of employment, including a background check. Rule 4-8(G) states a posting for a classified position must specify whether a background check is considered a condition of employment, and Rule 4-11 states background checks are allowed when validated by a competent job analysis or state or federal guidelines.

2.2 Program Overview

Due to increased media scrutiny, additional federal requirements for positions that handle federal tax information, and the state’s overall risk management, many agencies have begun or are increasing the need to receive background screening services for prospective and/or current employees. Multiple agencies have engaged in contractual agreements to receive background screening services. Those who have not entered into a contract have the Colorado Bureau of Investigation (CBI) background check services as a resource, among many others. HR Directors expressed interest in collaborating to create statewide vendor relationship(s) in order to apply background check processes consistently, and to centralize statewide Price Agreement(s), with the goal to meet requirements and drive down costs.

2.2.1 Historical Usage. Because each state agency currently purchases its own background check services, background check usage was gathered via online survey distributed to HR Directors and the Purchasing community in the general government and higher education institutions across the state.

Fifty-five responses were collected, representing state agencies, divisions within state agencies, institutions of higher education, cities, and a K-12 school.

Any volume information (spend or quantity) provided by the State in this solicitation represents estimated figures only, and is intended to assist potential Contractors in understanding the scope of the State’s category needs. The expenditures reflect past usage and may fluctuate up or down.

Of the responses collected, 47 (85%) would use a Statewide Price Agreement for Background Check Services.

The estimated number of Background Check services the state would use in 12 months is 4500 checks, with an annual spend of about $154,000.

Among the types of background check services the respondents would use include:

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Number of respondentsType of check Agency wide Multiple programs Single Program TotalCredit 9 5 3 17Educational verification 9 3 3 15Drivers License 4 5 3 12Drug/Alcohol background 3 3 2 8State/Federal tax 2 2 3 7

Other types of background services include national criminal background checks, felony and misdemeanor events, fingerprinting, and licensure verification.

Some workforce segments such as those who work with vulnerable populations, child care, law enforcement, and healthcare have unique requirements. Some workforce segments that have access to sensitive data such as State and Federal tax information also have unique requirements.

Background checks may be necessary on employees or potential employees who are classified under the State’s Personnel System, those who are not classified, or those who are in voluntary, temporary or contract positions.

When reviewing the requirements in further detail in Section 3 – Scope of Work, one or more background checks may be conducted on each of these areas of the workforce.

2.3 Program Objectives

The State of Colorado desires a choice of contractors who can deliver high-quality, cost-effective background checks in all geographic areas of the state. The State may award multiple vendors a permissive Price Agreement; therefore, it may not be necessary for one contractor to provide all of the services to agencies in all geographic areas of the state. Rather, all of the State’s desired services may be met by the whole list of contractors. Each agency has the ability to choose one or more awarded contractors to meet their unique needs. Agencies may also choose not to use any of the awarded contractors.

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Section 3 - Scope of Work

The awarded contractor(s) shall provide services within the terms and conditions as stated below. The awarded contractor(s) shall perform the following work tasks and deliver the following deliverables, subject to the Purchasing Entity’s final approval and discretion. Note: The awarded contractor(s) must have their own facilities to conduct business. The State will not furnish facilities or offices for the awarded contractor(s).

3.1 TECHNICAL APPROACHContractor(s) shall be responsible for providing Background Screening Services that include, but may not be limited to, the following work tasks. 3.1.1 PRODUCT AND SERVICE DESCRIPTIONThe State may require any or all of the following services for prospective employees, contractors, or volunteers.

A. Perform data entry of the Fair Credit Reporting Act (FCRA) or background check forms. 1. Service Provider also offers the option to permit the perspective employee, contractor, or volunteer to

enter the information into the system on-line.2. Service Provider provides all background check forms including parental consent forms, if necessary.

B. Background Screening Services for each prospective employee, contractor, or volunteer:1. Regular Basis

a. Social Security Number (SSN), verification and validation.b. Name and Address Trace.c. Date of Birthd. Criminal Records, check including appropriate County, State, national, and Federal bureaus.e. Current Residence and, for criminal history, previous residences. f. Driving Record, lifetime for criminal history and DUI / DWAI charges and convictions, including

out of state.g. Driving Record, for moving violations.h. Motor Vehicle License(s), validity of currently-held.i. Risk Management, scan for inconsistencies in person/customer’s history to help identify potential

fraudulent or misrepresented information.2. Periodic Basis

a. Employment Verification, current and two previous employments as applicable.b. Credit Information.c. Public Records, relating to financial history.d. Professional License(s), verification and history.

