1-RFP 25-03975 Traffic User Data.pdf

UTA IT SOFTWARE AND ASSOCIATED SERVICES SUPPLY AGREEMENT

UTAH TRANSIT AUTHORITY

REQUEST FOR PROPOSALS

Cover Sheet

General Information Project Name Traffic User Data Project Description

Obtain Ridership Data for compliance with Utah Legislative Mandate as outlined in HB430 (House Bill 430)

Project Start Date February 1, 2026 Contract Type RFP Funding Source X Local � State Federal DBE Goal Not Applicable Procurement Process Information RFP No. 25-03975 Contract Administrator *All correspondence during RFP must be directed through the Contract Administrator.

Rick Wilson 669 West 200 South Salt Lake City, Utah 84101

(801) 287-3016 rwilson@rideuta.com

Evaluation Criteria:

• Technical – 75% o Meets or exceeds

Specification(s) – 30% o Experience and

Qualifications – 20% o Project Schedule – 25%

• Price – 25%

This is a best-value procurement. UTA will select the team whose proposal is most advantageous to UTA, considering both price and quality/technical factors. The technical factors will account for Seventy Five (75%) of the total evaluation.

The price will be considered Twenty Five percent (25%) of the total evaluation. See Part 2 for more information on proposal content and the rating method.

Projected RFP Schedule:

Please refer to Bonfire for updates to all dates and times.

A) Issue Request for Proposals December 5, 2025, 1:00 pm MT

B) Deadline to Submit Questions and Request for Approved Equals or Changes to UTA

December 11, 2025, 2:00 pm MT

C) Last Day for UTA to Issue Addenda and Clarifications December 15, 5:00 pm , 2025 MT

D) Deadline to Submit Proposals December 18, 2025, 2:00 pm

E) Presentations/Interviews/Problem-Solving Exercises(Optional)

TBD if needed

Included as part of this RFP

Part 1 – Project Specific Information Part 2 – Procurement Process Information Part 3 – Standard Solicitation Terms Part 4 – Standard Contract Terms / Sample Contract Part 5 – Standard Forms plus Federal Forms and Certifications (Appendix I) and Federal Clauses (Appendix II) (If applicable)

Proposal Contents Page Limit

Cover pages, table of contents, divider tabs, and resumes, the Price Proposal, and required forms do not count toward the page limit.

10 pages

Submittal Instructions

• One (1) electronic copy of the technical proposal and one (1) electronic copy of the price proposal shall be uploaded to Bonfire on or before the deadline referenced above. See Part 3 of this RFP for further instructions.

Required Forms To be considered responsive, proposals must include the additional forms, declarations, and certifications listed below:

Signed Proposal Forms and Declarations and Federal Certifications (if required)

Part 1 – Project Specific Information

GENERAL OVERVIEW

This Request for Proposal (RFP) is formal solicitation. UTA is seeking Transit Trip Data from interested parties as defined in this RFP document.

UTA is seeking Data to help comply with the legislative mandate outlined in HB430, which necessitates the submission of a tax revenue report on a biennial basis, including the number of residents in each tax district that utilize UTA’s services. To address these requirements and enhance its service planning capabilities, UTA seeks to engage a vendor proficient in utilizing advanced technologies, such as but not limited to cellular phone location-based services, to analyze and interpret travel behavior, including specifically in which of the 77 municipalities that UTA services, UTA riders live.

1.0 Scope of Work and Technical Requirements

UTA requires the vendor to deliver a comprehensive data solution that meets all mandatory requirements below. Optional features may be proposed to enhance the solution but will not substitute for any mandatory elements.

Mandatory Requirements (Primary Objective)

The proposal must address each of the following mandatory requirements in detail:

M1. Rider Origin Analysis by Tax District: The solution must accurately determine, at a minimum, the number of UTA transit users residing in each of UTA’s 77 tax districts. It must identify where transit riders live (by municipality), not just where they board a UTA route.

The vendor is expected to use data analytics to attribute transit usage to the rider’s general home location within approximately one city block, covering all municipalities in UTA’s service area. (Note: vendors are welcome to propose tracking the full Origin-Destination (OD) of users as an optional feature; see Optional Features below.)

M2. Use of Advanced Data Sources & Technology: The vendor must leverage advanced location-based data and technology to perform this analysis. Approaches may include anonymized cellular phone location data, mobile app data, GPS-based mobility datasets, or similar big data sources. Simpler methods (e.g., solely surveys or manual counts) will not be sufficient.

The proposal should describe the data sources and analytical techniques to be used, demonstrating the ability to handle large-scale data and reliably infer the desired level of specificity of the rider’s residence.

M3. Integration of UTA Geospatial Information: UTA will provide geospatial boundary data for the 77 tax districts. The solution must integrate this data such that ridership is assigned to the correct tax district. All analysis must align with UTA’s official district boundaries. The vendor should confirm ability to ingest UTA’s GIS files (shapefiles or geodatabases) for municipalities and use them in the analysis.

