1-01. IFB General Bid Information.doc

Invitation for Bid

UTAH DEPARTMENT OF TRANSPORTATION

Division of Procurement 4501 South 2700 West

PO Box 148260 Salt Lake City, UT 84114

I. General Overview and Instructions

The documents included within this solicitation are designed to provide interested bidders with sufficient basic information to enable the bidder to determine if they can provide as per the outlined requirements.

This solicitation is issued in accordance with the State of Utah Procurement Code, Utah Code Annotated (UCA) Chapter 63G-6a, and applicable Rules found in the Utah Administrative Code (UAC). If any provision of this solicitation conflicts with the UCA or UAC, the UCA or UAC will take precedence.

NOTICE: In this solicitation, if an item is defined through use of a trade name, brand name, or a manufacturer and/or model number, it is intended that the words, “or equivalent” apply; and invites the submission of equivalent products by the Bidders.

CANCELLATION OF PROCUREMENT

The Utah Department of Transportation (the State) reserves the right to cancel this solicitation at any time and not award a contract if such action is determined in writing to be in the best interest of the Department.(ref. Utah Code Annotated (UCA) §63G-6a-606).

FUTURE PROCUREMENTS

UDOT reserves the right to reopen this solicitation or create a new solicitation if it determines there may be more need for the procurement item than when the original solicitation was issued. Should a re-solicitation occur, previously awarded contracts will remain active, and all new contracts will be structured to terminate on the same date as the initial awards.

QUESTIONS AND ANSWERS

All questions MUST be submitted through the online bidding system during the designated Question-and-Answer period. Questions submitted through any other channel will not be answered. Answers disseminated by the State through the online bidding system may modify the specifications or requirements of this solicitation and will constitute an addendum to this solicitation.

Questions or notifications to the State of any ambiguity, inconsistency, excessively restrictive requirement, or errors in this solicitation MUST be submitted as a question during the Q&A period.

Issues with the solicitation that have not been previously addressed within the Q&A period of the procurement are not allowed to be addressed within a proposal and may result in the Offeror’s proposal being considered non-responsive.

Bidders should periodically check the bidding system for answered questions and addenda before the closing date. It is the responsibility of the Bidder to submit their bid as required by this solicitation, including any requirements contained in an answered question and/or addenda.

Exceptions to the scope of work or other content of the Solicitation not previously addressed within the Q&A period of the procurement may result in the submitted bid being considered non-responsive.

ADDENDA

Any modification to this procurement will be made by addendum issued by the State. Addenda to this solicitation may be made for the purpose of making changes to the scope of work, the schedule, the qualification requirements, the criteria, the weighting, or other requirements of this solicitation.

Authorized and properly issued addenda shall constitute the official and binding position of the State. Any submission in response to this solicitation which has as its basis any communications or information received from sources other than this solicitation, or related addenda, may be considered non-responsive and be rejected at the sole discretion of the State.

The State accepts no responsibility for a prospective Bidder not receiving solicitation documents and/or revisions to the solicitation. It is the responsibility of the prospective Bidder to monitor the bidding system to obtain addenda or other information relating to the solicitation

RESTRICTIONS ON COMMUNICATIONS

From the issue date of this solicitation until an award is published, Bidders are prohibited from communications regarding this solicitation with staff, evaluation committee members, or other associated individuals EXCEPT the UDOT procurement officer overseeing this solicitation. Failure to comply with this requirement may result in disqualification.

BID SUBMISSION

Notice: By submitting a bid in response to this solicitation, the Bidder is indicating agreement to perform all tasks as required in the outlined in the solicitation. Furthermore, the Bidder acknowledges and agrees that the specifications/requirements, scope of work, and the evaluation process outlined in this solicitation are understood, fair, equitable, and are not unduly restrictive.

All materials submitted become the property of the State and may be returned only at the State's option. Materials may be evaluated by anyone designated by the state as part of the proposal evaluation committee.