3. Agency specific: Agencies that have access to Federal Tax Information (FTI) will require on a regular basis:

a. FBI fingerprinting (FD-258),b. Check of local law enforcement agencies where the applicant has lived, worked or attended

school in the last five (5) yearsc. Validation of eligibility to work in the United States, andd. Reinvestigation of current agency employees after 10 years.

C. Authorized Users1. State Human Resources offices, Purchasing offices, and Controller offices will designate the names of

people who shall serve as the State’s Primary Authorized Users.2. Additional Authorized Users must be approved in writing by appropriate State Primary Authorized User.3. State Human Resources offices will designate certain Authorized Users as restricted to obtaining Motor

Vehicle Driving Record and Department of Transportation (DOT) Employment Verification only.

D. Any screening services requested from the Regular Basis list must be received by the State within a reasonable number of days of the State’s official request being submitted to the contractor. Describe your company’s proposed turnaround time for each service offered on the Regular Basis List.

E. Additional follow-up or periodic screening services may be requested in any area specified above, or in additional areas, on a case-by-case basis, including the handling of State-specific forms, as identified.

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F. Contractor must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the State’s covered accounts.

THE FOLLOWING IS A SAMPLE LIST OF POSSIBLE BACKGROUND SCREENING NEEDS. THIS LIST IS NOT ALL INCLUSIVE AND NOT TO BE APPLIED TO ALL POSITIONS. ALL BACKGROUND SCREENING PERFORMED SHOULD BE BASED ON THE NATURE OF THE POSITION AND THE STATE’S REQUIREMENTS AS IDENTIFIED.

3.1.2 ADDITIONAL PRODUCT AND SERVICE DESCRIPTIONA. Social Security Number Validation

The SSN Validation determines if the applicant has provided a social security number validly issued by the US Government, the year and state in which the social security number was issued, and if any death benefits have been filed.

B. Name and Address TraceReveals all names associated with a social security number including all previous names, past and present addresses, and suspected fraudulent use of a social security number. Results can be cross referenced to addresses supplied by the applicant to ensure the integrity of the information on the job application. Information is acquired through credit bureaus, phone records, historical credit records and property records.

C. Criminal History Check1. Federal Bureau of Investigation (FBI) fingerprinting

FBI fingerprint checks on an applicant’s criminal history in all 50 states.

2. National Criminal History CheckA check of records showing felony and misdemeanor convictions in all 50 states without a fingerprint check.

3. County Court Criminal Record Checks SearchesCounty court record checks are the most comprehensive source of information for criminal activity and typically yield the most accurate and current data available. County search results provide criminal charges, dates, sentencing and disposition, for felonies and/or misdemeanors in the county seat court. Detailed dockets and supporting information are typically available. Service Provider accesses all 3,300+ counties nationwide.

4. Colorado Multiple County Criminal Record ChecksService Provider provides consolidated access to all available Colorado county court records.

5. Statewide Criminal Record ChecksService Provider conducts rigorous and ongoing testing for the quality, timeliness, accessibility, and content of state repositories and continually updates the “Premier Preferred States List” to illustrate where statewide data is comparable to a county court record check. Data available may reflect arrest or disposition information obtained by police departments, county cases forwarded from local courts, or other criminal data housed by the state. In non-preferred states, Service Provider automatically conducts county court record checks.

6. Federal Court Record ChecksFederal search results provide information on criminal activity that occurred outside the county or state jurisdiction and was prosecuted at the federal district court level. Examples of criminal activity include kidnapping, drug trafficking, interstate transportation of stolen goods, bank robbery, and embezzlement. Federal court record checks typically yield low percentage hit rates and only involve the most serious crimes.

7. International Criminal SearchesThese can be completed on an “a la carte” as requested basis.

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D. National Criminal Offender ScanA National Criminal Offender Scan is used to identify criminal activity in jurisdictions outside of current and previous residence and employment geographical locations. Although national criminal record checks provide the broadest coverage available, the data is compiled from court and non-court records including information from the Department of Correction’s incarceration, parole, and release files, Administrative Office of Court records, and state and county criminal records and often contains information that may not be usable in the hiring process. To mitigate the potential liability inherent with other screening services national scans, Service Provider automatically researches any potential hit/record directly with the court.

E. Motor Vehicle Driving RecordService Provider will obtain the candidate’s Motor Vehicle Driving Record to cover at least the previous three years (including any available Commercial Driver License (“CDL”) information when applicable) from each state for which the candidate provides a license number and state of issue.