M4. Reporting Cycle Capability: The vendor must deliver the required analysis at a minimum on a biennial basis that includes three (3) collection periods to coincide with the typical major cycles of ridership throughout the year, including when school is and isn’t in session and seasonal services not offered year-round. The solution should be sustainable for repeated use: once implemented, it can be rerun or updated for each reporting cycle without a complete rebuild. For 2026 only, the selected Proposer may be required to provide the data for one collection period in time for UTA’s next report (anticipated spring 2026) and subsequent updates thereafter. Each reporting cycle must average data across the cycle timeframe, and responses must describe how this is done to address anomalies in data caused by weather, day of week, and holiday variances. (Note: While the minimum is biennial, vendors are welcome to propose more frequent data refreshes as an optional feature; see Optional Features below.)

M5. Data Output Format (ESRI Integration): The analysis results must be delivered in one or more formats easily integrated into UTA’s ESRI ArcGIS environment. Acceptable formats include ESRI file geodatabase tables, shapefiles, or other common GIS data formats (GeoJSON, CSV with spatial keys, etc.). The output must enumerate each tax district and the corresponding number of transit-using residents. The proposal should specify the exact format(s) to be provided.

M6. Privacy and Anonymization: The solution must ensure no personally identifiable information (PII) of individuals is available to or revealed to UTA. All data handling must comply with privacy laws and best practices. For example, any device or person-level data used must be anonymized (e.g., via hashing or aggregation) before analysis, and results must be reported only in aggregate by district. UTA must not receive raw data that could identify individual riders or private addresses. The vendor should describe how they will guarantee privacy (e.g., using aggregated metrics, compliance with GDPR/CCPA, etc.) and maintain data security throughout the process.

M7. Accuracy and Validation: The methodology must produce accurate and reliable results. The vendor must implement quality assurance steps to validate the counts of riders per district are correct and define the confidence of their data (e.g. “95% accuracy”). This may involve cross-checking with known benchmarks (such as UTA’s system-wide ridership totals or sample surveys) or other statistical validation. The proposal must discuss how the vendor will handle potential data anomalies (for instance, a rider living just outside the service area, or devices that are difficult to assign to a single home location) to ensure each district’s count is as accurate as possible. Clear documentation of the methodology and any assumptions is a required deliverable (see Deliverables).

M8. Deliverables and Documentation: For each reporting cycle, the vendor must provide:

• Data Deliverable: The complete riders-by-tax-district dataset in the agreed format (see #M5), covering the defined period. Each district should be identified (by name or code) and have the number of resident riders during the reporting cycle.

• Summary Report: A brief report or memo (2-5 pages) summarizing the methodology, data sources, and findings. This report should explain in plain language how the data was derived and highlight any key insights or caveats. UTA will use this for internal understanding and to support the official submission.

• Data Access (if applicable): If the solution involves a platform or dashboard, provide UTA with access credentials or exported data. However, the primary deliverable is the static dataset and documentation as described.

M9. Ongoing Support: The vendor must provide as-needed support to UTA’s staff for integration and interpretation of the results. At minimum, an initial handover/training session should be conducted after the first analysis to walk through the data and how it was produced. The vendor should be available to answer questions or troubleshoot issues, especially around the times of report preparation. The proposal should outline the level of support included (e.g., number of meetings, response time for inquiries, etc.).

Optional Features (Secondary Value-Adds)

UTA is interested in optional features or value-added services the vendor can provide. Additional features may be considered by UTA at a later date. These are not required for a compliant proposal and will not be considered in proposal scoring. Optional features could include, but are not limited to:

• More Frequent Data Refreshes: The vendor may offer to update the riders-by-district analysis on a more frequent basis (e.g., monthly, quarterly, or continuously) outside of the biennial requirement. This would help UTA monitor trends in transit usage by area in between official reports. If offered, specify the frequency (e.g., a quarterly data dashboard) and how UTA would access these interim updates. Note that the price proposal should separate the cost of mandatory biennial updates vs. optional interim updates.

• Interactive Data Dashboard or Tools: In addition to raw data, the vendor could provide an interactive dashboard or GIS tool for UTA to visualize and query the data. For example, a secure web-based map showing transit rider density by area, with the ability to filter by time of day or mode, would be a valuable planning tool. If such a tool is included, describe its features, technology platform, and any licensing requirements. Training for UTA staff to use the tool should also be mentioned.

• Additional Analytics and Insights: The vendor’s analysis might produce further insights useful to UTA. Proposers are encouraged to propose any additional analytics that come with the data.

Examples:

• Origin-Destination Flows: If data allows, showing patterns of where each district’s riders are traveling (e.g., many residents of City A commute to City B via transit).

• Mode Split or Route Analysis: Breakdown of usage by bus vs rail for each area, if discernible.

• Temporal Trends: Changes in each district’s transit ridership over the past several years;

identification of emerging markets or declining usage in certain areas.

• Comparative Metrics: Benchmarks such as the percentage of each district’s population that uses transit, transit trips per capita by district, or correlations with demographic data. If the vendor can provide such insights without additional data collection, they should describe them and how they would be delivered (as additional report sections, data files, etc.).

• Integration of UTA Data Sources: Although UTA expects the vendor to supply the primary data needed, the vendor may optionally incorporate UTA’s internal data for improved analysis. If the Proposer believes including UTA data (like fare transaction records or survey results) would enhance accuracy, they should note what data would be useful and how they would use it. (Any sharing of UTA data will be subject to confidentiality and privacy safeguards.)