Bids must be received by the date and time specified in the system (the “closing date”). Bids received after the closing date will be late and ineligible for consideration.

Electronic submission instructions: When submitting a bid electronically through the online bidding system, please allow sufficient time to complete the online forms and upload documents. This solicitation will close at the posted closing time. If a Bidder is in the middle of uploading a bid at closing time, the system will stop the upload process and the bid will not be accepted by the bidding system, and the attempted submission will be considered late and ineligible for consideration.

Electronic proposals may require uploading of electronic attachments. The online bidding system will accept a wide variety of document types as attachments. However, the State is unable to view certain documents. Therefore, DO NOT submit documents that are embedded (zip files), or encrypted. All documents must be uploaded in the bidding system as separate files (system limit for file size is 50 MB).

Files submitted electronically must NOT be password protected or locked in any way.

Sample submission instructions: Bidders may be required to submit product samples to demonstrate whether a procurement item meets the specifications and other requirements set forth in the solicitation.

Samples must be received prior to the solicitation due date and time and must be furnished free of charge unless otherwise stated in the solicitation. Submitted samples will not be subject to return. Samples must be labeled or otherwise identified as specified in the solicitation.

All costs incurred in the preparation and submission of bids and any related activities are the sole responsibility of the bidder and will not be reimbursed. The State of Utah assumes no liability for any costs incurred by bidders throughout the selection process.

PROTECTED INFORMATION

Portions of a proposal may be protected by submitting a Claim of Business Confidentiality Form. However, an entire bid cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY”, and if identified as such shall be considered non-responsive unless the Bidder removes the designation.

The Government Records Access and Management Act (GRAMA), Utah Code Ann., Subsection 63G-2-305, provides in part that …”the following records are protected if properly classified by a government entity:”

(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has provided the governmental entity with the information specified in Section 63G-2-309 (Business Confidentiality Claims);

(2) commercial information or non-individual financial information obtained from a person if:

(a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future;

(b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and

(c) the person submitting the information has provided the governmental entity with the information specified in Section 63G-2-309;

(6) records the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, except that this Subsection (6) does not restrict the right of a person to see bids submitted to or by a governmental entity after bidding has closed;

Pricing may not be classified as confidential or protected and will be considered public information.

Process for Requesting Non-Disclosure: Any Bidder requesting that a record be protected MUST include with the bid a completed Claim of Business Confidentiality with the following information:

1. Must provide a completed Claim of Business Confidentiality at the time the information (bid) is provided to the state, and

2. Must include a concise statement of reasons supporting the claim of business confidentiality (Subsection 63G-2-309(1)).

3. Must submit an electronic “redacted” (excluding protected information) copy of the bid. Copy must clearly be marked “Redacted Version.”

Redacted Copy: If a Bidder submits a bid that contains information claimed to be business confidential or protected information, the Bidder must submit two separate bids: one redacted version for public release, with all protected confidential business information either blacked-out or removed, clearly marked as "Redacted Version"; and one non-redacted version for evaluation purposes clearly marked as "Protected Business Confidential."

Bidder acknowledges that its bid or redacted copy will be made public upon the State’s receipt of a GRAMA request. The Bidder will not be notified of any GRAMA request made to the State for the bid. If the Bidder submits a redacted copy, then the State will respond to a GRAMA request for the bid with the bidder’s redacted copy. However, if the bidder fails to submit a redacted copy, then the State will respond to a GRAMA request with the submitted bid, which will result in bidder’s protected/proprietary information, if any, being made public. Bidder acknowledges that notations in the header, footer or watermark of the proposal will not be considered sufficient to constitute a request for non-disclosure of protected/proprietary information.

Failure to comply with the requirements regarding Protected Information releases the State from any obligation or liability arising from the inadvertent release of Bidder information.

BID EVALUATION AND AWARD

Bids received in response to this solicitation shall be evaluated pursuant to the requirements and process as outlined within the Utah Procurement Code. Any bid that does not comply with the requirements and instructions contained in the solicitation documents will be deemed non-responsive and disqualified from further evaluation.

