- RFI GUIDELINES
- Introduction; The Colorado Open Records Act
This Request for Information’s (RFI) purpose is only to gather information. It shall not be used to enter into a binding agreement between Respondent and Utilities. Respondents to this RFI may be invited to participate in a future solicitation which results from information gathering from the RFI.
The contents of the response submitted may be relied upon to create requirements for related projects, either procured or otherwise accomplished internally.
Utilities is an enterprise of the City of Colorado Springs, a Colorado home rule city and municipal corporation, and is subject to the Colorado Open Records Act, C.R.S. § 24-72-201, et seq. (“CORA”). All responses to solicitations that Utilities receives may be subject disclosure under CORA.
If Respondent believes portions of its proposal are exempt from disclosure under CORA, Respondent must provide Utilities with a copy of its proposal that redacts the portions that are exempt under CORA. Respondent may only redact portions of its proposal that it reasonably believes will fall under a CORA exception or exemption. If Utilities believes, in its sole discretion, that Respondent’s redacted copy does not comply with CORA, Utilities reserves the right to reject Respondent’s redacted copy, and may request that Respondent resubmit a redacted copy that complies with CORA. If Respondent refuses to redact the proposal in accordance with CORA, Utilities also reserves the right to reject Respondent’s proposal in its entirety. By not providing Utilities with a redacted copy of the proposal, Respondent acknowledges and understands that Utilities may release the entirety of the proposal as written. Any and all documents submitted by Respondent in response to this RFI shall be deemed part of the Respondent’s “proposal”.
If Utilities receives a CORA request for any documents that make up the proposal, Respondent acknowledges that Respondent will be requested to indemnify Utilities from and against all attorney fees and costs incurred by or awarded against Utilities in connection with any litigation brought under C.R.S. § 24-72-204(5), challenging Utilities’ denial of inspection and copying of these records, if Utilities agrees to withhold or redact from disclosure documents identified by Respondent as subject to an exemption or exception under CORA.
Notwithstanding anything else stated in this Section to the contrary, the total proposal price and all components included therein within the proposal shall be presumed to be public information and may be released under CORA and will not be redacted.
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- Requests for Information/Clarification
Respondent shall direct any requests for clarification or additional information regarding the submission of this RFI to the Sourcing Owner listed in the Sourcing Event and submitted using the discussion forum in BidNet Direct. Any unauthorized contact regarding the subject matter of this RFI between any Respondent, its agent, employees, or others on the Respondent’s behalf and UTILITIES’ staff, other than Utilities Procurement personnel may result in rejection of the Respondent’s proposal.
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- Submission of Proposal
Respondents shall be responsible for responding to this RFI before the deadline in BidNet, by clicking on the Submit Response and ensuring an email confirmation. Under no circumstances will Utilities accept a late response via e-mail or any other means other than through BidNet.
All responses become the property of Utilities upon submission into BidNet.
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- Submittal Terms and Conditions
Information requested in this RFI is submitted by Respondent’s authorized representative. Respondent certifies that at time of its submittal that the information provided is truthful and accurate to the best of its knowledge. Respondent also agrees it will reasonably respond to Utilities’ questions or discussions so that Utilities can fully understand the information provided. Respondent’s activities and efforts are understood are voluntary. Utilities may utilize the data submitted in any reasonable manner unless otherwise expressly limited in the written response provided.
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- Addenda to the Request for Information
If it becomes necessary to revise any part of this RFI, an addendum will be posted in BidNet. The addendum will be available to all Respondents who have registered on the site. It is the Respondent’s responsibility to monitor and download any Exhibits and Addenda posted within BidNet. Utilities will not provide additional notifications to Respondents.
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- Respondent Responsibility for Proposal Costs
Utilities is not liable for any cost incurred by any Respondent associated with the preparation of a proposal or the negotiation of a contract for services prior to the issuing of the contract.
Selected Respondents may be asked to present proposals and/or to demonstrate ability to provide products or services to Utilities in Colorado Springs or at another location agreeable to both parties. Respondents shall bear all costs for such presentations or demonstrations.
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- Disclosure of Submittal Content
As stated in Section 1, Utilities is subject to CORA. If a proposal contains confidential or proprietary information that Respondent does not want disclosed to the public or used for any purpose other than the evaluation of this response, Respondent shall clearly and narrowly identify such information and indicate which section of CORA Utilities may claim that such exception to disclosure exists.
All such information must be indicated in accordance with the Questionnaires upon submittal in BidNet Direct.
Respondent acknowledges and agrees that it is providing Utilities with a license to use all information without limitation unless otherwise stated.
If a response is submitted, Utilities reserves the right to use any of the concepts or ideas contained therein without incurring any liability.
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- Right to Disregard Submittals
Utilities reserves the right to reject or disregard any and all submittals.
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- Obligation to Report Unlawful Activities
This solicitation and the rights and obligations of the Parties hereunder shall be subject to all applicable laws, orders, court decisions, directives, rules and regulations of any duly constituted governmental body or official having jurisdiction.
Respondent has a duty to report any suspected unlawful act impacting the City of Colorado Springs and its enterprises. Anyone who becomes aware of fraud, waste, and abuse by the City of Colorado Springs and its enterprises is encouraged to report such matters to the City Auditor’s Office in writing or via the telephone hotline: (719) 385-2387 (ADTR). Written correspondence can be mailed to:
City Auditor
P.O. Box 2241
Colorado Springs CO 80901
Or via email FraudHotline@coloradosprings.gov. Any of these mechanisms allow for anonymous reporting. For more information, please go to the website https://coloradosprings.gov/cityfraud.