3-Notice of Intent to Award (Sole Source) Cenergistic, LLC.pdf

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

The Alpine School District (“ASD”) 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 ASD 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 ASD 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.

490 NORTH STATE STREET, LINDON, UT 84042

PHONE: 801-610-8040

It is anticipated that this procurement will result in a:

RESULT ACTION

Agency Contract

1. The term of this contract will be:

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.

Purchase Order The Conducting Procurement Unit may not make the procurement until after the solicitation process is completed, the purchase order is signed by the Department of Purchasing.

Estimated value of the contract/purchase order: $1,200,000

Freight Cost (F.O.B. Destination, Freight Prepaid): $0.00

Vendor Name: Cenergistics

Explain in detail the service or product to be procured: ASD has contracted with Cenergistic for energy conservation consulting and building management services.

Complete disclosure must be included with this request if the requestor 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:

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 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.

R33-108-101(c)(3)

1. Continuity During District Split o With ASD dissolving into three districts in 2027, initiating a new competitive procurement for energy conservation services at this time would be inefficient and disruptive.

o A transition to a new vendor would require duplicative startup costs, onboarding, and training, consuming scarce staff capacity during an already overburdened transitional period.

2. Proprietary Tools & Integration o Cenergistic employs proprietary monitoring systems, analytics, and processes that are already embedded within ASD’s energy management program.

o Shifting to another vendor would necessitate abandoning or replacing these systems, resulting in both financial waste and a significant loss of continuity in reporting and analysis.

3. Short-Term Procurement Horizon o The three new districts will each independently determine whether and how to procure energy conservation services after July 1, 2027.

o Conducting a competitive procurement now would result in a short-lived contract that may not be adopted by the successor districts, creating unnecessary expense and administrative burden.

For the reasons stated above, Alpine School District intends to award a sole-source contract extension to Cenergistic, LLC for energy conservation and building management services for the period of January 1, 2026, through June 30, 2027.

This approach ensures stability, preserves resources during the transitional period, and positions each of the three future districts to make independent decisions regarding energy conservation services after ASD is dissolved.

2. Please supply the following, if applicable:

a. Procurement method that was used to purchase the existing equipment? (IFB, RFP, Sole Source): RFP

b. Solicitation number, RQS number, or sole source number for the existing equipment: 04012017

c. Contract number for the existing equipment 04012017

Revised September 29, 2019