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

The Provo City School District (“PCSD”) 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 PCSD 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 PCSD 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:

|X|

Agency Contract

1. The term of this contract will be: 5 years with another 5-year renewal option.

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.

Explain in detail the service or product to be procured: Depository 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 requester 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:

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

SECTION A: ONLY ONE SOURCE

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 depositories.

(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.

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

Searched the internet for other depositories in the State of Utah, spoke with other school districts, and the Department of Education.

Reviewed State Contracts and District contracts

SECTION B: TRANSITIONAL COSTS

SECTION C: STANDARD PROCUREMENT PROCESS IMPRACTICABLE

Revised September 29, 2019