• Future Scalability and Use Cases: The vendor can highlight if their solution can be extended beyond this project. For example, can the same data platform be used to support UTA’s long-range planning, marketing efforts, or equity analyses? While not necessary for current selection, a solution that can adapt to future needs (like analyzing why certain areas have low ridership, or simulating changes if new transit service is introduced) could add value. Proposers may describe any such forward-looking capabilities as a value-add.

Optional features should be clearly identified in the proposal. Include any additional costs or assumptions associated with them in the optional features price proposal submittal. If a vendor’s proposal solution combines certain optional features, clearly show which features are included together for a given price offering.

Proposal Submission Requirements

Each proposal should be organized and comprehensive. At minimum, the Technical Proposal should include:

• Approach and Methodology: Describe in detail how the Proposer will fulfill each mandatory requirement (M1–M9). It is recommended to use the same numbering or headings as above to ensure clarity. Explain the proposed data sources, tools, and techniques. Demonstrate understanding of UTA’s goals and any challenges, and how the approach overcomes them.

• Data Sources and Technology: Identify the specific data sets the Proposer will use (e.g., “XYZ cellular data set with coverage in Utah”), any partnerships for data if applicable, and the technology platform for analysis (e.g., custom Python data pipeline, GIS software, proprietary platform). Include any relevant technical info such as data update frequency, volume, and quality measures.

• Project Plan and Timeline: Provide a project schedule outlining key tasks and milestones, including data acquisition, analysis, delivery of first report, and future update cycles. Include an estimated start date after award and how quickly the initial results for all the mandatory requirements can be delivered and timing of delivery of any optional offerings.

• Deliverables: Reiterate the deliverables the Proposer will provide (data files, reports, access credentials, etc.), and if any optional deliverables are being offered, list those separately.

Confirm the Proposer’s ability to meet format requirements and any software considerations.

• Team and Experience: Identify the key personnel on the project, their roles, and relevant experience. Summarize the Proposer’s qualifications and past projects that are similar in scope – especially any work for transit agencies or involving location data analytics. Provide resumes for key staff no longer than 2 pages each.

• Optional Features: Clearly mark any proposed optional features or add-ons. Explain how they benefit UTA and any additional resources required. It must be clear what features or add-ons are not included in the base mandatory bid.

• Assumptions and UTA Support Needed: List any assumptions made in the proposal (e.g., “assuming UTA will provide X data by Y date” or “assuming a minimum sample size of Z riders”).

Also specify anything the Proposer would need from UTA to be successful (beyond what’s stated, such as periodic access to subject matter experts, etc.).

• Compliance and Exceptions: Confirm the Proposer’s compliance with all mandatory requirements. If the Proposer has any exceptions or cannot meet a requirement exactly as specified, state so clearly with proposed modifications. (UTA reserves the right to disqualify proposals that materially deviate from mandatory requirements, so exceptions are generally discouraged.)

Important: The technical proposal should be sufficiently detailed to evaluate the Proposer’s understanding and approach. Brevity in form of generic assurances (e.g., just stating “we will comply”) will be viewed unfavorably—provide specifics on how the Proposer will comply. Conversely, avoid unnecessary marketing information not pertinent to this project.

Submission Format: Please submit the Technical Proposal as a PDF or Word document. A separate Price Proposal must be provided (see Part 2 for pricing instructions), as pricing will be evaluated independently.

Response to Requirements Table (Required)

To facilitate the evaluation, the Proposer shall include a table or section that explicitly responds to each Mandatory Requirement (M1–M9). This can be formatted as follows (for example):

Requirement Vendor Compliance & Response Summary

M1: Rider Origin by District

Comply. Our solution will use DataSource X to identify home locations...

(summary of approach).

M2: Advanced Data Tech

Comply. We leverage cellular data through Partner Y and our analytics platform...

Requirement Vendor Compliance & Response Summary

... ... (and so on for M3–M9) ...

Each requirement response must indicate compliance (“Comply”, “Partially Comply”, or “Cannot Comply”) and a brief summary. Detailed explanations should then be given in the methodology section of the proposal with cross-references as needed.

A. SPECIAL REQUIREMENTS

The proposed solution must have a high level of cybersecurity and a unique URL for UTA. All UTA data must be kept in a separate database and never commingled with other customers’ data. Activity auditing must be available for all actions and be trackable by user. Specific technical details of the security measures in place should be included in the submission for review by UTA’s Information Security team. The proposed solution must comply with UTA Security Requirements for SaaS/Customed Developed Systems found in Exhibit C of the sample contract located in Part 4 of this

RFP.

REQUEST FOR PROPOSALS

Part 2 – Procurement Process Information

B. PROPOSAL FORMAT

Proposals must adhere to the following format:

• Proposals should be formatted primarily to 8 ½ by 11 inches. An 11 by 17-inch format may be used for charts, tables, and schedules. No text should be included on the 11 by 17-inch size format except for text that is required for the interpretation of the chart, table, or schedule.

• Proposals should use a minimum of 12-point font.

• If a proposal is submitted in double-sided format, both sides of the page will be counted against

• the page Limit.

• The proposal must not exceed the page limit shown on the RFP Cover Sheet. The Proposer shall not submit brochures or additional materials. Hyperlinks will be counted toward the page limit unless specified as exempt. At its discretion, UTA will not consider such additional materials in the selection of the successful Proposer.