F. Standard Employment and Department of Transportation (DOT) Employment VerificationInformation is solicited for such items as dates of employment, position or title, wages and salary, attendance record, reasons for leaving, eligibility for re-hire, job duties, evaluation of work performance, interaction with others, and disciplinary actions. The DOT Employment Verification is conducted as a supplement to the standard employment verification. Service Provider’s staff will promptly and professionally solicit answers to six questions required by the Federal DOT in the Code of Federal Regulations. This verification provides deeper insight into the applicant’s previous drug and alcohol testing levels, refusals to test, violations to the DOT prohibitions, rehabilitation program participation and reportable accidents.

G. Sex Offender Registry CheckThe Sex Offender Registry check provides information regarding felony and misdemeanor convictions of any sexual assault, aggravated sexual assault, aggravated criminal sexual contact, and/or kidnapping. Reports offer the offense date, charge and offense classification, and additional identifiers if available. Individuals on these registries are required to register in the state in which they reside. Service Provider can search a single state or conduct a National Sex Offender Registry search. State policies vary and may only provide information on high risk/repeat offenders.

H. Quick Check for “Flagging” IssuesApplies a pass, review, or fail grade to each applicant according to agency specific hiring criteria to simplify the hiring process, improve compliance and hiring uniformity, maintain candidate privacy and reduce critical time to hire. Avoid unlawful employment practices associated with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), by applying consistent customer criteria to every applicant.

I. I-9 VerificationQuickly and easily verifies the work authorization of newly hired employees through the Department of Homeland Security (DHS) or eVerify. Falling under the jurisdiction of U.S. Citizenship and Immigration Service’s (USCIS) Systematic Alien Verification for Entitlements (SAVE) Program, Service Provider is able to conduct employment verification of potential candidates.

J. Applicant Information Self EntryPermits the pre-hire candidate to complete and submit key personal data for employee verification. Using a secure web-page the candidate completes the necessary (user defined) data that automatically initiates the screening services.

K. Education ConfirmationService Provider will verify all relevant education obtained based on the information provided by the candidate or by State. Service Provider will attempt to verify International Education “a la carte” as requested.

L. Credit ReportThis report allows the employer insight to the applicant’s level of fiduciary responsibility. This nationwide check is conducted in compliance with the Fair Credit Reporting Act (FCRA) and all applicable county, state, and federal laws.

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M. Military Service VerificationIn addition to verifying information an applicant provides on his or her job application or resume, this service offers detailed reports regarding military service. The report provides such details as dates of service, rank, pay, character of service, job description and/or specialties, decorations and medals, performance, and reason for discharge.

N. Workers’ Compensation Claim HistoryProvides a history of the applicant’s work related injuries filed by the employer. Searches assist employers in placing new hires in positions suited to their physical abilities. Reports usually include claim information, injury type, date, and case number. These reports adhere to the provisions of the Americans with Disabilities Act (ADA). An applicant must have been given a “conditional offer of employment” prior to executing a Workers’ Compensation search.

O. Patriot Act Scan (Terrorist Watch List)This service identifies individuals designated as terrorists by the Office of Foreign Asset Control (OFAC) through a comprehensive search of US agencies as well as international sources.

P. Credential and Professional License VerificationChecking an applicant’s professional license or credentials verifies the qualifications and the integrity of the applicant by confirming that credentials and licenses stated on a job application or resume are correct.

Q. Personal Reference CheckContacts to colleagues and co-workers listed on the applicant’s resume or job application are done to obtain a full assessment of the individual. The applicant’s capabilities, integrity, ethics and work record are questioned. The reference will have an opportunity to offer additional comments regarding the applicant. Tailored questions can offer additional insight.

R. State and Federal Tax CheckThis service provides a transcript of federal and state income tax filings and payments.

S. Health Care Sanctions and/or Prohibited Parties CheckInformation from the Food and Drug Administration (FDA), National Institutes of Health (NIH), General Services Administration (GSA), Office of Foreign Asset Control (OFAC), and other federal and state-level licensing and regulatory bodies. This search covers the Health and Human Services (HHS) Office of Inspector General's (OIG) List of Excluded Individuals/Entities (LEIE), and the GSA - Excluded Parties List (EPLS) and System for Award Management (SAM). These lists include individuals and entities excluded from federally-funded health care programs, and parties debarred, suspended, proposed for debarment, or declared ineligible by agencies or by the General Accounting Office

T. Colorado specific requirements for Department of Revenue (DOR) Marijuana Enforcement Division (MED) 1. Confirmation that funding source or sources for investment for financial interests in a marijuana

business were lawfully obtained.2. Performance of an applicant interview to confirm the accuracy of the information received. The

interview must be conducted in person. Applicants may be located in the U.S. or abroad.

