I. Solicitation Overview and Instructions

This Request for Proposals (“RFP) is designed to provide interested responders with sufficient basic information to submit responses meeting minimum requirements. It is not intended to limit a response's content or exclude any relevant or essential data.

This solicitation is issued in accordance with the State of Utah Procurement Code, Utah Code Annotated (UCA) Chapter 63G-6a, and applicable Rules found in the Utah Administrative Code (UAC). If any provision of this solicitation conflicts with the UCA or UAC, the UCA or UAC will take precedence.

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 Responders.

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 issue a new solicitation if it determines there may be more need for the contractors than when the original solicitation was issued.

Award of a contract resulting from this solicitation does not guarantee exclusivity on scope items to the awarded provider. UDOT, at its sole discretion, may contract with other suppliers to complete similar, but NOT identical, tasks at any time.

QUESTIONS AND ANSWERS

Questions MUST be submitted through the online bidding system during the designated Question and Answer period. Questions submitted through any other channel will not be answered. Answers disseminated by the State through the online bidding system may modify the specifications or requirements of this solicitation and will constitute an addendum to this solicitation.

Questions or notifications to the State of any ambiguity, inconsistency, excessively restrictive requirement, or errors in this solicitation MUST be submitted as a question during the Q&A period.

Issues with the solicitation that have not been previously addressed within the Q&A period of the procurement are not allowed to be addressed within a response and may result in the Responder’s response being considered non-responsive.

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

Exceptions to the scope of work or other content of the solicitation not previously addressed within the Q&A period of the procurement may result in the Responder’s response being considered non-responsive.

ADDENDA

Any modification to this procurement will be made by addendum issued by the State. Addendums 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 submission in 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 Responder not receiving solicitation documents and/or revisions to the solicitation. It is the responsibility of the prospective Responder 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, Responders are prohibited from communications regarding this solicitation with staff, evaluation committee members, or other associated individuals EXCEPT the UDOT procurement officers overseeing this solicitation. Failure to comply with this requirement may result in disqualification.

RESPONSE SUBMISSION

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

Responses must be received by the due date and time (“deadline”). Responses received after the deadline will be late and ineligible for consideration.

Electronic submission instructions: When submitting a response electronically through the online bidding system, please allow sufficient time to complete the online forms and to upload response documents. The solicitation will end at the deadline. If a Responder is in the middle of uploading a response when the deadline arrives, the system will stop the upload process and the response will not be accepted by the bidding system, and the attempted submission will be considered late and ineligible for consideration.

Electronic responses may require uploading of electronic attachments. The online bidding system will accept a wide variety of document types as attachments. However, the State is unable to view certain documents. Therefore, DO NOT submit documents that are embedded (zip files) or encrypted. All documents/files must be uploaded in the bidding system as separate files.

Files submitted electronically must NOT be password protected or locked in any way.

All costs incurred by a Responder in the preparation and submission of a response, including any costs incurred during interviews, oral presentations, and/or product demonstrations are the responsibility of the Responder and will not be reimbursed.

PROTECTED INFORMATION

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

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 after award of the contract.

Process for Requesting Non-Disclosure: Any Responder requesting that a record be protected must provide with their proposal the following information:

1. Must provide a completed Claim of Business Confidentiality at the time the information (proposal) 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 proposal. Copy must clearly be marked “Redacted Version.”

Redacted Copy: If a Responder submits a proposal that contains information claimed to be business confidential or protected information, the Responder MUST submit two separate proposals: 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."

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

CORRECTION OR WITHDRAWAL OF RESPONSE

Responses 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 response 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 response.

DISCUSSIONS OR CLARIFICATIONS

Discussions may be held with a responder to obtain a more complete understanding of whether the responder is responsible, or whether the responder’s response is responsive. Following discussions, a response may be rejected if it is determined that the responder is not responsible, or the response 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 Responders of the procedures. Interviews or presentations shall be limited to those Responders meeting the minimum requirements specified in the solicitation. Interviews and presentations will be at the Responder's expense.

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

BEST AND FINAL OFFER

A Best and Final Offer (BAFO) may be issued if it is determined to be necessary. The Best and Final Offer process is a formal request for responders to amend specific portions of the response.

RESPONSE EVALUATION

All responsive and responsible proposals that have not been disqualified from consideration under the provisions of Part 7 of Utah Code 63G-6a, using the criteria established in this solicitation will be evaluated by an evaluation committee in accordance with the Utah Procurement Code, Administrative Rules, policies, and the evaluation criteria set forth in this solicitation.

