2-SLCSD - Solicitation General Provisions.pdf

GENERAL PROVISIONS

1. GOVERNING LAWS: All purchases made under this solicitation are subject to the Utah Procurement Code (UCA §63G-6a) and the applicable State of Utah Administrative Code. These are available at www.purchasing.utah.gov. By submitting a proposal, the Vendor warrants that it and the procurement item(s) purchased under this solicitation comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements.

2. SUBMITTING A RESPONSE: By submitting a response to this solicitation, the Vendor acknowledges that the minimum requirements, technical specifications, scope of work, and the evaluation process outlined in this solicitation are fair, equitable, not unduly restrictive, and understood. Any exceptions to the content of this solicitation, including the specifications and minimum requirements, must be addressed during the Question and Answer period or protested in writing to the SLCSD Purchasing Department before the closing date and time. Exceptions to the Terms and Conditions (Attachment A) are to be submitted as directed within the solicitation.

3. EVALUATION: The evaluation of the Vendor’s response shall be conducted in accordance with the Utah Procurement Code. The

SLCSD may ask questions of Vendors to clarify responses provided the questions are submitted and answered in writing. The record of questions and answers shall be maintained in the file.

4. BEST AND FINAL OFFERS: This provision applies only to Requests for Proposals. At any time during the evaluation process, the evaluation committee, with the approval of the director or head of the issuing procurement unit, may request best and final offers from responsible and responsive Vendors in accordance with Party 7 of the Utah Procurement Code and applicable administrative rules; and evaluate those offers. If a Vendor chooses not to participate in discussion or does not make a timely best and final offer, the offer submitted by the Vendor before the conduct of discussions shall be treated as the Vendor’s best and final offer.

5. BRAND NAME OR EQUAL SPECIFICATION: Wherever in this solicitation an item is defined by using a trade name, brand name, or a manufacturer and/or model number, it is intended that the words, “or equivalent” apply; and invites the submission of equivalent products by the vendor.

6. SAMPLES: Samples of item(s) specified in this offer, brochures, etc., when required by this solicitation, must be furnished free of expense to SLCSD. Any item not destroyed by tests may, upon request made at the time the sample is furnished, be returned at the Vendor's expense.

7. DEBRIEFING OF UNSUCCESSFUL VENDORS: The SLCSD Purchasing Department does not conduct debriefings nor collect detailed explanations of evaluator’s scores.

8. DEBARMENT: By submitting a response, the Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the Vendor cannot certify this statement, attach a written explanation for review by

SLCSD.

9. ENERGY CONSERVATION AND RECYCLED PRODUCTS: The Vendor is encouraged to offer Energy Star certified products or products that meet FEMP (Federal Energy Management Program) standards for energy consumption. SLCSD also encourages contractors to offer products that are produced with recycled materials, where appropriate, unless otherwise requested in this solicitation.

10. SALES TAX ID NUMBER: Utah Code Annotated (UCA) 59-12-106 requires anyone filing a proposal with SLCSD for the sale of tangible personal property or any other taxable transaction under UCA 59-12-103(1) to include their Utah sales tax license number with their proposals. For information regarding a Utah sales tax license see the Utah State Tax Commission’s website at www.tax.utah.gov/sales. The Tax Commission is located at 210 North 1950 West, Salt Lake City, UT 84134, and can be reached by phone at (801) 297-2200.

11. PROTESTS: Pursuant to Utah Code 63G-6a-1602, a Vendor may: (1) protest the rejection of their proposal; (2) protest an alleged grievance in connection with the procurement process; or (3) protest an alleged grievance in connection with the award of a contract. Protests must be made to SLCSD Purchasing Director. Your notice of protest must be submitted either: (1) before the closing of date of the proposals, as provided on Periscope; or (2) if the person filing the protest did not know and should not have known of the facts giving rise to the protest before the closing date for proposals, within seven days after the day on which the person knows or should have known of the facts giving rise to the protest. All protest must be submitted in accordance with Part 16 of Utah Procurement Code and applicable administrative rules.

In accordance with the requirements set forth in Utah Procurement Code 63G-6a-1602, a person filing a protest must include a concise statement of the grounds upon which the protest is made. A concise statement of the grounds for a protest should include the relevant facts leading a protestor to contend that a grievance has occurred, including but not limited to specifically referencing:

(i) an alleged violation of Utah Procurement Code 63G-6a;

(ii) an alleged violation of Administrative Rule R33 or other applicable rule;

(iii) a provision of the request for proposals, invitation for bids, or other solicitation allegedly not being followed;

(iv)a provision of the solicitation alleged to be: ambiguous, confusing, contradictory, unduly restrictive, erroneous, anticompetitive, or unlawful;

(v) an alleged error made by the evaluation committee or conducting procurement unity;

http://www.tax.utah.gov/sales

(vi) an allegation of bias by the committee or an individual committee member; or

(vii) a scoring criteria allegedly not being correctly applied or calculated.

None of the following qualify as a concise statement of the grounds for a protest:

(i) claims made after the opening of bids or closing date of proposals that the specifications, terms and conditions, or other elements of a solicitation are ambiguous, confusing, contradictory, unduly restrictive, erroneous, or anticompetitive;

(ii) vague or unsubstantiated allegations that do not reference relevant or specific facts including, but not limited to, vague or unsubstantiated allegations by a bidder, offeror, or prospective contractor that: (A) a bidder, offeror, or prospective contractor should have received a higher score or that another bidder, offeror, or prospective contractor should have received a lower score, (B) a service or product provided by a bidder, offeror, or prospective contractor is better than another bidder’s, offeror’s, or prospective contractor’s service or product, (C) another bidder, offeror, or prospective contractor cannot provide the procurement item for the price bid or perform the services described in the solicitation, or (D) any item listed in Section (2)(b) of this Rule has occurred that is not relevant or specific; or

(iii) filing a protest requesting: (A) a detailed explanation of the thinking and scoring of evaluation committee members, beyond the official justification statement described in Utah Procurement Code 63G-6a-708, (B) protected information beyond what is provided under the disclosure provisions of the Utah Procurement Code; or (C) other information, documents, or explanations reasonably deemed to be not in compliance with the Utah Code or this Rule by the protest officer.