U. Bundled, Flat-Rate, All-Inclusive PackagesTo manage costs, improve compliance and ensure consistency, Service Provider can create unlimited flat-rate, all inclusive, role-specific packages; examples only are described below. Based on the best practices of other Service Provider clients, the following packages are recommended. All-Inclusive means there will be NO additional third-party fees charged.

1. Basic packagea. A Social Security Number Validation.b. A Name and Address Trace to pre-determine jurisdictions to search for criminal records.c. A Nationwide Sex Offender Registry Check

Based on the applicant’s disclosure and the results of the Name and Address Trace:d. Each additional County Court Criminal History Check may be orderede. Each additional Colorado Multiple County Court Record Check may be ordered for an

INCLUSIVE fee (there are no third party fees for Colorado Multiple County Court Checks).

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2. Standard Employment Packagea. A Social Security Number Validation.b. A Name and Address Trace to pre-determine the jurisdictions to search for criminal records.c. Multiple County Court Criminal History Checks (or Statewide repository checks whend. Service Provider has determined that the state data is as good or better than the

county level search) to cover all addresses disclosed by the candidate or revealed bye. Service Provider’s Name and Address Trace Reportf. A Colorado Sex Offender Registry Checkg. A Nationwide Sex Offender Registry Check

3.1.3 PRODUCT AND SERVICE APPROACHDescribe how your company’s solution will meet and/or exceed the requirements. Address each of the following:

A. Screening Services1. Which of the background check services listed in Sections 3.1.1 and 3.1.2 Product and Service

Description does your company offer? Identify each background check service offered, including your company’s standard years and maximum number of years prior that each check will cover.

2. Identify which Geographic Areas of the State your company proposes to offer services. Reference Geographic Service Areas, Exhibit C.

3. What sources of information are searched? Describe each service your company provides and how your company goes about obtaining that information, in as much detail as possible.

4. Does the service allow the ability to select from an array of a-la-carte products?5. Would a state agency / program have the ability to choose from a variety of packages?6. What is the average turnaround time for these searches?7. How does your company handle additional names, aliases and name variations? 8. Describe the methods your company uses to determine how and when to suggest adding additional

screening services to an awarded contract. For example, explain how services may be added upon customer request, describe whether your staff surveys the industry’s best practices, and identify other methods used to maintain a competitive position.

9. How does your company handle re-investigations after 10 years of current agency employees per FTI requirements?

B. Implementation / On Boarding1. Describe your company’s program implementation process with new clients most similar to the State of

Colorado, including key steps involved and a timeline for these steps.2. Describe the training and educational resources you provide to your clients most similar to State of

Colorado agencies prior to startup of a screening program. Include post-implementation training as well.

C. Applicant entry of information1. The State desires an online, applicant-entered, data entry system. Describe how your company receives

data from an applicant for a background check. Describe how the applicant’s data is captured. For example, is applicant data captured through an online form, paper form, or other methods?

2. Does the applicant have the option to self-disclose in your company’s forms?

D. Customer Service1. Describe and identify your company’s proposed Colorado account management team, including its

location, functional roles of those assigned to the State, and individual tenure with your company.2. The State desires customer service from 8:00 a.m. to 5:00 p.m. Mountain Time, as adjusted for daylight

savings time, at a minimum, each Business Day as necessary to handle questions and resolve problems. Describe your company’s hours of operation and when key account are people available to the State.

3. Describe how your company will handle problem identification and resolution.4. How will your company service the State’s accounts? Describe the system your team will use to manage

the State’s accounts, and identify the Primary point of contact(s) within your company.5. Describe the tools that your company provides to answer common questions that your clients may have

about background screening.6. How does your company handle client escalations?7. How does your company respond to customer complaints and service issues? Please give an example of

a complex customer problem that your company resolved successfully.8. How does your company access customer satisfaction?

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E. Applicant review of results1. Describe your company’s process for applicant review of the results of the background check(s)

performed. What information is made available to the applicant? How is the report made available? What is the average turnaround time for applicants to receive a copy of the report?

2. Describe what your company’s applicant notification includes.3. Describe your company’s appeal process for applicants who disagree with their results.

