2-Part 8 Notice.pdf.pdf

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

PROCUREMENT PROCESS

The Division of Purchasing is publishing this notice pursuant to the Utah Procurement Code. The Conducting Procurement Unit submitted this form to the Division of Purchasing claiming that it intends to award a contract without competition if it is determined by the Division 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 Files section 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

If the procurement item identified in this notice is to be awarded as a sole source (only one source for the procurement item), then this notice will help 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 Division of Purchasing 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 the Division of Purchasing during the publication period. No action is required if you agree with this notice.

If, the purpose of this notice is an intent to award a sole source, after the public notice period has passed, and the Division of Purchasing determines that there are other interested and qualified vendors that meet the specifications of this notice, then the Division of Purchasing will not award a contract pursuant to this notice. An award without competition may still be made even if there are other interested vendors when the basis of the award is due to transitional costs or impracticability as stated above.

If, after the public notice period has passed, no valid challenges have been received, then the Division of Purchasing may award a contract to the identified vendor without competition.

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

Legislative Appropriations

Additional funding may be added to the awarded contract(s) if additional funding is provided to the procurement unit for the purpose identified in the scope of work by the legislature.

By submitting a challenge vendor agrees with the following Anti-Boycott Actions: In accordance with Utah Code 63G-27 et seq., vendors contracting with the State to provide any good or service, including supplies, information technology, or construction services, must certify that they are not currently engaged in an “economic boycott” nor a “boycott of the State of Israel” as those terms are defined in 63G-27-102. Vendors must also agree not to engage in either boycott for the duration of this Contract. For example, a vendor may not, without an ordinary business purpose, boycott the State of Israel or boycott companies that (1) engage in activities related to traditional energy, mining, agriculture; (2) engage in the manufacture, distribution, sale, or use of firearms; (3) do not meet environmental standards beyond applicable state and federal laws; or (4) do not facilitate access to abortion or sex characteristic surgeries.

Accordingly, Contractor will be expected to certify in the contract that it is not currently engaged in either an economic boycott or a boycott of the State of Israel, or both. Contractor will also have to certify in the contract that it will not engage in such boycotts during the term of this Contract, and that if Contractor does engage in either such boycott, or both, it will promptly notify the State in writing. Contractor is advised to read and understand the provisions of 63G-27 et. seq.