In accordance with Utah Procurement Code 63G-6a-1603(3)(a), a protest officer may dismiss a protest if the concise statement of the grounds for filing a protest.

12. AUDIT: Pursuant to Administrative Rule R33-12-605, SLCSD may, at reasonable times and places, audit or cause to be audited by an independent third party firm, by another procurement unit, or by an agent of the procurement unit, the book, records, and performance of the Vendor, if awarded a contract under this solicitation.

13. INSPECTIONS: Pursuant to Utah Administrative Rule R33-12-701, R33-12-702, R33-12-703, and R33-12-704, SLCSD may, at its discretion, perform an inspection of the Vendor’s manufacturing/production facility or place of business, or any location where the work is performed.

14. MODIFICATION OR WITHDRAWAL OF PROPOSAL: A proposal may be modified or withdrawn prior to the established closing date and time.

15. REJECTING A RESPONSE: At any time during this solicitation, SLCSD may reject a response if SLCSD determines that: (a) the person submitting the response is not responsible; or (b) the response is not responsive or does not meet the mandatory minimum requirements stated in this solicitation.

16. TECHNOLOGY MODIFICATIONS: The awarded contract(s) may be modified as a result from technological upgrades for the procurement item(s). Any modification for upgraded technology must be substantially within the scope of the original procurement or contract, and if both parties agree to the modification, then the contract may be modified, but not extended beyond the term of the original awarded contract except as provided in the Utah Procurement Code. The awarded contract(s) may be modified for new technology related to the procurement item(s). Any modification for new technology shall not be exercised without: (1) the approval required under Utah Code 63F-1-205, (2) the new technology modification has been subject to the review as described in Administrative Rule R33-6-114, and (3) the contracting parties agree to the modification.

17. PUBLICIZING AWARDS: The following shall be disclosed after receipt of a proper GRAMA request: (a) the contract(s) entered into as a result of the selection and the successful proposal(s), except for those portions that are to be non-disclosed under Rule R33-7-105; (b) the unsuccessful proposals, except for those portions that are Protected and the Vendor has submitted a proper Business Confidentiality Claim; (c) the rankings of the proposals; (d) the names of the members of any selection committee (reviewing authority); (e) the final scores used by the selection committee to make the selection, except that the names of the individual scorers shall not be associated with their individual scores or rankings; and (f) the written justification statement supporting the selection, except for those portions that are to be non-disclosed under Rule R33-7-105.

After due consideration and public input, the following has been determined by the Procurement Policy Board to impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, and will not be disclosed by the governmental entity at any time to the public including under any GRAMA request: (a) the names of individual scorers/evaluators in relation to their individual scores or rankings; (b) any individual scorer's/evaluator's notes, drafts, and working documents; (c) non-public financial statements; and (d) past performance and reference information, which is not provided by the Vendor and which is obtained as a result of the efforts of the governmental entity. To the extent such past performance or reference information is included in the written justification statement; it is subject to public disclosure.

18. PERFORMANCE AND COST ANALYSIS: SLCSD reserves the right to review the awarded contract(s) on a regular basis regarding performance and cost analysis and may negotiate price and service elements during the term of the contract.

19. AWARDED CONTRACT(S): Contract(s) awarded from this solicitation, will include the following documents: the scope of work, the appropriate SLCSD Standard Terms and Conditions, and any other documents listed in this solicitation.

20. QUANTITY ESTIMATES: SLCSD does not guarantee to purchase any amount under an awarded contract. Estimated quantities are for solicitation purposes only and are not to be construed as a guarantee of purchase.

21. SOLICITATION AMENDMENTS: All changes to this solicitation will be made through electronically generated addendum only.

Answers to questions submitted through Periscope shall be considered addenda to the solicitation documents. Vendors are cautioned not to consider verbal modifications.

22. SLCSD APPROVAL: Purchase orders placed, or contracts written, with the SLCSD, as a result of this solicitation, will not be legally binding without the written approval of the Purchasing Director of SLCSD.

23. NON-COLLUSION: A submission in response to this solicitation certifies that vendor has made submission independently and without collusion or other agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the solicitation and designed to limit vendor independence.

24. NON-COMPETE CLAUSE: Vendor represents its officers and employees are free to contract with SLCSD and are not subject to restrictions by the terms of their present or past employment, including, but not limited to an agreement not to compete for a period of time unless disclosure has been made. Vendor must disclose to the SLCSD any possible conflicts in writing, before the contract is signed, and the SLCSD will evaluate whether to continue with contract execution. SLCSD may elect to terminate a contract immediately with a Contractor who is subsequently determined to be subject to such restrictions without liability to the SLCSD. If the SLCSD elects to terminate a contract for this reason, the SLCSD will supersede the “Termination” clause in Attachment A – Standard Terms and Conditions and will not provide prior notice to the Contractor.

25. COMPANY CONTACT INFORMATION: The SLCSD Purchasing Department must be notified immediately if there are any changes to the primary contact person. Contact information includes valid e-mail address, mailing address, phone and fax number.