3-01. IFB General Bid Information.doc

UTAH DEPARTMENT OF TRANSPORTATION

Division of Procurement 4501 South 2700 West

PO Box 148260 Salt Lake City, UT 84114

I. General Overview and Instructions This solicitation is issued and conducted in accordance with the Utah Procurement Code 63G-6A and applicable rules of the Utah Administrative Code R33. If any provision of this solicitation conflicts with the UCA or UAC, the UCA or UAC will take precedence.

The documents included within this solicitation are designed to provide interested bidders with sufficient information to enable the bidder to determine if they can provide as per the outlined requirements.

Bidders must provide sufficient documentation/information to demonstrate compliance with the stated specifications/requirements.

NOTICE: In this solicitation, if an item is defined through use of 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 Bidders.

CANCELLATION OF PROCUREMENT

The Utah Department of Transportation (the State) reserves the right to cancel this solicitation at any time and not award a contract if such action is determined in writing to be in the best interest of the State (UCA §63G-6a-709).

FUTURE PROCUREMENTS

UDOT reserves the right to reopen this solicitation or create a new solicitation if it determines there may be more need for the procurement item than when the original solicitation was issued.

QUANTITY ESTIMATES

Historical usage may not be representative of forthcoming need, and as such, UDOT does not guarantee to purchase any amount under this contract.

QUESTIONS AND ANSWERS

All questions must be submitted through the online bidding system during the Question-and-Answer period. Questions submitted through any other channel will not be answered.

Questions may include notifying the State of any ambiguity, inconsistency, scope exception, excessively restrictive requirement, or other errors in this solicitation. Questions are encouraged.

Answers will be posted in the online bidding system. Answers disseminated through the online bidding system may modify the specification or requirements of this solicitation and will constitute an addendum to this solicitation.

Bidders should periodically check the bidding system for answered questions and addenda before the closing date. It is the responsibility of the bidders to submit their bids as required by this solicitation, including any requirements contained in any answered question and/or addenda.

NOTE: Exceptions taken to the scope/content of the Solicitation that have not been previously addressed during the Q&A period of the solicitation may result in the bidder being disqualified.tc \l 1 "SUBMITTING YOUR PROPOSAL"

ADDENDA

Any modification to this procurement will be made by addendum issued by the State. Addenda to this solicitation may be made for the purpose of making changes to the scope of work, the schedule, the qualification requirements, the criteria, the weighting, or other requirements of this solicitation.

Authorized and properly issued addenda shall constitute the official and binding position of the State. Any response to this solicitation which has as its basis any communications or information received from sources other than this solicitation, or related addenda, may be considered non-responsive and be rejected at the sole discretion of the State.

The State accepts no responsibility for a prospective Bidder not receiving solicitation documents and/or revisions to the solicitation. It is the responsibility of the prospective Bidder to monitor the bidding system to obtain addenda or other information relating to the solicitation.

RESTRICTIONS ON COMMUNICATIONS

From the issue date of this solicitation until an award is published, Bidders are prohibited from communications regarding this solicitation with staff, evaluation committee members, or other associated individuals EXCEPT the UDOT Procurement Officer overseeing this solicitation. Failure to comply with this requirement may result in disqualification.

BID SUBMISSION

Notice: By submitting a bid in response to this solicitation, the Bidder is indicating agreement to perform all tasks as required in the outlined in the solicitation. Furthermore, the Bidder acknowledges and agrees that the specifications/requirements, scope of work, and the evaluation process outlined in this solicitation are understood, fair, equitable, and are not unduly restrictive.

All materials submitted become the property of the State. Materials may be evaluated by anyone designated by the state as part of the submission evaluation committee. Materials submitted may be returned only at the State's option.

Bids must be received by the date and time specified in the system (the “closing date”). Bids received after the closing date will be late and ineligible for consideration.

Electronic submission instructions: When submitting a bid electronically through the online bidding system, please allow sufficient time to complete the online forms and upload documents. This solicitation will close at the posted closing time. If you are in the middle of uploading your bid at closing time, the system will stop the upload process, and your bid will not be received by the bidding system and your bid will not be reviewed by the State.

Electronic bids may require uploading of electronic attachments. The bidding system will accept a wide variety of document types as attachments. Documents containing embedded encryptions cannot be processed by the bidding system.

Sample submission instructions: Bidders may be required to submit product samples to demonstrate whether a procurement item meets the specifications and other requirements set forth in the solicitation.

· Samples must be received prior to the solicitation due date and time.

· Samples must be furnished free of charge unless otherwise stated in the solicitation.

· Samples, if not destroyed by testing, will upon written request within any deadline stated in the solicitation, be returned at the vendor's expense.

· Samples must be labeled or otherwise identified as specified in the solicitation.

All costs incurred in the preparation and submission of bids and any related activities are the sole responsibility of the bidder and will not be reimbursed. The State of Utah assumes no liability for any costs incurred by bidders throughout the selection process.