F. Technology1. Describe your company’s online system that a Colorado agency would use to place orders and receive

results. Include all methods of order submission.2. Describe your company’s user interface.3. Provide a description of your company’s online ordering and retrieval process. Include any demo codes if

these are available.4. Describe your company’s ability to support the State’s decentralized management of orders submitted

from many agencies. 5. Describe how your company’s employees are granted access to sensitive customer data. Explain how

your company manages access rights / who has access to data both with customer and within your CRA.6. Describe any technical features that your company has created to provide greater efficiency to a client,

i.e., electronic forms, verification tracking (flu shots, CPR certification, immunization, titers, etc.).7. Please list any technology or software requirements needed to use your company’s system (i.e., browser

versions, etc.).8. Is your company’s online site available 24/7 to submit requests? Are results returned 24/7 or only during

core business hours? Define your company’s core business hours.9. Describe the timing of how results are available for viewing. Are individual search results available as they

are completed?10. What notifications does your company provide throughout the background screening process? Does your

company provide notification if a search result is delayed, and if so provide details?11. Describe any technology integrations your company has built.

G. Reporting1. What type of standard reports does your company offer? Provide a sample of each report with your

proposal.2. What type of system reports does your company offer? Are there reports available on which users

requested and accessed which results in the system? Are there reports that show the number of reports and types requested over a certain time period?

3. Describe your company’s system’s ad hoc or customized reporting capabilities. Describe who has access to both standard and customized system reports. Can all users to the system access them? Can all users create ad hoc reports?

H. Billing / Payment Terms and Invoicing1. Describe your company’s invoicing capabilities.2. The State’s payment terms are described in the Draft State Price Agreement, Exhibit B. What payment

terms does your company require?3. Describe your company’s online payment capabilities.4. Describe any discount programs.5. Is your company able to accommodate the State’s multiple payment methods: direct pay by applicant,

invoice to individual agency, or third party payment?

I. Compliance1. Describe your company’s measures to ensure legal compliance pertaining to screening, i.e., FCRA,

EEOC, etc.2. What policies and procedures does your company have in place to audit employment screening searches

for regulatory compliance and accuracy each year?3. Does your company offer adverse action letter fulfillment / solutions to clients? If yes, please describe the

available resources, procedures, and extra charge involved.4. What is your company’s process for resolving consumer disputes? Please include descriptions of dispute

documentation, document storage and retrieval, timeliness, internal resources, and any other applicable details.

5. Describe your company’s process for conducting onsite inspections for potential clients.6. How would your company keep the State updated on federal and state laws regarding background

screening?

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7. Does your company provide guidance or subject-matter expertise in the form of a Compliance professional, in-house counsel, etc.?

J. Data Security1. Please provide a copy of your company’s data security policy as an attachment to your company’s

response.2. Describe your company’s data system, physical site, and personnel security policies.3. Explain your company’s password policy (specific password requirements, frequency of password

changes, procedure for lost user ID and password).4. What measures does your company take to protect sensitive consumer information?5. What are your company’s policies regarding the proper maintenance and disposal of personally

identifiable information (CJI, PCI, PHI, PII)?6. The State of Colorado requires that background check results for applicants must be retained in an

agency’s selection files for a minimum of two years. For temporary employees, five years after separation, and for permanent employees, ten years after separation. Explain your company’s data retention and disposal policy. Include how long your company retains complete background check investigation details.

7. Please describe your company’s data recovery / backup system.

K. Other Information1. Provide a copy of your company’s Disaster Recovery Policy to include data retrieval for its customer

agencies.2. Describe any additional value added services that were not previously mentioned in your company’s

response.

3.1.4 Risk AssessmentA. Provide a risk assessment of your company’s proposed solution. Describe the proposed steps to help

mitigate risks to the State for using your proposed solution.

3.2 QUALIFICATIONS and EXPERIENCE3.2.1 Management Capability

Provide a brief history of your company and its ability to meet the State’s requirements. Include the following elements.

A. State your company’s information.1. Primary business address2. Type of Organization3. The year your company was founded

a. DUNS Numberb. Describe your company ownership structurec. Identify your company’s website d. Sales contact information

B. Identify your company’s client retention rate during the past 3 years.

C. Describe your company’s process for training new employees before they commence work on background checks.

D. Does your company run background checks on its employees? If so, describe the search types, frequency, and provide an overview of your company’s adjudication process.

E. Briefly share what makes your company unique among other background screening providers. 1. Describe the features of your solution that differentiate your company from its competitors.

F. Provide evidence that your company is a current accredited member of the National Association of Professional Background Screeners (NAPBS).

3.2.2 Past ExperienceThe purpose of this Section 3.2.2 is to provide the State the ability to assess the offeror’s experience and capabilities providing similar or relevant services to other states and governmental entities of similar size, in order to make a determination of responsibility.