• The maximum file upload size in Bonfire is 50mb.

Failure to follow the format described above may result in the proposal being deemed non-responsive.

C. PROPOSAL CONTENT

The proposal should consist of the following sections in the order listed below:

Cover Letter

Explain the interest of the Proposer in the work covered by this RFP and identify the Proposer’s point of contact, including name, address, telephone, and e-mail address. Limit the cover letter to one page.

Technical Proposal (75%) o Meet or exceed Specification(s) (30%)

The Proposer shall provide sufficient information to allow UTA to evaluate compliance with the specification requirements of this RFP. Proposer must demonstrate how the data provided will meet or exceed the specification(s). Please describe in detail the Proposer’s presentation and access of the data.

o Experience and Qualifications (20%)

Proposers shall demonstrate its ability to meet the requirements of this RFP. Proposer shall also confirm its ability to meet the proposed timeframe for delivery.

Proposer shall provide a minimum of five customer references similar to the scope of work referenced in this RFP. References shall include contact names, address, phone numbers and email address.

Proposer shall have a minimum of three years of experience in work similar to that outlined in the scope of work of this RFP.

o Project Schedule (25%)

Proposer’s must provide soonest reasonable commitment to provide the required data, with the latest date of April 1, 2026.

Price Proposal (25%)

The price proposal shall be evaluated based on both price and cost realism. Price will be taken at face value, while cost realism will be evaluated based on whether the evaluator believes the Contractor’s price reflects a realistic understanding of the scope of effort and resources required to complete the project. Price proposals shall receive a rating from 0 to 25 based on the combined evaluation of price and cost realism.

D. WEIGHTING OF EVALUATION CRITERIA

Proposals will be evaluated based on responses to the information requested herein. The Utah Transit Authority may interview one or more firms as part of the evaluation process; however, a decision to award a contract may be based solely upon the submitted proposals.

This is a best-value procurement wherein the award will be made to the responsive and responsible respondent whose proposal is determined to be the most advantageous to UTA, with the evaluation taking into consideration both the technical and pricing factors. In the evaluation, the technical and pricing factors shall be weighted as detailed above:

The Price Proposal must be submitted in a separate file from the technical proposal.

The Technical Proposal must not contain any cost information included in the proposal.

UTA may use the following cost formula: Each proposal will be given a score from 0 to 25 based on both price and cost realism. A proposal with a low price and a high degree of cost realism shall receive a score on the upper end of the scale. A proposal with a high price and a low degree of cost realism shall receive fewer points on the lower end of the scale. To arrive at an overall total score, the price proposal rating will be weighted according to the overall evaluation criteria and combined with the technical evaluation scores.

Part 3 – Standard Terms of Solicitation

A. INSTRUCTIONS TO PROPOSERS

1. Submission of Proposals.

Proposals must be uploaded to Bonfire by the “Bid Ends” date and time listed on Bonfire. Proposals uploaded after the deadline will be considered non-responsive. It is the responsibility of the Proposer to ensure that its proposal is properly uploaded by the deadline.

Log on to Bonfire at https://utah.bonfirehub.com/portal/?tab=openOpportunities ; if you have already registered, log in and search by Utah Transit Authority or the RFP number.

If you need to create an account, please select “Create Account,” and then you can search UTA or the RFP number identified on the Cover Page. If you need assistance, please email the Utah Supplier Portal Support at https://vendorsupport.gobonfire.com/hc/en-us. Instructions to proposers are included in the RFP documents.

For ease of review, UTA may also request delivery of hard copies of Proposals (see RFP Cover Sheet).

2. Federal Requirements.

If federal funds are being used to finance this project, the Contractor shall also comply with the additional applicable federal terms and conditions listed in Appendix I and submit all applicable certifications, forms and reports listed in Appendix II.

a. UTA eComply Solutions. In addition, where federal funds are being used, the Bidder/Proposer shall submit required labor and subcontractor information to UTA through following portal: https://uta.ecomply.us. The information provided shall include the following:

• Set up and maintain contractor login for all persons inputting information in the system.

• Description of payments received from UTA and payments made to subcontractors of all tiers, including amounts and confirmation of payment.

• All certified payroll must be input into eComply Solutions which may be accomplished either through direct input or importation from the contractor’s accounting system.

• All subcontract award amounts, dates signed, and change orders.

• Certified payroll information shall be uploaded on a weekly basis; all other information shall be uploaded or input no less than monthly.

• The Contractor shall include this clause in all subcontracts and manage and monitor compliance of all subcontractors within the UTA eComply system.

3. Minimum Standards.

This RFP sets forth the minimum requirements that all Proposals must meet. Failure to submit Proposals in accordance with this RFP may render the Proposal unacceptable or non-responsive. UTA may, in its sole discretion, waive minor irregularities in a Proposal that do not alter the quality or quantity of the information provided.

https://utah.bonfirehub.com/portal/?tab=openOpportunities https://vendorsupport.gobonfire.com/hc/en-us https://uta.ecomply.us/

4. Confidential, Protected, and Public Information

In accordance with Utah Code Section 63G-2-305(6) of the Government Records Access and Management Act (GRAMA) and UTA's Procurement Standard Operating Procedures (SOPs), procurement information related to this procurement will not be made public until after the execution of the Contract with the successful Proposer. Procurement information includes the Proposals submitted by Proposers in response to this RFP, any accompanying documentation, and records maintained by UTA during the procurement process.

