2-GeoPrevent Radar Purchase Sole Source.docx

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UDOT Notice of Sole Source-
Solicitation number
UDOT 260 CN
Issued by
Utah

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This is a Notice of Intent to Award a Contract Without Engaging in a Standard Procurement Process submitted by the Utah Department of Transportation (UDOT) to UDOT Procurement for the purchase of avalanche and people detection radar equipment from GeoPrevent AG. The procurement involves the purchase of an integrated avalanche and people detection radar system with camera and associated hardware for the Mount Superior area of Little Cottonwood Canyon, Utah. UDOT has been leasing and testing this radar unit since January 2024 and now seeks to purchase the existing installed equipment as a sole source procurement. The procurement will result in a purchase order rather than an agency contract, with no specific response deadline or award date identified in the documentation. The purchase order will not be finalized until after the solicitation process is completed, the purchase order is signed by UDOT Procurement, and delivery occurs to both the agency and vendor.

The estimated value of the purchase order is $40,320 with no separate freight costs listed as freight is prepaid and delivered to destination. UDOT justifies this sole source procurement under the basis that there is only one source for the procurement item, as the radar system provides continuous monitoring and real-time alerting capabilities for both avalanche detection and people presence verification that no other vendor provides. UDOT conducted market research as an active member of the Transportation Avalanche Research Pool (TARP) and confirmed that no other system offers comparable people and avalanche detection in near real-time. The vendor is GeoPrevent AG, located in Zurich, Switzerland, with contact person Theo St. Pierre Ostrander. This procurement is subject to public notice and comment procedures, and UDOT Procurement retains authority to reject the sole source determination if other qualified vendors submit valid challenges during the publication period.

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AWARD OF CONTRACT WITHOUT ENGAGING IN A STANDARD PROCUREMENT PROCESS REQUEST FORM ALL REQUESTS OVER $1,000 MUST BE PRE-APPROVED BY UDOT Procurement, UNLESS R33-5-104 OF THE ADMINISTRATIVE RULES APPLIES TO THE PROCUREMENT.

· Submit this completed form along with a copy of the quote from the vendor to PSO.

· Award of contract without engaging in a standard procurement process is appropriate if UDOT Procurement determines 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.

· An urgent or unexpected circumstance or requirement for a procurement item does not justify the award of contract without engaging in a standard procurement process.

· Complete each section and provide as much information as needed to fully respond. Please click on the grey fields to insert your information. Use your tab key to advance to the next field. Please complete all fields below.

· Attach the proposed Scope of Work that your department/division has developed as part of this Notice of Intent to Award of Contract without Engaging in a Standard Procurement Process Request Form.

· Attach the quote received from the vendor, so that Procurement can confirm the quote. Quotes cannot be marked as confidential, as they may be published.

· Requests missing information will be rejected and returned to the contact person for completion. UDOT Procurement may seek additional information from the contact person.

The first two pages will not be posted; however, all of the subsequently numbered pages may be posted, as is, for public notice and comment. Please be complete in your answers.

For Technology Contracts or Purchase Orders Only:

Information Technology (IT) award of contract without engaging in a standard procurement process procurements must be submitted to the Department of Technology Services for initial review. DTS will send the request to UDOT Procurement. “Information Technology” is defined in Utah Code 63F-1-102.

· IT requests resulting in a contract must be sent to rzamora@utah.gov Complete the following vendor information:

Vendor Name:
Geoprevent AG
Vendor Contact Person:
Theo St. Pierre Ostrander
Vendor E-mail Address:
theo.st.pierre@geoprevent.com
Vendor Telephone Number:
+41 44 419 91 10
Vendor Ordering Address:
Raeffelstrasse 28, CH-8045 Zurich
Vendor Remittance Address:
Raeffelstrasse 28, CH-8045 Zurich

FINET Vendor Number (if available):

All items in the above section are required.

Complete the following if no FINET number exists:

Vendor Federal Tax ID# (TIN): (9 Digits):
Type of Vendor:
Click to use the drop-down menu to select the type of vendor.

Conducting Procurement Unit Contact Information:

Department/Division Name:
Utah Department of Transportation
Contact Person and Title:
Steven Clark, Avalanche Program Manager
E-mail Address:
stevenclark@utah.gov
Telephone Number:
801-598-7724
DTS Contact (Required for IT related SS):
DTS Business Case Title:
DTS Business Case Number:
ELCID Number:

Agency Contract

1. Insert requested term of contract: and renewal options: (The standard contract term for executive branch procurement units is five years. See Utah Administrative Code R33-12-404. If renewals are requested, written justification is required.)