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http://www.napbs.com/

Offerors shall provide this information using Company Experience and Demonstrated Capability Fact Sheet, Attachment 3. Offerors shall submit one fact sheet for each primary governing agreement or contract described. Submit up to three (3) maximum fact sheets only.

Offerors shall provide references for recent work completed under primary agreements or contracts that are similar in size, scope, services, complexity, and type as that described in this solicitation. ‘Recent work’ means work performed within the past two (2) years, up to a maximum of three (3) primary agreements or contracts.

If the offeror has completed work governed by more than three (3) primary agreements or contracts during this time period, submit the three (3) engagements most similar to the State’s requirements in this solicitation.

Descriptions shall be detailed and comprehensive enough to permit the State to assess the similarity of those engagements to the work anticipated under awards resulting from this procurement.

The State may require additional information of the apparent successful offeror(s) to determine their ability to perform. This information may include, but is not limited to previous experience of company, years in business, financial condition, and site visits.

The State’s determination of the similarity of the work described to the work specified in this solicitation shall be final.

Failure to provide verifiable references may cause the proposal to be rejected.

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Section 4 – Format and Proposal Instructions

4.1 General Submission Instructions.A “proposal” is a responsive, conforming, unconditional, complete, legible and properly executed offer from a qualified responsible party interested in providing the services outlined in this RFP. It shall be the sole responsibility of the proposer to ensure its response proposal is in the proper form and in the State Purchasing & Contract Office’s possession on or before the RFP’s closing date and time indicated in the Section 1.5 (Schedule of Activities) or otherwise modified on VSS, regardless of the delivery method used. Late proposals will not be accepted. Offerors are cautioned that daily mail may not be received prior to 3:00 p.m.; therefore, if the proposal is not hand delivered, Offeror is to ensure proposal is received by mail or delivery service the prior day. Faxed, email, and telephone proposals are not accepted. Offeror will assume full responsibility for any costs related to its proposal, including but not limited to express delivery, parcel post, packing, cartage, insurance, license fee permits or cost of bonds.

Proposals will not be returned unless the RFP solicitation is cancelled prior to the submittal due date, in which case such proposals will be returned unopened, or opened for identification purposes only. Any proposal received AFTER the submittal due date and time will be returned unopened, or opened only for identification purposes.

Offerors are encouraged to respond in detail to Section 3 - Scope of Work. Offerors are instructed to be thorough yet brief. Offerors should strive to answer each question without the addition of extraneous information.

Offerors shall submit one (1) original and eight (8) copies of the proposal for a total of 9 hardcopy sets, and an electronic copy on a flash drive in PDF format, maintaining the original Excel format for Price Proposal, Attachment 4. Clearly mark the original “ORIGINAL” and the copy sets as “COPY 1, 2, 3, etc.”

The State encourages submitting proposals in 3-ring binders, spiral bound, or book bound. Note: binder clipped, rubber banded, or loose paged proposals may not be considered responsive.

A proposal signature page has been provided as part of the RFP Response Cover Sheet. The proposal must be signed in ink, preferably in blue ink, by an officer of the Offeror who is legally authorized to bind the Offeror to the proposal.

Proposals must be submitted and sealed in an envelope/box containing the Technical Proposal and the Price Proposal separately. Place the Technical Proposal original and numbered copies in a separately sealed envelope inside the mailing envelope/box, with an appropriate label affixed to the separate Price Proposal envelope AND to the outside of the box/container. The labels must show the following information:

Offeror’s NameRFP-AAEA-CW-17-001 Background Screening Services

Proposal Due Date and TimeOfferor’s Email Address

The proposal package shall be delivered or sent by mail to:Colorado Department of Personnel and Administration

State Purchasing & Contracts OfficeAttention: Christine Weber, C.P.M., CPPB

1525 Sherman Street, 3rd FloorDenver, Colorado 80203

4.2 Page Limit and Font Limits.Unnecessarily elaborate proposals are not desired. Font size for basic narrative descriptions must be no smaller than 10 point font (Arial, Courier, or Times Roman fonts are preferable). Indexes, tables of contents, lists of figures/tables, and glossary of terms will not be counted toward the overall page count. Allowance will be made for tabular or graphical presentations and screen prints, whether incorporated in the text of the technical description or attached as separate exhibits. Textual explanations of screen prints or graphic materials, standard commercial brochures or descriptions, or other standard product documentation that are attached in appendices or exhibits will not be counted against page limitation. However, evaluators cannot be expected to comprehend all material in exhibits whose content and relevance to the proposal description are not clearly integrated into the technical discussion. Proposals shall include the following information and not exceed 50 pages total (25 pages, double sided), excluding attachments and samples. The technical proposal must be paginated. Use tabs with titles as section separators.