PROTECTED INFORMATION

Portions of a bid may be protected by submitting a Claim of Business Confidentiality Form. However, an entire bid cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY”, and if so identified, shall be considered non-responsive unless the Bidder removes the designation.

Pricing may not be classified as confidential or protected and will be considered public information.

Process for Requesting Non-Disclosure: Any Bidder requesting that a record be protected MUST provide with their bid the following information:

1. Must provide a completed Claim of Business Confidentiality at the time the information (bid) is provided to the state, and

2. Must include a concise statement of reasons supporting the claim of business confidentiality (UCA § 63G-2-309(1)).

3. Must submit an electronic “redacted” (excluding protected information) copy of the bid. Copy must clearly be marked “Redacted Version.”

Redacted Copy: If an Bidder submits a bid that contains information claimed to be business confidential or protected information, the Bidder MUST submit two separate bids: one redacted version for public release, with all protected business confidential information either blacked-out or removed, clearly marked as "Redacted Version"; and one non-redacted version for evaluation purposes, clearly marked as "Protected Business Confidential."

Bidder acknowledges that its bid or redacted copy will be made public upon the State’s receipt of a GRAMA request. The Bidder will not be notified of any GRAMA request made to the State for bidder’s bid. If the bidder submits a redacted copy, then the State will respond to a GRAMA request for bidder’s bid with bidder’s redacted copy. However, if the bidder fails to submit a redacted copy, then the State will respond to a GRAMA request with bidder’s bid, which will result in bidder’s protected/proprietary information, if any, being made public. Bidder acknowledges that notations in the header, footer or watermark of the bid will not be considered sufficient to constitute a request for non-disclosure of protected/proprietary information.

Failure to comply with the requirements regarding Protected Information releases the State from any obligation or liability arising from the inadvertent release of Bidder information.

CORRECTION OR WITHDRAWAL OF BID

Bids may be modified or withdrawn by written or electronic notice received by the procurement officer prior to the established due date.

A decision to permit the correction or withdrawal of a bid or the cancellation of an award or a contract shall be supported in a written document, signed by the chief procurement officer or head of a procurement unit with independent procurement authority.

The State reserves the right to waive minor informalities as well as minor deviations. The State also reserves the right to seek clarification on any bid.

DISCUSSIONS OR CLARIFICATIONS

The State reserves the right to conduct discussions with a Bidder to obtain a more complete understanding of whether the Bidder is responsible, or whether the Bidder’s submitted bid is responsive. Following discussions, a bid may be rejected if it is determined that the Bidder is not responsible, or the bid is not responsive.

INTERVIEWS AND PRESENTATIONS

Interviews and presentations may be held at the option of the State. The State shall establish a date and time for the interviews or presentations and shall notify eligible Bidders of the procedures. Interviews or presentations shall be limited to those Bidders meeting the minimum requirements specified in the solicitation. Interviews and presentations will be at the Bidder’s expense.

Representations made by a Bidder during interviews or presentations shall become an addendum to the Bidder’s bid and shall be documented. Representations must be consistent with the Bidder's original bid and may only be used for purposes of clarifying or filling in gaps in the Bidder's bid.

BID EVALUATION AND AWARD

Bids received in response to this solicitation shall be evaluated pursuant to the requirements and process as outlined within the Utah Procurement Code. Any bid that does not comply with the requirements and instructions contained in the solicitation documents will be deemed non-responsive and disqualified from further evaluation.

Multiple or alternate bids will not be accepted, unless otherwise specifically required or allowed in the solicitation. If a bidder submits multiple or alternate bids that are not requested, the Department will only accept the bidder's primary bid and will not accept any other bids constituting multiple or alternate bids.

Each bid received shall initially be evaluated for responsiveness in the following manner:

Any bid that does not pass these administrative criteria and the mandatory minimum requirements will be deemed non-responsive and will be rejected from this solicitation.

Bids that pass the administrative and mandatory minimum requirements will then be evaluated for compliance with the technical specifications or scope of work. Any bid that does not meet or exceed the technical specification or scope of work will be deemed non-responsive and disqualified from further consideration.

All bids that meet or exceed the technical specifications or scope of work shall then be evaluated on cost as outlined within this solicitation.

A solicitation award does not constitute a contract. Any award made through the bid system, notifications received from the bid system, email notifications received directly from the procurement unit, documents received by the vendor, or documents posted in the bid system, DO NOT constitute or create a contract. Only a fully executed Purchase Order (PO) or a fully executed contract constitutes a binding contract.

Between the notification of award and the receipt of a fully executed PO or contract, the procurement unit may cancel the award and/or the solicitation in full, or in part in accordance with UCA 63G-6a-902 and 63G-6a-120.

If awarded, vendor(s) may not begin work, purchase materials, or enter into subcontracts relating to this solicitation until they receive a fully executed PO or contract.

After the evaluation and final scoring of proposals is completed, the State shall award the contract as soon as practicable, provided the solicitation is not canceled without awarding a contract.

PROTEST PROCESS

Bidders are directed to Utah Code Part 16 and Utah Administrative Code Rule R16 for available appeal processes.