Multiple or alternate bids will not be accepted, unless otherwise specifically required or allowed in the solicitation. If a bidder submits multiple or alternate bids that are not requested, the Department will only accept the bidder's primary bid and will not accept any other bids constituting multiple or alternate bids.

Each bid received shall initially be evaluated for responsiveness in the following manner:

Any bid that does not pass these administrative criteria and the mandatory minimum requirements will be deemed non-responsive and will be rejected from this solicitation.

Bids that pass the administrative and mandatory minimum requirements will then be evaluated for compliance with the technical specifications or scope of work. Any bid that does not meet or exceed the technical specification or scope of work will be deemed non-responsive and disqualified from further consideration.

All bids that meet or exceed the technical specifications or scope of work shall then be evaluated on cost as outlined within this solicitation.

Discussions may be held with a bidder to obtain a more complete understanding of whether the bidder is responsible, or the bid response is responsive. Following discussions, a bid response may be rejected if it is determined that the bidder is not responsible, or the bid response is not responsive. If a bidder is required to meet with UDOT for clarification, any expenses incurred by the bidder will be at the bidder’s expense.

SOLICITATION AWARD IS NOT A CONTRACT

A solicitation award does not constitute a contract. Any award made through the bid system, notifications received from the bid system, email notifications received directly from the procurement unit, documents received by the vendor, or documents posted in the bid system, DO NOT constitute or create a contract. Only a fully executed Purchase Order (PO) or a fully executed contract constitutes a binding contract.

Between the notification of award and the receipt of a fully executed PO or contract, the procurement unit may cancel the award and/or the solicitation in full, or in part, in accordance with UCA 63G-6a-902 and 63G-6a-120.

If awarded, vendor may not begin work, purchase materials, or enter into subcontracts relating to this solicitation until they receive a fully executed PO or contract.

QUANTITY ESTIMATES AND NO GUARANTEE OF VOLUME OF PURCHASE

Historical usage may not be representative of forthcoming need, and as such, UDOT does not guarantee to purchase any amount under an ongoing resulting from this solicitation.

The issuance of a contract under this solicitation does not guarantee a minimum or maximum amount in expenditure. UDOT is not obligated to purchase any devices or services from an awarded Bidder. Purchases will be made on an as-needed basis at the Department’s sole discretion.

UDOT reserves the right to perform testing on a limited number of devices from a vendor to assess compatibility and performance before deciding whether to purchase more devices

PROTEST PROCESS

Bidders are directed to Utah Code Part 16 and Utah Administrative Code Rule R16 for available appeal processes.

CONTRACT TERMS AND CONDITIONS, EXCEPTIONS, AND NEGOTIATIONS

The Purchase Order/Contract that results from this solicitation will include, but not be limited to the following:

· Scope of Work Specifications and Instructions

· Any addendums to the solicitation as issued through the bidding system.

· Attachment A: State of Utah Standard Terms and Conditions.

It is the responsibility of the bidder to review the Standard Terms and Conditions, and any other documents that may be included within this solicitation prior to submitting a bid.

A bidder may request an exception and/or addition to the Standard Terms and Conditions during the Question-and-Answer period if allowable under the posted requirements of the solicitation.

Exceptions and/or additions to the Standard Terms and Conditions are strongly discouraged. Any requested exceptions and/or additions to the Standard Terms and Conditions must be submitted with the bid. Exceptions and/or additions submitted after the date and time for receipt of bids will not be considered. Offerors may not submit requests for exceptions and/or additions by reference to a vendor's website or URL.

The State may refuse to negotiate exceptions and/or additions that are determined to be excessive; that are inconsistent with similar contracts of the procurement unit; to warranties, insurance, or indemnification provisions that are necessary to protect the procurement unit after consultation with the Attorney General's Office or other applicable legal counsel; where the solicitation specifically prohibits exceptions and/or additions; or that are not in the best interest of the procurement unit.

