7-01. IFB General Bid Information.doc

Invitation for Bid

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 in accordance with the Utah Procurement Code and applicable rules of the Utah Administrative Code and may be canceled at any time without resulting in award if such action is determined in writing to be in the best interest of the Department. If any provision of this solicitation conflicts with the Utah Procurement Code or Utah Administrative Code, the Utah Procurement Code or Utah Administrative Code 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 Department.(ref. Utah Code Annotated (UCA) §63G-6a-606).

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 Question-and-Answer period of the solicitation will result in the bidder being disqualified.tc \l 1 "SUBMITTING YOUR PROPOSAL"

ADDENDA

Prior to the closing date, the State may, at its sole discretion, issue addenda. Addenda may modify any minimum requirement or specification of this solicitation. It is the responsibility of the bidders to submit their bids as required by this solicitation, including any requirements contained in addenda issued by the State.

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 and may be returned only at the State's option. Materials may be evaluated by anyone designated by the state as part of the proposal evaluation committee.

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 and must be furnished free of charge unless otherwise stated in the solicitation. Submitted samples will not be subject to return. 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

The Government Records Access and Management Act (GRAMA), Utah Code Ann., Subsection 63G-2-305, provides in part that …”the following records are protected if properly classified by a government entity:”

(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has provided the governmental entity with the information specified in Section 63G-2-309 (Business Confidentiality Claims);

(2) commercial information or non-individual financial information obtained from a person if:

(a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future;

(b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and

(c) the person submitting the information has provided the governmental entity with the information specified in Section 63G-2-309;

(6) records the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, except that this Subsection (6) does not restrict the right of a person to see bids submitted to or by a governmental entity after bidding has closed;

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

Any Bidder requesting that a record be protected MUST include with the bid a completed Claim of Business Confidentiality with the following information:

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

2. Include a concise statement of reasons supporting the claim of business confidentiality (Subsection 63G-2-309(1)).

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

Redacted Copy: Bidder must submit two separate bids: one redacted version for public release, with all protected confidential business 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."

An entire bid cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY” and shall be considered non-responsive unless the Bidder removes the designation.

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.

Discussions may be held with a bidder to obtain a more complete understanding of whether the bidder is responsible, or the bid response is responsive. Following discussions, a bid response may be rejected if it is determined that the bidder is not responsible, or the bid response is not responsive. If a bidder is required to meet with UDOT for clarification, any expenses incurred by the bidder will be at the bidder’s expense.

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.

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.

A bidder may request an exception and/or addition to the Standard Terms and Conditions during the Question-and-Answer period if allowable under the posted requirements of the solicitation.

Exceptions and/or additions to the Standard Terms and Conditions are strongly discouraged. Any requested exceptions and/or additions to the Standard Terms and Conditions must be submitted with the bid. Exceptions and/or additions submitted after the date and time for receipt of bids will not be considered. Offerors may not submit requests for exceptions and/or additions by reference to a vendor's website or URL.

The State may refuse to negotiate exceptions and/or additions that are determined to be excessive; that are inconsistent with similar contracts of the procurement unit; to warranties, insurance, or indemnification provisions that are necessary to protect the procurement unit after consultation with the Attorney General's Office or other applicable legal counsel; where the solicitation specifically prohibits exceptions and/or additions; or that are not in the best interest of the procurement unit.

In a multiple award situation, the State reserves the right to negotiate exceptions and/or additions to terms and conditions in a manner resulting in expeditious resolutions. This process may include beginning negotiations with the Bidder having the least number of exceptions and/or additions and conclude with the Bidder submitting the greatest number of exceptions and/or additions. Contracts may be executed and become effective as negotiations are completed.

Bidders must provide all documents in Microsoft Word format with redline editing. Bidders must also provide the name, contact information, and access to the person(s) that will be directly involved in legal negotiations.

Any mandatorily required acceptance of a bidder’s terms and conditions may result in the bid being determined to be non-responsive.

An award resulting from this solicitation is subject to successful contract terms and conditions negotiation (if required). The State, at its sole discretion, will determine when contract terms and conditions negotiations become unproductive and will result in termination of award to that bidder and the State may move to the next eligible bidder.

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.

QUANTITY ESTIMATES

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

FUTURE PROCUREMENTS

UDOT reserves the right to reopen this solicitation or issue a new solicitation if it determines there may be more competition or need than when the original solicitation was posted.

TECHNOLOGY MODIFICATIONS

Pursuant to Utah Administrative Rule R33-12-502 the awarded contract(s) may be modified to incorporate new technology or technological upgrades associated with the procurement item being solicited, including new or upgraded: (i) systems; (ii) apparatuses; (iii) modules; (iv) components; and (v) other supplementary items. Further, a maintenance or service agreement associated with the procurement item under the resulting contract(s) may be modified to include any new technology or technological upgrades. New technology or technological upgrades will be specific to the procurement item being solicited and substantially within the scope of the original procurement or contract.

II. Solicitation Specifics

The reference number for this Solicitation is #DOT260177MP. This number must be referred to on all bids, correspondence, and documentation submitted in relation to this solicitation.

PURPOSE OF SOLICITATION

The purpose of this solicitation is to enter into a contract with to provide Deicer Testing as per the specifications and requirements outlined in the solicitation documents.

BASIS OF AWARD

It is anticipated that this solicitation will result in an award to a Single Provider.

The basis of the award, amongst those bids determined to be responsible and responsive to the requirements of this solicitation, will be: The TOTAL WEIGHTED COST will be used as the basis for the award.

CONTRACT TERM AND PRICE GUARANTEE

The contract(s) resulting from this solicitation will be for a period of Five (5) years with no renewal options for additional 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 Increase adjustment must be for an equal guarantee period and must be made at least 30 days prior to the effective date. Requests for price increase adjustment must include sufficient documentation (i.e., Federal market index analysis, etc.) supporting the request and demonstrating a logical mathematical link between the current price and the proposed price.

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.

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.

2. Bidders must supply a copy of ISO 17025 Certification.

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 the Specifications Document for detailed information.

III. 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 Submittal Form- Pricing.

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

1. See Submittal Form- Vendor Set Up Form.

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

1. See Submittal Form- Claim of Business Confidentiality.

VI. Bidders must identify any conflict, or potential conflict of interest, that might arise during the contract.

See Submittal Form- Debarment or Suspension, Conflicts, Tax Lien, Responsiveness.docx.

General Bid Information