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The State desires and encourages that proposals be submitted on recycled paper, printed on both sides. While the appearance of proposals and professional presentation is important, the use of non-recyclable or non-recycled glossy paper is discouraged. Illegible proposals or illegible writing shall be deemed non-responsive and will not be evaluated. A proposal with missing or inconsistent information may be considered non-responsive and may not be evaluated.

4.3 Response Format.Proposals MUST follow the format outlined with hard copies of each document provided as instructed. Proposal sections should be tabbed, clearly identifiable, and contain the following specifics:

A. Administrative Documents Signed RFP Response Cover Sheet (Sign in blue ink, please) Completed W-9 (Attachment 1) Completed Vendor Disclosure Statement (Attachment 2) Colorado Secretary of State’s Certificate of Good Standing Table of Contents

B. Executive SummaryIn no more than two pages, Offeror shall furnish a cover letter to introduce the firm and its qualifications, and to provide a general overview of its proposal. The Executive Summary should provide the reader with an overall understanding of the proposal and the Offeror’s approach.

C. Technical Proposal Offerors shall restate each of the requirements in Section 3 - Scope of Work and provide your company’s proposal and approach to each of the deliverables.

D. Price ProposalOfferors shall separately submit with their proposals the proposed pricing that supports their response to Section 3 - Scope of Work, using the Price Proposal, Attachment 4. The Price Proposal shall include your company’s Pricing Models and Pricing Narrative. Offerors shall outline Pricing Models, and include a detailed Pricing Narrative that justifies its rates within the scope of services.

Include in the Price Proposal, Attachment 4:1. Break out of services and associated rates2. Research costs that are not included in your company’s break out of services and associated

rates3. Special packages4. Setup fees or monthly service fees to use your company’s services 5. Additional pricing for creating custom reports6. Additional charges for researching information re: names, aliases and name variations. Identify

rates per applicant and rates per transaction.7. Additional charges for re-investigations8. Colorado specific requirements for Department of Revenue Marijuana Enforcement Division

a. Confirmation that funding source or sources for investment for financial interests in a marijuana business were lawfully obtained.

b. Performance of an applicant interview to confirm the accuracy of the information received. The interview must be conducted in person. Applicants may be located in the U.S. or abroad.

D.1. The Pricing Narrative should explain how your company has structured its costs and how it proposes to charge the State for the work. Identify and describe research costs that are not included in your company’s break out of services and associated rates. Identify and describe any special packages, setup fees, and monthly service fees. Identify and describe additional pricing for creating custom reports, additional charges for researching information re: names, aliases, and name variations, additional charges for re-investigations, and any other fees not included in service rates bid. Identify and describe separate fees to meet Colorado specific requirements for DOR MED. Describe your company’s cost drivers as they relate to the scope of services contained in each pricing model.

The State will not consider the submission of brochures, references to websites and/or other marketing material as a substitute for written responses to our requirements and questions.

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Section 5 - Evaluation and Award Selection Process

5.1 Evaluation Process.A comprehensive, fair and impartial evaluation of each proposal received will be conducted, in accordance with the State Procurement Code (24-103-203, C.R.S.) and the related State Procurement Rules. The evaluation committee will judge the merits of the proposals received in accordance with the evaluation criteria stated in the RFP (see following). The sole objective of the evaluation committee is to recommend the Offeror(s) whose proposal(s) is/are most responsive to the State of Colorado’s needs, cost and other factors duly considered.

5.2 Evaluation Factors.The following evaluation factors are listed in order of importance. Overall responsiveness most advantageous to the State’s needs will determine the award:

1. Technical Approach

2. Pricing

3. Qualifications and Experience

4. Agreement to Draft State Price Agreement, Exhibit B. – The extent to which Offeror agrees to the Draft State Price Agreement terms and required Special Provisions without seeking exceptions.

5.3 Award Methodology.The merits of proposals received will be evaluated in accordance with the evaluation factors stated in this RFP. The proposal identified as most advantageous to the State will be awarded a contract. While numeric evaluations may be used in some aspects of the process to identify strengths and weaknesses of proposals, the final decision will be a business decision and not based on a numerical score. A Decision Memorandum will document the basis for the award decision. The State Purchasing & Contracts Office will post the “Notice of Intent to Award” on VSS.