UTA will maintain a process to ensure confidentiality for the duration of this procurement. If the Proposer submits information in its Proposal that it believes is "trade secret," the Proposer must follow the procedure set forth in Section 63G-2-309 of GRAMA.

Additionally, for ease of Proposal evaluation, UTA requests that each Proposer also follow the steps identified below:

a) Clearly mark all trade secret information as such in its Proposal at the time the Proposal is submitted and include a cover sheet stating, “DOCUMENT CONTAINS TRADE SECRET INFORMATION,” and identifying each section and page which has been so marked.

b) Include a statement with its Proposal justifying the Proposer’s determination that certain records are trade secret information for each record so defined.

c) In addition to the Proposal uploaded to Bonfire, upload a second copy of the Proposal (as an attachment) that has all the trade secret information deleted, and label this copy of the Proposal “Public Copy.” If a Proposer uploads a Proposal containing no trade secret information, no "Public Copy" needs to be submitted.

However, any Proposer that submits a Proposal containing no trade secret information must so certify in a cover letter to its Proposal; and

d) Defend any action seeking release of the records it believes to be trade secret information and indemnify, defend, and hold harmless UTA and the State of Utah and its agents and employees from any judgments awarded against UTA and its agents and employees in favor of the party requesting the records, including any and all costs connected with that defense. This indemnification survives UTA’s cancellation or termination of this procurement or award and subsequent execution of the Contract. In submitting a Proposal, the Proposer agrees that this indemnification survives as long as the trade secret information is in possession of

UTA.

All records pertaining to this procurement will become public information after the execution of the Contract, unless such records are identified as trade secret information as specified above. No liability will attach to UTA for the errant release of trade secret information by UTA under any circumstances.

5. Submitting Questions to UTA

Questions and Requests for changes to the RFP must be submitted via the Bonfire Q&A page before the end of the Question and Answer period. UTA’s answers to timely questions will be posted on the Bonfire Q&A page. All communications regarding this RFP should be addressed solely to the Contract Administrator whose name and contact information are listed on the Cover Page of the RFP.

6. Requests for Approved Equals or Changes

Whenever a brand, manufacturer, or product name is indicated in this RFP, it is included only for the purpose of establishing identification and a general description of the item. Wherever such names appear, the term "or approved equal" is considered to follow.

Requests for Approved Equals must be submitted via Bonfire Q&A page. UTA retains the discretion to withhold approval for one or more requested equals if the magnitude of requested approvals exceeds UTA’s available resources to allow for adequate evaluation in support of a timely procurement.

Any request for an approved equal must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is equal or better than the RFP requirement.

UTA will only assess requests for approved equals if the price of the substitute product is competitive with the price of the product specified in the RFP, as determined by UTA in its sole discretion.

It should be understood that specifying a brand name, components, and/or equipment in this RFP will not relieve the Proposer from its responsibility to provide the product in accordance with the performance warranty and contractual requirements. The Proposer shall notify UTA of any inappropriate brand name, component, and/or equipment that may be called for in this RFP and shall propose a suitable substitute for consideration.

7. Addenda to the Request for Proposals

UTA reserves the right to make changes to the RFP by issuing a written addendum to the RFP which will be posted to Bonfire.

8. Multiple or Alternative Proposals

The submission of multiple or alternative Proposals, except as specifically called for in the RFP, may render all such Proposals non-responsive and may cause the rejection of some or all of such Proposals.

9. Withdrawal of Proposals

A Proposer may withdraw its Proposal from Bonfire before the Proposal due date without prejudice to itself.

10. Cost of Proposals

UTA is not liable for any costs incurred by Proposers in the preparation, presentation, or negotiation of Proposals submitted in response to this RFP.

11. Examination of Request for Proposals

The submission of a Proposal constitutes an acknowledgment upon which UTA may rely that the Proposer:

(i) has thoroughly examined and is familiar with the RFP, including the contractual terms in Part 4, (ii) is familiar with any work site identified in the RFP, and (iii) has reviewed and inspected all applicable statutes, regulations, ordinances, and resolutions addressing or relating to the goods and services to be provided hereunder. The failure or neglect of a Proposer to receive or examine such documents, work sites, statutes, regulations, ordinances, or resolutions will in no way relieve the Proposer from any obligations with respect to the Proposer’s Proposal or to any contract awarded pursuant to this RFP. No reduction or modification in the Proposer’s obligations will be allowed based upon a lack of knowledge or misunderstanding of this RFP, work sites, statutes, regulations, ordinances, or resolutions.

12. Firm Offer

Unless otherwise stated in this RFP, submission of a Proposal constitutes an offer to provide the goods or services described in the RFP, for the price set forth in the Proposal. Such offer must be good and firm for a period of ninety (90) days after the Deadline to Submit Proposals.

B. SELECTION PROCESS

1. No Public Opening

This is an RFP and, as such, the Proposals submitted in response to this RFP will not be subject to a public opening.

