1-AOCss26001 NCSC sole source.pdf

Chief Justice Matthew B. Durrant Utah Supreme Court Chair, Utah Judicial Council

December 1, 2025 Ronal B Gordon

State Court Administrator Neira Siaperas

Deputy Court Administrator

The mission of the Utah judiciary is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.

450 South State Street / P.O. Box 140241 / Salt Lake City, Utah 84114-0241 / 801-578-3842 / Email: dustint@utcourts.gov

Notice Number: AOCSS26001

Due Date for Comments: Monday, Dec 8th, 2025 @ 3:00 p.m. (mst)

The Utah Procurement Code provides that a procurement may be made without competition under certain circumstances. Therefore, an ACWESP, Intent to Award a Contract without Engaging in a Standard Procurement Process (sole source) is justified if there is only one product or service that can reasonably meet the state’s need and there is only one vendor who can provide the product or service; or if transitional costs make changing vendors not fiscally responsible for taxpayer dollars.

The Administrative Office of the Courts has received a request to make the following Non-Standard Sole Source procurement:

Product and/or service to be purchased: The contractor will perform a space utilization study for courtroom usage as part of the Court’s new courthouse funding requests for the Utah Legislature. This vendor is a non-profit that provides this expertise for Courts nationwide. Their familiarity with the unique nature of state courts and justice systems enhances their ability to work on this utilization study.

Proposed Sole Source Supplier: National Center for State Courts (NCSC)

Sole Source Justification: Details on the following pages…

If for any reason, any party does not agree with the proposed procurement, please email Dustin Treanor in the Administrative Office of the Courts at dustint@utcourts.gov prior to the “Due Date for Comments” indicated above.

DO NOT SUBMIT INFORMATION IN THE U3P Procurement Place website.

DO NOT SUBMIT A BID/PROPOSAL AS THIS IS NOT AN RFP.

mailto:dustint@utcourts.gov

UTAH STATE COURTS

Purchasing Department

NOTICE OF INTENT TO AWARD A CONTRACT WITHOUT ENGAGING

IN A STANDARD PROCUREMENT PROCESS

AOC Purchasing is publishing this notice pursuant to the Utah Procurement Code. The Conducting Procurement Unit submitted this form to Purchasing claiming that it intends to award a contract without competition if it is determined by Purchasing, in writing, that:

• there is only one source for the procurement item;

• 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.

In the subsequent pages the Conducting Procurement Unit has identified its justification for wanting to award a contract without engaging in standard procurement process.

Determination of Other Interested Vendors

The intent of this notice is to determine if there are any other interested and qualified vendors that meet the specifications of this notice. Any such vendors 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 vendor should include:

• Documentation that your firm can provide a comparable or better procurement item that meets or exceeds the specifications;

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

• 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.

Regardless of any prior communications with Purchasing or the State, all vendors interested in responding to this notice must submit a response to this posting containingcomplete responses to all of the information requested above.

DO NOT CONTACT THE CONDUCTING PROCUREMENT UNIT. Any questions regarding this notice, including obtaining additional information, can be obtained through AOC Purchasing during the publication period.No action is required if you agree with the justification.

If, after the public notice period has passed, AOC Purchasing determines that there are other interested and qualified vendors that meet the specifications of this notice,Purchasing will not award a contract pursuant to this notice.

If, after thepublic notice period has passed, no valid challengeshave been received, then Purchasing may award a contract to the identified vendor without competition.

Please read the entire form very carefully before responding to this notice.

Issuing Procurement Unit: AOC

Conducting Procurement Unit: Court Facilities

It is anticipated that this procurement will result in a:

RESULT ACTION

Agency Contract

1. The term of this contract will be: and renewal options: .

2. The Conducting Procurement Unit may not make the procurement until the solicitation process is completed and a contract is written and signed by the procurement unit, the vendor, and AOC Purchasing.