CONTRACT TERMS AND CONDITIONS, EXCEPTIONS, AND NEGOTIATIONS

The Purchase Order/Contract that results from this solicitation will include, but not be limited to the following:

· Scope of Work Specifications and Instructions

· Any addendums to the solicitation as issued through the bidding system.

· Attachment A: State of Utah Standard Terms and Conditions.

It is the responsibility of the bidders to review the Standard Terms and Conditions, and any other documents that may be included within this solicitation prior to submitting a bid.

For the purposes of this solicitation, the Standard Terms and Conditions will not be negotiated. Section 63-6a-604(3) of the Utah Procurement Code requires that a bid will be rejected if it is not responsive or responsible. A bid that is not responsive includes a bid that: (a) is conditional; (b) attempts to modify the bid requirements; (c) contains additional terms or conditions; or (d) fails to conform with the requirements or specifications of the Invitation for Bids.

The State will not allow a bidder’s terms and conditions to become part of the Purchase Order/contract that results from this solicitation. If a bidder’s terms and conditions are attached, referenced, or embedded into a bid, whether intentionally or inadvertently, then the bidder’s terms and conditions shall be null and void and will not become part of a contract that results from this solicitation. If a bidder is awarded a contract and the bidder requests that its terms and conditions become part of the contract, then the bidder’s bid will immediately be disqualified, and the bidder will not be awarded a contract.

II. Solicitation Specifics

NOTICE: The electronic bidding system’s Project Number must be referred to on all proposals, correspondence, and documentation relating to this solicitation.

PURPOSE OF SOLICITATION

The purpose of this solicitation is to enter into a contracts with a supplier of Striping Conditions Data Collection as per the specifications and requirements outlined in the solicitation documents.

INTENT OF AWARD

It is anticipated that this solicitation may result in award to a SINGLE PROVIDER.

CONTRACT TERM AND PRICING GUARANTEE

The contract(s) resulting from this solicitation will be for a period of One (1) year with Four (4) annual renewal options, for a maximum term of 5 years.

Per Utah Procurement Code 63G-6a-1206.5 Change in Contract Price.

A contractor may:

(1) increase the contract price only in accordance with the terms of the contract; and

(2) lower the contract price at any time during the time a contract is in effect.

This solicitation requires that all pricing must be guaranteed for One (1) year. Following the guarantee period, any request for price adjustment must be for an equal guarantee period and must be made at least 30 days prior to the effective date. Requests for price adjustment must include sufficient documentation supporting the request (ie through Federal commodity indices) and demonstrating a logical mathematical link between the current price and the proposed price.

Price adjustments may occur no more frequently than pricing guarantee period. An "Exception" will be considered if there is a net change in price of five (5) percent or more based on a change in the index(es). If a price adjustment is granted earlier than the price guarantee period, that adjustment must be in effect for a full price guarantee period unless there is a subsequent Exception.

Any adjustment or amendment to the contract will not be effective unless approved by the State. The State will be given the immediate benefit of any decrease in the market, or allowable discount.

In a multiple award situation, any adjustment made by one contractor may result in the necessity of providing the same opportunity to all other contracted vendors to adjust pricing on the same item(s).

DELIVERY REQUIREMENTS

Delivery shall be F.O.B. destination freight prepaid - with shipping charges allowed and added as a separate item on the invoice.

Items delivered to the FOB points, which do not meet specifications in every aspect, will be rejected.

At no time may the shipping charge exceed the amount normally charged for shipment from the Contractor’s place of business. The Contractor shall retain title and control of all goods until they are delivered, and the contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The State will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection.

The Contractor shall ship using the best and least costly way. The State shall be made aware of all shipping charges at the time of order.

III. Bid Requirements

BID SUBMISSION REQUIREMENTS SPECIFIC TO THIS SOLICITATION

I. Bidders must provide information/documentation as requested to demonstrate compliance with any listed Mandatory Contractor Requirements/Qualifications:

Failure to meet any one of the mandatory requirements/qualifications will result in the bid being rejected. A rejection of a bid for failure to demonstrate not meeting mandatory minimum requirements can occur at any time in the evaluation process.

1. See the Specifications Document for detailed information.

II. Bidders must provide information/documentation as requested to demonstrate their ability to meet or exceed the Scope of Work and Technical Specifications:

1. See document titled “Attachment B- Scope of Work”.

III. Submission of Samples

1. None required for this solicitation.

IV. Bidders must submit Cost/Pricing according to the instructions provided. Bidders shall not change the format of the cost schedule and must submit pricing in the exact format requested for a fair comparison of pricing among all bidders. Bids received in an alternate format may be disqualified.

1. See document titled “Submittal Form- Pricing Sheet.”

V. Bidders must submit a filled-out Vendor Information Form.

1. See document titled “Submittal Form- Vendor Set Up Form.”

VI. Bidders must submit a filled-out Claim of Business Confidentiality if claiming that information submitted is to be considered as Proprietary/Confidential.

1. See document titled “Submittal Form- Business Confidentiality- check fields”.

General Bid Information