1-1. General Information- Notice of Sole Source.docx

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Attached to
UDOT Notice of Sole Source-
Solicitation number
UDOT 260293CNSS
Issued by
Utah

About this file

This is a Notice of Intent to Award a Contract Without Engaging in a Standard Procurement Process issued by the Utah Department of Transportation (UDOT). The notice indicates UDOT's intent to award a contract to a sole source supplier without competitive bidding if one of three conditions is met: only one source exists for the procurement item, transitional costs are a significant consideration, or circumstances make standard procurement impractical and not in the procurement unit's best interest. The notice serves as a public comment period to determine whether other qualified suppliers exist that meet the procurement requirements. Specific details regarding the procurement item, quantities, scope of work, and specifications are contained in justification documentation attached to the notice. The closing date and time for submissions are posted in the bidding system and are in Mountain Time.

Interested parties may challenge the sole source determination by submitting detailed documentation to jefferybarnes@utah.gov prior to the posted closing date. Challengers must provide the contesting person's name and detailed explanation of why the procurement is not valid sole source, along with documentation proving their firm can provide a comparable or better item meeting or exceeding requirements, can provide the same proprietary or equivalent item, or can demonstrate lower transitional costs if applicable. If no valid challenges are received after the public notice period expires, UDOT may proceed to award the contract to the identified supplier without competition. No action is required from parties who agree with the sole source determination. All respondents must certify they have read all documentation attached to the notice.

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NOTICE OF INTENT TO AWARD A CONTRACT WITHOUT ENGAGING IN A STANDARD PROCUREMENT PROCESS

This is NOT a request for competitive solicitation. This is a public notice for comment regarding a proposed procurement without engaging in a standard procurement process if it is determined that the following exist:

· there is only one source for the procurement item; or

· transitional costs are a significant consideration in selecting a procurement item; or

· the award of a contract is under circumstances, described in rules adopted by the applicable rulemaking authority, that make awarding the contract through a standard procurement process impractical and not in the best interest of the procurement unit.

The intent of this notice is to determine if there are any other interested and qualified suppliers that meet the requirements of this procurement.

For information regarding the specifics of this proposed procurement, please see the justification documentation attached within this notice.

If a party agrees that this proposed purchase is a valid sole source, NO ACTION IS REQUIRED.

However, if for any reason a party does not agree with the proposed procurement, you must supply such information (regardless of any prior communications with the Utah Department of Transportation), prior to the system closing date and time, as to why this is not a valid proposed procurement. Please email jefferybarnes@utah.gov

Suppliers claiming this is not a valid Sole Source procurement must submit the following information:

· The name of the contesting person; and

· A detailed explanation of the challenge, including documentation showing that there are other competing sources for the procurement item.

In addition, a challenging supplier should include:

· Documentation that your firm can provide a comparable or better procurement item meeting or exceeding the requirements; or

· Documentation that your firm can also provide the same proprietary procurement item or an equivalent procurement item; or

· If Transitional Costs are identified as the justification for this notice, submit a cost comparison of the identified transitional costs with your firm’s anticipated transitional costs.

Questions in regards to Scope of Work or Specifications need to be submitted through the bidding system.

This notice will expire upon the posted closing date and time (Mountain Time). It is the responsibility of each registered user to ensure that their response is submitted prior to the indicated closing date and time.

Comments or objections received will be taken into consideration before any further action occurs on this proposed procurement. No action is required if you agree with this determination of Sole Source procurement.

If, after the public notice period has passed, it has been determined that there are other suppliers that can provide as to the requirements of this notice, the Utah Department of Transportation will not award a contract pursuant to this notice.

However, if after the public notice period has passed and no valid challenges have been received, then the Utah Department of Transportation may proceed to award a contract to the identified supplier without competition.

Please read the provided information very carefully before submitting a response to this notice.

NOTICE: Respondent certifies, if submitting a response to this notice, that the respondent has read all of the documentation attached to this notice.

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