2. UTA’s Procurement Options

Based on submitted information, UTA may do or take any of the following actions, without limitation:

• Select a Proposer based solely on the written proposals, with or without subsequent negotiations.

• Ask for more information or clarifications before making a selection.

• Use presentations, interviews, or problem-solving exercises before making a selection.

• Under specific circumstances described in the Utah Procurement Code, determine a Competitive Range, conduct Discussions, and/or request Best and Final Offers (BAFO) before making a selection if a material error in the RFP is discovered during the evaluation process, UTA may issue an addendum to all Proposers that have submitted Proposals requesting revised Proposals based upon the corrected RFP.

• Decline to accept any Proposal.

• Re-advertise.

• Cancel the procurement or

• Elect to otherwise procure the needed services in accordance with UTA policy and procedures.

UTA reserves the right to negotiate price, scope, schedule, and other contract terms with the preferred Proposer after a selection is made.

3. Responsibility

UTA will not select a Proposer who is deemed by UTA, in its sole discretion, to lack the ability or responsibility to perform successfully under the terms of the contract. Such determination of responsibility may encompass management, technical, legal, financial matters and cyber security preparedness. Proposers deemed to be not responsible to cyber security risk factors will be notified and may be given an opportunity to remediate.

4. Checking References

UTA reserves the right to contact any reference specifically named by the Proposer in its Proposal or any other additional references as deemed appropriate by UTA, including references suggested by the Proposer's named references or references known to UTA through its own knowledge of the transportation industry.

5. Requests for Clarification

The Proposer shall provide accurate and complete information to UTA. If information is incomplete, contains a clerical error, or is otherwise unclear, UTA may either (i) declare the Proposal non-responsive,

(ii) evaluate the Proposal as submitted, or (iii) issue a Request for Clarifications to the Proposer stating the information needed and a date and time by which the information must be provided. If the Proposer does not respond to the Request for Clarifications in a timely manner, or if the Proposer’s response is deemed to be insufficient by UTA, in its sole discretion, then UTA may declare the Proposal non-responsive.

All requests for Clarification will be in writing via Bonfire Q&A page, with responses submitted according to the instructions contained in the request for Clarification. Responses must be limited to answering the specific information requested by UTA.

6. Presentations / Interviews / Problem-Solving Exercises

UTA may utilize presentations, interviews, and/or problem-solving exercises during this procurement if, at the sole discretion of UTA, it is considered to be in UTA's best interest. If UTA determines that presentations and/or interviews and/or problem-solving exercises are in its best interest, UTA will notify all or a short-list of the most highly qualified Proposers of the decision to utilize presentations and/or interviews and/or problem-solving exercises and schedule the presentations and/or interviews and/or problem-solving exercises in such a way as to not unduly delay the procurement process.

UTA reserves the right, in its sole discretion, to conduct multiple rounds of presentations and/or interviews and/or problem-solving exercises, if it deems necessary to do so, with one or more Proposers.

7. Competitive Range

Under specific circumstances described in the Utah Procurement Code, UTA may declare a Competitive Range that includes only those Proposers with a reasonable chance of being selected. UTA will declare a Competitive Range, if it chooses to do so, after a thorough analysis of the Proposals.

8. Discussions

UTA may, at its sole discretion, conduct written and/or verbal discussions with any of the Proposers in the Competitive Range regarding the content of their Proposal. If discussions are held, they will be held with all Proposers in the Competitive Range.

9. Best and Final Offers

UTA may request Best and Final Offers from responsible offerors:

(a) Only with the approval of the Chief Procurement Officer; and

(b) Only if:

(i) No single proposal adequately addresses all the specifications stated in the RFP;

(ii) All proposals are unclear or deficient in one or more respects;

(iii) All cost proposals exceed the identified budget

Although UTA reserves the right to issue a request for Proposal revisions (including Best and Final Offers), UTA is under no obligation to do so. UTA may make its selection and award based on the initial Proposals submitted.

If UTA requests Proposal revisions and/or BAFOs, Proposers in the Competitive Range may be informed of and requested and/or allowed to revise their Proposals, including correction of any weaknesses, minor irregularities, errors, and/or deficiencies identified to the Proposers by UTA following initial evaluation of the Proposals. The request for Proposal revisions and/or BAFOs will allow adequate time for the Proposers to revise their Proposals. Upon receipt of the Proposal revisions and/or BAFOs, the evaluation process will be repeated. The process will consider the revised information and re-evaluate and revise ratings as appropriate. Although this RFP allows for Proposal revisions and/or BAFOs, all efforts will be made to make a selection based on initial Proposals. If Discussions are held, UTA will attempt to limit the selection process to a single BAFO following Discussions. If a Proposal revision and/or BAFO is requested of a Proposer, and that Proposer opts to not submit a Proposal revision and/or BAFO that Proposer's original Proposal or most recent Proposal revision, as appropriate, will be treated as its BAFO.

10. Best Value Determination

This is a Best Value procurement, in which selection of a Proposer is based on a combination of price and qualitative components, as set forth on the RFP Cover Sheet. Accordingly, UTA may not select the Proposal with the lowest price, or the Proposal with the highest qualitative/ technical rating. UTA will select the responsible Proposer whose Proposal is deemed to be the most advantageous to UTA.