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 UDOT Procurement.

|X|

Purchase Order
1. The Conducting Procurement Unit may not make the procurement until after the solicitation process is completed, the PO is signed by UDOT Procurement, and the PO is delivered to both the agency and the vendor.
Agency Documents:
|_| Other, please provide a copy to UDOT Procurement |_| Business Associate Agreement
Scope of Work:
Has the proposed Scope of Work been attached to this Request Form? |X| Yes |_| No (If not, UDOT Procurement will not process this Request Form until it has received the proposed Scope of Work.)

THIS SECTION TO BE FILLED OUT BY UDOT PROCUREMENT

The public notice period shall be (Check the box that applies):

a.
If the cost of the procurement exceeds $50,000 then the publication of the notice must be made in accordance with Section 63G-6a-112. |_|
b.
Procurements under $50,000.00 are not required to be published, but may be published at the discretion of the chief procurement officer or head of a procurement unit with independent procurement authority.

Published: |_| Not Published: |_|

c.
Publication is not required for a procurement pursuant to a trial use contract. |_|
d.
Publication is waived for an award of contract without engaging in a standard procurement process procurement:

|_| For any procurement item identified in R33-8-101e.(2a)(i-xii);

|_| For award to a specific supplier, service provider, or contractor is a condition of a donation that will fund the full cost of the supply, service, or construction item;

|_| For other circumstances as determined in writing by the chief procurement officer or head of a procurement unity with independent procurement authority.

The Terms and Conditions that will be attached to the awarded agency contract/purchase order:

Agency Contract:
|_| Goods |_| Services |_| IT for DTS only |_| Att. B IT Non-DTS (include DTS Exception Form, if applicable)
Purchase Order:
|_| Goods |_| Services |_| IT for DTS only |_| Att. B IT Non-DTS (include DTS Exception Form, if applicable)
For UDOT Procurement Use After the Public Posting Period:
Agent:

Notice#:

Commodity Code(s):

# of Vendors Sent To:

Additional Research & Comments:

Summary of Contest(s) Received & Determination:

iNot for Public Posting
Recommend Award:
Approved by Management for Award:

Cody Nelson

UDOT Procurement Agent
Date
UDOT Procurement Management
Date

Issuing Procurement Unit: UDOT Procurement

Conducting Procurement Unit:

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

UDOT Procurement is publishing this notice pursuant to the Utah Procurement Code. The Conducting Procurement Unit submitted this form to UDOT Procurement claiming that it intends to award a contract without competition if it is determined by UDOT Procurement, 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 UDOT Procurement or the State, 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 UDOT Procurement during the publication period. No action is required if you agree with this Notice.

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

If, after the public notice period has passed, no valid challenges have been received, then UDOT Procurement 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 and renewal options: 2.

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 UDOT Procurement.

|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 UDOT Procurement, and the purchase order is delivered to both the agency and the vendor.

Description of procurement item to be purchased:

Purchase of GeoPrevent avalanche and people detection radar for the Mount Superior area of Little Cottonwood Canyon, UT.

Estimated value of the contract/purchase order:
$40,320
Freight Cost (F.O.B. Destination, Freight Prepaid):
N/A
Vendor Name:
GeoPrevent

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

-UDOT has been testing and leasing an avalanche detection radar used to monitor conditions on Mount Superior in Little Cottonwood Canyon since January, 2024. UDOT would now like to purchase the existing radar unit. This sole source is for the purchase of an integrated avalanche and people detection radar, camera, and associated hardware.

CHECK THE BOX THAT IDENTIFIES WHY A CONTRACT SHOULD BE AWARDED WITHOUT ENGAGING IN A STANDARD PROCUREMENT PROCESS:

|X|
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 avalanche and people detection radar provides continuous monitoring and alerting of avalanches. People detection is also provided by this radar and is used to ensure avalanche areas are free of people before avalanche mitigation occurs in the Mount Superior area. This avalanche detection system is already installed in LCC from the previous winter season.

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

No

3.
Explain the market research performed.

UDOT is a leader in avalanche detection instrumentation testing and implementation. Significant testing and location specific adjustments have been made to this radar system to eliminate false positive error sources and provide trustworthy avalanche alerts.

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

UDOT is an active member of the transportation avalanche research pool (TARP). No other system can provide by people and avalanche detection in near real time. No other UDOT vendors provide this service.

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,

This item is Sole Source.

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.
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

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 9 State 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 May 19, 2016

File details come from the government source that posted it. Updated .