1-Notice of Intent to Award (Sole Source) School Book Depository.pdf

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

The Nebo School District (“NSD”) Department of Purchasing is publishing this notice pursuant to the Utah

Procurement Code. The Conducting Procurement Unit submitted this form claiming that it intends to award a contract without competition if it is determined by the Department of 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 the NSD Department of Purchasing, all vendors interested in responding to this notice must submit a response to this posting containing complete 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 the NSD Department of Purchasing during the publication period. No action is required if you agree with this Notice.

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

If, after the public notice period has passed, no valid challenges have been received, then the Department of

Purchasing may award a contract to the identified vendor without competition.

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

It is anticipated that this procurement will result in a:

RESULT ACTION

Agency

Contract

1. The term of this contract will be: 5 years with another 5-year renewal option for the current Nebo School District and each District created from the Nebo School District reconfiguration on July 1, 2027.

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 the Department of Purchasing.

Purchase

Order

The Conducting Procurement Unit may not make the procurement until after the solicitation process is completed, the purchase order is signed by the

Department of Purchasing.

Estimated value of the contract/purchase order: $15,000,000

Freight Cost (F.O.B. Destination, Freight Prepaid): 2.8% of total purchase price

Vendor Name: Mountain States Textbook Depository

Explain in detail the service or product to be procured: Depositroy in the State of Utah that meets the requirements outlined in R277-469 by the Utah State Board of Education

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

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 item and 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 an award 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 of Utah Board of Education requires that publishers offer a depository within the State of Utah, or that they maintain their own depository for school books purchased by the various school districts within the state, for access to materials and to avoid long waiting periods to obtain additional materials or pay exorbitant fees.

This is per (2)(a) A publisher seeking to sell recommended materials to Utah schools or school districts shall have 10 books and tangible adopted materials or such other amount as required by a depository based on anticipated need on deposit within the state at an instructional materials depository in the business of selling instructional materials to schools or school districts in Utah.

(b) A publisher shall submit verification of compliance with Subsection (2)(a) to the Superintendent through the publisher's contracted depository prior to the Superintendent posting a review of the materials on RIMs.

(3) A publisher may make a depository agreement with one or more depository.

(4) Notwithstanding the provisions of Subsection (2), a publisher may sell instructional materials to schools or school districts in Utah directly or through means other than a designated depository.

2.

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

Not for depositories, schools only other option is direct from publisher purchases of texts.

3.

Explain the market research performed.

Searched internet for other depositories in State of Utah, spoke with other school districts and department of education.

4.

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

Reviewed State Contracts and District contracts

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

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.

Attach the 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

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

Revised June 29, 2026