X Purchase Order The Conducting Procurement Unit may not make the procurement until after the solicitation process is completed, the purchase order is signed by AOC Purchasing, and the purchase order is delivered to both the agency and the vendor.

Description of procurement item to be purchased: Courtroom Utilization Study in Davis County

Estimated value of the contract/purchase order: $67,069

Freight Cost (F.O.B. Destination, Freight Prepaid): $0.00

Vendor Name: NCSC

Explain in detail the service or product to be procured (additional information can be found on the attached Scope of Work):

Courtroom usage study for three Davis County courthouses (14 courtrooms) which will identify actual daily usage based on all hearing types, forecast future growth needs, suggest future courtroom space design and compare against national courtroom usage.

Complete disclosure must be included with this request if the requestor has any personal, financial, or fiduciary relationship with the vendor. (Please Attach)

CHECK THE BOX THAT IDENTIFIES WHY A CONTRACT SHOULD BE AWARDED WITHOUT ENGAGING IN A

STANDARD PROCUREMENT PROCESS:

There is only one source for the procurement item. Complete section A

Transitional costs are a significant consideration in selecting a procurement itemand the results of a cost-benefit analysis demonstrate that transitional costs are unreasonable or cost-prohibitive, and that the award of a contract without engaging in a standard procurement process is in the best interest of the procurement unit

Complete section B

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.

Complete section C

SECTION A: ONLY ONE SOURCE

1. What is unique about this procurement item to justify anaward of contract without engaging in a standard procurement process? (Explain in detail why the service or product is only available from a single supplier.)

The State Legislature has requested that we perform a third-party space utilization study for courtroom usage as part of our new courthouse funding requests. The National Center for State Courts (NCSC) is a non-profit that provides expertise in consulting and collaborating with court clients across the country to study current operations, identify areas for improvement, and support innovation. They are uniquely qualified and provide a broad range of resources, including: an expert staff, a long-standing and trusted relationship with court partners, a wealth of knowledge about and experience working with state courts, and institutional links to other national court-related organizations. NCSC’s familiarity with the unique nature of courts and justice systems enhances its ability to work effectively and efficiently to create this space utilization study.

2. Could the procurement item be reasonably modified to allow for competition?

No

3. Explain the market research performed.

See above

4. What research have you conducted to ensure the requested procurement item is not available on an existing state cooperative contract?

5. If there is only one source for the procurement item, list the names of other similar vendors contacted, contact person, and a summary of their response, SECTION B: TRANSITIONAL COSTS

1. Describe the existing equipment, technology, software, accessories, replacement parts, or service, hereafter referred to as equipment; include the original purchase price and date of purchase for the existing equipment.

2. Please supply the following:

a. Procurement method that was used to purchase the existing equipment? (IFB, RFP, Sole Source):

b. Solicitation number, RQS number, or sole source number for the existing equipment:

c. Contract number for the existing equipment:

3. Attachthe cost-benefit analysis, as required by Utah Code Section 63G-6a-802 that demonstrates that transitional costs are unreasonable or cost-prohibitive.

SECTION C: STANDARD PROCUREMENT PROCESS IMPRACTICABLE

1.

Cite the applicable rule adopted by the applicable rulemaking authority that provides that awarding the contract through a standard procurement process is impractical and not in the best interest of the procurement unit under the circumstances;

including any supporting documentation.

2. Please supply the following, if applicable:

a. Procurement method that was used to purchase the existing equipment? (IFB, RFP, Sole Source):

b. Solicitation number, RQS number, or sole source number for the existing equipment:

c. Contract number for the existing equipment

LEASING PERSONAL PROPERTY (Not Real Property) Lease requests must include an approved FI 9 State of Utah Lease Obligation Record form from the Division of Finance. The FI 9State of Utah Lease Obligation Record form can be found on the Division of Finance website finance.utah.gov under Forms.

The Finance policy FIACCT 09-21.00 Fixed Assets – Leases can be found on the Division of Finance website under Accounting Policies and Procedures.

Approved FI 9 attached.

Revised June 30, 2016