In a multiple award situation, the State reserves the right to negotiate exceptions and/or additions to terms and conditions in a manner resulting in expeditious resolutions. This process may include beginning negotiations with the Bidder having the least number of exceptions and/or additions and conclude with the Bidder submitting the greatest number of exceptions and/or additions. Contracts may be executed and become effective as negotiations are completed.

If negotiations are required, Bidders must provide all documents in Microsoft Word format with redline editing. Bidders must also provide the name, contact information, and access to the person(s) that will be directly involved in legal negotiations.

Any mandatorily required acceptance of a bidder’s terms and conditions may result in the bid being determined to be non-responsive.

An award resulting from this solicitation is subject to successful contract terms and conditions negotiation (if required). The State, at its sole discretion, will determine when contract terms and conditions negotiations become unproductive and will result in termination of award to that bidder and the State may move to the next eligible bidder.

The State will not allow a bidder’s terms and conditions to become part of the Purchase Order/contract that results from this solicitation. If a bidder’s terms and conditions are attached, referenced, or embedded into a bid, whether intentionally or inadvertently, then the bidder’s terms and conditions shall be null and void and will not become part of a contract that results from this solicitation. If a bidder is awarded a contract and the bidder requests that its terms and conditions become part of the contract, then the bidder’s bid will immediately be disqualified, and the bidder will not be awarded a contract.

TECHNOLOGY MODIFICATIONS

Pursuant to Utah Administrative Rule R33-12-502 the awarded contract(s) may be modified to incorporate new technology or technological upgrades associated with the procurement item being solicited, including new or upgraded: (i) systems; (ii) apparatuses; (iii) modules; (iv) components; and (v) other supplementary items. Further, a maintenance or service agreement associated with the procurement item under the resulting contract(s) may be modified to include any new technology or technological upgrades. New technology or technological upgrades will be specific to the procurement item being solicited and substantially within the scope of the original procurement or contract.

II. Solicitation Specifics

The reference number for this Solicitation is #UDOT260292BG. This number must be referred to on all bids, correspondence, and documentation submitted in relation to this solicitation.

PURPOSE OF SOLICITATION

The purpose of this solicitation is to enter into a CONTRACT to provide Thrie beam guardrail, & components as per the specifications and requirements outlined in the solicitation documents.

BASIS OF AWARD

It is anticipated that this solicitation will result in an award to a Single Provider.

The basis of the award, amongst those bids determined to be responsible and responsive to the requirements of this solicitation, will be: Lowest Total Cost.

III. Bid Requirements

BID SUBMISSION REQUIREMENTS SPECIFIC TO THIS SOLICITATION

I. Bidders must provide sufficient information/documentation as requested to demonstrate compliance with any listed Mandatory Contractor Requirements/Qualifications. Failure to meet any one of the mandatory requirements/qualifications will result in the bid being rejected. A rejection of a bid for failure to demonstrate not meeting mandatory minimum requirements can occur at any time in the evaluation process.

1. See the Specifications/Scope of Work Document for detailed information.

II. Bidders must provide information/documentation as requested to demonstrate their ability to meet or exceed the Scope of Work and Technical Specifications.

1. See the Specifications/Scope of Work Document for detailed information.

III. Bidders must submit Cost/Pricing according to the instructions provided. Bidders shall not change the format of the cost schedule and must submit pricing in the exact format requested for a fair comparison of pricing among all bidders. Bids received in an alternate format may be disqualified.

1. See Submittal Form- Pricing.

IV. Bidders must submit a filled-out Vendor Information Form.

1. See Submittal Form- Vendor Set Up Form.

V. Bidders must submit a filled-out Claim of Business Confidentiality if claiming that information submitted is to be considered as Proprietary/Confidential.

1. See Submittal Form- Business Confidentiality- Yes No.

VI. Bidders must identify any conflict, or potential conflict of interest, that might arise during the contract.

See Submittal Form- Certifications- Yes No.docx.

General Bid Information