11. Negotiations

After selection, but prior to award of the Contract, UTA may, at its sole discretion, either conduct negotiations with the successful Proposer or UTA may choose not to conduct negotiations with the successful Proposer and award the Contract to the successful Proposer based on its written Proposal and any additional information received during Discussions and Proposal revisions and/or BAFOs, if conducted.

If UTA and the selected Proposer are unable to reach an agreement on the scope, contractual terms, and/or price of the Contract, then UTA may, in its sole discretion, negotiate with the next most advantageous Proposer or choose to terminate the procurement in its entirety.

Once negotiations have been terminated with any Proposer, the negotiations may not be reopened with that Proposer under any circumstances.

If UTA receives only one responsive Proposal, UTA reserves the right to negotiate all elements of the Proposal and the Contract with the sole responsive Proposer, including, but not limited to, profit.

12. Notice to Unsuccessful Proposers

Following execution of the Contract between UTA and the successful Proposer, UTA will inform unsuccessful Proposers of the number of Proposals received and the name of the successful Proposer.

UTA will attempt to provide this notice promptly after the Contract is executed. However, UTA’s failure to give this notice will not be deemed to affect the validity of the Contract.

13. Debriefs

Upon request from an unsuccessful Proposer, UTA may, but is not required to, provide debriefing information for the sole purpose of discussing, in a limited manner, the strengths and weaknesses of the unsuccessful Proposal.

14. Protests

Protests are governed by the Utah Procurement Code, Utah Code Ann. § 63G-6a-1601 et seq. To be valid, a protest must be in writing and be filed with UTA within the timeframes set forth in Utah Code Ann. § 63G-6a-1602. A protest will be deemed to be filed pursuant to these procedures when actually received by the designated recipient via email to protests@rideuta.com.

All protests must include:

• The name, address, and email address of the protester;

• The appropriate contact person for the protester, to whom all protest correspondence shall be addressed;

• The solicitation or project number; and

• A detailed statement outlining the nature of the protest including, without limitation: (i) the alleged facts and evidence giving rise to the protestor to claim that it has been aggrieved; (ii) the protestor’s standing to protest; and (iii) the legal grounds upon which the protest is based.

The Procurement Officer shall make a written determination regarding the protest. An unfavorable determination by the UTA Procurement Officer is eligible for administrative reconsideration by a panel determined by the Chair of the UTA Board of Trustees. A notice of appeal must be delivered by the Protestor within five (5) calendar days of the date of the Procurement Officer’s decision. A notice of appeal addressed as follows:

Chair, UTA Board of Trustees c/o Utah Transit Authority 669 West 200 South Salt Lake City, Utah 84101 Attn: Board Coordinator

CONTAINS TIME-SENSITIVE PROTEST MATERIALS

mailto:protests@rideuta.com

Any further appeal may only be made pursuant to Utah Code Ann. § 63G-6a-1801 et seq. A protesting entity must exhaust administrative appeals prior to filing a judicial appeal pursuant to Utah Code Ann. § 63G-6a-1801 et seq.

SAMPLE CONTRACT

Part 4 – UTA CONTRACT NO. ___________

[INSERT DESCRIPTION OF IT SOFTWARE AND ASSOCIATED SERVICES]

THIS IT SOFTWARE AND ASSOCIATED SERVICES SUPPLY AGREEMENT (“Contract”) is entered into and made effective as of the date of last signature below. (“Effective Date”) by and between Utah Transit Authority, a public transit district organized under the laws of the State of Utah (”UTA”), and [INSERT NAME OF CONTRACTOR], a [INSERT DESCRIPTION OF ENTITY TYPE] (the ”Contractor”).

RECITALS

WHEREAS, on [INSERT PROPOSAL DUE DATE], UTA received competitive proposals to provide [INSERT DESCRIPTION OF THE SOFTWARE AND ASSOCIATED SERVICES] and (as applicable) all associated hardware, software, tools, installation services, commissioning and testing services, training and documentation (the “Software and Services”) according to the terms, conditions and specifications prepared by UTA in [INSERT RFP NUMBER] (the “RFP”); and

OR,

WHEREAS, UTA desires to award a contract for (INSERT DESCRIPTION OF THE SOFTWARE AND ASSOCIATED SERVICES] to Contractor based on an approved sole source justification; and

WHEREAS, UTA wishes to procure the Software and Services according to the terms, conditions and specifications listed in the RFP (as subsequently amended through negotiation by the parties); and

WHEREAS, the [INSERT NAME AND DATE OF PROPOSAL TO BE INCORPORATED INTO CONTRACT] proposal submitted by the Contractor in response to the RFP (“Contractor’s Proposal) was deemed to be the most advantageous to UTA; and

WHEREAS, Contractor is willing to furnish the Software and Services according to the terms, conditions and specifications of the Contract.

AGREEMENT

NOW, THEREFORE, in accordance with the foregoing Recitals, which are incorporated herein by reference, and for and in consideration of the mutual covenants and agreements hereafter set forth, the mutual benefits to the parties to be derived here from, and for other valuable consideration, the receipt and sufficiency of which the parties acknowledge, it is hereby agreed as follows:

1. SOFTWARE AND ASSOCIATED SERVICES TO BE PROVIDED BY CONTRACTOR

Contractor hereby agrees to furnish and deliver the Software and Associated Services in accordance with the Contract as described in Exhibit A (Product Description and Statement of Associated Services) (including performing any installation, testing commissioning and other Services described in the Contract).

