5-Notice of Intent to Award (Sole Source) Elementary Cold Springs Property Lehi.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: and renewal options: .

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.

Description of procurement item to be purchased:

Repeat use of Architectural designs for elementary school (Cold

Springs property in Lehi, Utah)

Estimated value of the contract/purchase order: $1,350,000.00

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

Vendor Name: KMA Architects

Explain in detail the service or product to be procured (additional information can be found on the attached Scope of Work):

Alpine School District is looking to design a school in Lehi, Utah. In an effort to save on costs, ASD plans to re-use the design previously used from the firm KMA. KMA has rights to the designs and drawings.

Complete disclosure must be included with this request if the requestor has any personal, financial, or fiduciary relationship with the vendor. (Please Attach)

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 A: ONLY ONE SOURCE

1.

What is unique about this procurement item to justify an award of contract without engaging in a standard procurement process? (Explain in detail why the service or product is only available from a single supplier.)

Alpine School District is designing a school in Lehi, Utah. In an effort to save on costs, ASD plans to re-use the design previously used from the firm KMA. KMA has rights to the designs and drawings. The design is also re-used for compatibility and consistency across multiple schools throughout the district.

2. Could the procurement item be reasonably modified to allow for competition?

The purpose of re-using the plans from a prior ASD build is to save cost on new design which is extensively higher and time sensitive.

3. Explain the market research performed.

KMA owns the design and drawing, verified with maintenance department. Other firms exist but are unable to re-create the existing design owned by KMA that the District has used for multiple builds.

4.

What research have you conducted to ensure the requested procurement item is not available on an existing state or district cooperative contract?

Design is a prior ASD design, from a prior contract. As a professional service it is not on contract.

5.

If there is only one source for the procurement item, list the names of other similar vendors contacted, contact person, and a summary of their response, Notice placed on public procurement website for vendor comment.

SECTION B: TRANSITIONAL COSTS

1.

Describe the existing equipment, technology, software, accessories, replacement parts, or service, hereafter referred to as equipment; include the original purchase price and date of purchase for the existing equipment.

The Design and Architectural drawings for this school plan have been used before and purchased by ASD. They are owned with exclusive rights by KMA and the design or plans cannot be used by another firm.

2. Please supply the following:

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

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

c. Contract number for the existing equipment:

3.

Attach the cost-benefit analysis, as required by Utah Code Section 63G-6a-802 that demonstrates that transitional costs are unreasonable or cost-prohibitive.

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.

In re-using the design where compatibility (matching) along with the cost savings and time sensitivity is in the best interest of the District and would be impracticable to go through the standard procurement process.

2. Please supply the following, if applicable:

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

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

c. Contract number for the existing equipment

Revised September 29, 2019