The State reserves the right to make awards based on initial proposals, so Offerors are encouraged to submit their most favorable proposal at the time established for receipt of proposals. Offerors not meeting the requirements identified in the RFP shall be ineligible for further consideration. The State may conduct discussions with Offerors for the purpose of promoting understanding of the State’s requirements and the Offeror’s proposal, to clarify requirements, including, but not limited to best and final offer (BAFO). Clarifications or BAFOs to proposals, if permitted, shall be requested in writing from Offerors and responses by the Offeror submitted in writing by a specific deadline identified in the State’s request for information.

The Offeror is responsible to provide requested information. Failure of the Offeror to provide any information requested in this RFP may result in disqualification of the proposal.

The apparent successful Offeror(s) may be required to submit an audited financial statement for the most current reported period and a reasonable number of previous years (in order of preference), in order to assist the State in making its determination of Offeror responsibility in accordance with C.R.S. 24-103-401. Such audited financial statements shall have been reviewed by a certified public accountant, a third-party prepared financial statement if an audited or reviewed statement is not available, or another financial statement prepared in the routine course of the Offeror’s business; and such documents are provided by Offeror to the State at no cost to the State.

5.4 Offeror Presentations/Demonstrations/Interviews.At the State’s sole discretion, Offerors in the competitive range (those most responsive to the requirements and reasonably susceptible of being selected for award) may be provided an opportunity to make an oral presentation and/or demonstration. A specific date, time, and location will be determined by the State and a written invitation will be provided to the Offeror. If proposal revisions are permitted after oral presentations, demonstrations, and/or discussions, a date and time will be established in writing by the State. Offeror will not be provided an opportunity for comprehensive proposal revisions. Any costs incurred by the Offeror for the presentation and/or demonstration are its responsibility.

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Section 6 - Definition of Terms

Awarded Contractor/Vendor/Bidder: “Awarded Contractor” or “Awarded Vendor” or “Awarded Bidder” means the Offeror whose proposal the State determines to be most advantageous considering the factors set forth in Section 4 and whose proposal(s) is approved and accepted by the State which enables the State to undertake a contract with the Contractor for the purchase of the services and/or goods.

Contractor: Any organization or individual that seeks to provide, or is already providing, goods or services. Often synonymous with “selected, successful, or awarded “Offeror” or “Bidder” or “Vendor”.

C.R.S.: Colorado Revised Statutes and as amended.

FTI: Federal Tax Information.

Offeror : Technically, any organization or individual submitting a proposal in response to a Request for Proposals (RFP) solicitation. "Offeror" is often used more generally to mean any organization or individual submitting an offer or “bid” or “proposal” in response to any type of procurement solicitation. Same as “Bidder” or “Vendor”.

Proposal: Technically, an offer in response to a Request for Proposals (RFP) solicitation.

Request for Proposals (RFP): A procurement solicitation that seeks offers from organizations or individuals to perform the scope of work defined in the RFP, in accordance with the terms listed in the RFP. An RFP is issued with the intent of selecting the most advantageous bid, making an award to that Offeror(s), and entering into a contract. Award selection is based on multiple factors, price being one and where price may not be the critical factor.

Service Disabled Veteran Owned Small Business: A business that is incorporated or organized in the State of Colorado or that maintains a place of business or office in the State and is officially registered as a Service Disabled Veteran Owned Small Business by the Center for Veterans Enterprise within the United States Department of Veteran Affairs (US DOVA) (www.vetbiz.gov). Vendor claiming such status must identify itself and submit documentation of its certification from the US DOVA with its response to a solicitation.

Solicitation: A document issued by a prospective buyer that requests competitive offers from organizations or individuals to sell the goods and/or services that are specified in the document. A solicitation typically results in an award of a contract or purchase order for the goods or services, based on an award methodology defined in the solicitation. Types of solicitations issued by State of Colorado agencies include: Requests for Proposals (RFP), Invitations for Bids (IFB), and Requests for Documented Quotes (DQ).

State : The State of Colorado, State Purchasing & Contracts Office (SPCO) which is the Colorado purchasing department that directs the procurement policies and procedures for State agencies. When an agency does not have a purchasing director, the SPCO assumes the responsibility for RFP level solicitations.

Subcontractor: A Vendor selected by the Contractor that enters into a contractual relationship with the primary Contractor to carry out the project as a result of the solicitation.

Vendor: Any organization or individual that seeks to provide, or is already providing, goods or services. Often synonymous with “selected, successful, or awarded “Offeror” or “Bidder” or “Contractor”.

VSS: The State of Colorado's Vendor Self-Service System web site, located at: www.colorado.gov/VSS. All solicitations published by State agencies and institutions are published on VSS, unless specific entities have been granted to opt out of the program. Vendors have access to this website.

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http://www.colorado.gov/VSS

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