2. TERM [SELECT ONE OF THE FOLLOWING]

[OPTION 1 FOR “ONE-OFF” ORDER SCOPE]

This Contract shall commence as of the Effective Date. The Contract shall remain in full force and effect until all Software have been delivered and all Services have been performed in accordance with the Contract (as reasonably determined by UTA). Contractor shall deliver all Software and perform all Services no later than [INSERT REQUIRED COMPLETION DATE]. This guaranteed completion date may be extended if Contractor and UTA mutually agree to an extension evidenced by a written Change Order. The rights and obligations of UTA and Contractor under the Contract shall at all times be subject to and conditioned upon the provisions of the Contract.

[OPTION 2 FOR “DEFINITE PERIOD” CONTRACT]

This Contract shall commence as of the Effective Date. The Contract shall remain in full force and effect for purchases of Software and Services (made via purchase order or other agreed order method) during a [INSERT INITIAL TERM LENGTH] - year period expiring [INSERT INITIAL TERM EXPIRATION DATE].

UTA may, at its sole election and in its sole discretion, extend the initial term for up to [INSERT NUMBER OF OPTION YEARS] additional one-year option periods, for a total Contract period not to exceed FIVE (5) years.

Extension options may be exercised by UTA upon providing Contractor with notice of such election at least thirty (30) days prior to the expiration of the initial term or then-expiring option period (as applicable). The Contract may be further extended if the Contractor and UTA mutually agree to an extension evidenced in writing. The rights and obligations of UTA and Contractor under the Contract shall at all times be subject to and conditioned upon the provisions of the Contract.

3. COMPENSATION AND FEES

UTA shall pay Contractor in accordance with the payment milestones or other terms described in Exhibit B. If Exhibit B does not specify any milestones or other payment provisions, then payment shall be invoiced after the Software have been delivered and the Services have been performed. In no event shall advance payments be made.

4. INCORPORATED DOCUMENTS

a. The following documents hereinafter listed in chronological order, with most recent document taking precedence over any conflicting provisions contained in prior documents (where applicable), are hereby incorporated into the Contract by reference and made a part hereof:

1. The terms and conditions of this Software and Associated Services Supply Agreement (including any exhibits and attachments hereto).

2. UTA's RFP including, without limitation, all attached or incorporated terms, conditions, federal clauses (as applicable), drawings, plans, specifications and standards and other descriptions of the Software and Services;

3. Contractor's Proposal including, without limitation, all federal certifications (as applicable);

b. The above-referenced documents are made as fully a part of the Contract as if hereto attached or herein repeated. The Contract (including the documents listed above) constitute the complete contract between the parties.

c. If this procurement is funded by federal dollars, the mandatory FTA terms and conditions contained at Exhibit C will also apply.

5. ORDER OF PRECEDENCE

The Order of Precedence for this contract is as follows:

- UTA Contract including all attachments and terms and conditions

- UTA Solicitation Terms

- Contractor’s Bid or Proposal including proposed terms or conditions

Any contractor proposed term or condition which is in conflict with a UTA contract or solicitation term or condition will be deemed null and void.

6. LAWS AND REGULATIONS

Contractor and any and all Software and/or Services furnished under the Contract will comply fully with all applicable Federal and State laws and regulations, including those related to safety and environmental protection. Contractor shall also comply with all applicable licensure and certification requirements.

7. INVOICING PROCEDURES

a. Contractor shall submit invoices to UTA’s Project Manager for processing and payment in accordance with Exhibit B. If Exhibit B does not specify invoice instructions, then Contractor shall invoice UTA after delivery of all Software and satisfactory performance of all Services.

Invoices shall be provided in the form specified by UTA. Reasonable supporting documentation including cost and pricing data demonstrating Contractor’s entitlement to the requested payment must be submitted with each invoice.

b. Contractor shall invoice UTA after delivery of all Goods and satisfactory performance of all Services. Contractor shall submit invoices to ap@rideuta.com for processing and payment. In order to timely process invoices, Contractor shall include the following information on each invoice:

i. Contractor Name

ii. Unique Invoice Number

iii. PO Number

iv. Invoice Date

v. Detailed Description of Charges

c. Total Dollar Amount Due UTA shall have the right to disapprove (and withhold from payment) specific line items of each invoice to address non-conforming Goods or Services. Approval by UTA shall not be unreasonably withheld. UTA shall also have the right to offset (against mailto:ap@rideuta.com payments) amounts reasonably reflecting the value of any claim which UTA has against Contractor under the Contract. Payment for all invoice amounts not specifically disapproved or offset by UTA shall be provided to Contractor within thirty (30) calendar days of invoice submittal.

d. UTA shall have the right to disapprove (and withhold from payment) specific line items of each invoice to address non-conforming Software or Services. Approval by UTA shall not be unreasonably withheld. UTA shall also have the right to offset (against payments) amounts reasonably reflecting the value of any claim which UTA has against Contractor under the Contract.

Payment for all invoice amounts not specifically disapproved or offset by UTA shall be provided to Contractor within thirty (30) calendar days of…