All responses shall remain valid for a minimum of 120 calendar days after the Response Due Date to allow adequate time for evaluation.

SOLICITATION AWARD IS NOT A CONTRACT

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 supplier, 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, supplier 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.

QUANTITY ESTIMATES AND NO GUARANTEE OF VOLUME OF PURCHASE

Estimated Quantity or value of services: From 0 - $36 million.

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

The issuance of a contract under this RFP does not guarantee a minimum or maximum amount in expenditure. UDOT is not obligated to purchase any devices or services from an awarded Responder. Purchases will be made on an as-needed basis at the Department’s sole discretion.

If a contractor is required to include Electric Vehicle Supply Equipment (EVSE) as part of their contract UDOT reserves the right to perform testing on a limited number of devices from the contractor to assess compatibility and performance before deciding whether to install the EVSE.

PROTEST PROCESS

Responders are directed to Utah Code Part 16 and Utah Administrative Code Rule R33-116 for available appeal processes.

CONTRACT TERMS AND CONDITIONS, EXCEPTIONS, AND NEGOTIATIONS

Any contract resulting from this solicitation will include, but not be limited to the following:

· Scope of Work Specifications, Requirements, and Instructions.

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

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

For purposes of this solicitation, and due to existing time constraints, the State will NOT entertain exceptions to the State’s Standard Terms and Conditions.

PERFORMANCE EVALUATION

Contracts resulting from this solicitation are subject to performance evaluations. Continuous negative performance evaluations and documented feedback from end users may impact on a responder’s ability to participate in future solicitations. Performance evaluations may include end user surveys, performance audits, reports, interviews, or other reasonable methods of performance evaluation. Responders will be notified of any negative performance evaluations or end user feedback collected.

STABILITY OF RESPONDER

The State reserves the right to request financial and other information it deems relevant as necessary to evaluate a responder’s stability and capability to complete the Scope of Work.

TRAVEL TIME AND EXPENSES

For insurance purposes, state business travel, whether reimbursed or not, must have prior approval by an appropriate authority. This also includes non-state employees where the agency or political subdivision is paying for the travel expenses.

Approved travel will be reimbursed at the state approved rate. All travel must be pre-approved in writing by the UDOT Program Manager. Mileage will be reimbursed according to current state standards, and any invoice for mileage must be accompanied by a completed mileage log.

Authorized Travel expenses will have the following conditions:

1. Food expenses are limited to the rate allowed by then-current State of Utah Finance per diem policy.

2. Reimbursement for lodging will be limited to the applicable State of Utah government rates. If accommodation is unavailable within these limits, the State will make hotel reservations through the Utah State Travel Office, in which case reimbursement will be limited to the lowest rate obtainable by the Travel Office.

3. All air travel will be booked through the Utah State Travel Office. Any requests for Exceptions to State Travel policy must be submitted from the Director to State Travel with sufficient documentation backing up the circumstances behind the request.

4. All rental cars will be booked by the State through the Utah State Travel Office.

5. All air travel will be booked by the State through the Utah State Travel Office. In the event a contractor requests to book their own air travel, an exception would need to be requested. The State of Utah Travel Office would need a memo from your Director requesting an exception to State Finance Policies written to the State Director of Finance. The air travel could not be booked until a decision has been made regarding the exception request.

SUBCONTRACTORS

Prime contractors must perform a minimum of 30% of the work of the total original contract price for each work order.

The planned use of any and all subcontractors must be clearly explained in the Executive Summary. The Responder, if awarded the contract, shall be responsible for all costs and contract performances if subcontractors are used. The State reserves the right to review and approve all subcontractors, review services conducted by subcontractors, and refuse payment on projects where subcontractors are used without foreknowledge or approval by the State.

Subcontractors must be authorized to do business in the State of Utah. Subcontractors must include information, in the same detail as the prime contractor or responder, of any and all personnel and companies who are not in the direct employ of the Contractor. Freelance/contracted labor may not be billed above the prevailing labor rate in the contract and is not considered a reimbursable expense. The prime Responder shall be responsible for all costs and contract performances by subcontractors if used.

Joint submissions: Where two or more responders desire to submit a single bid in response to a solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture.

BACKGROUND CHECKS

The State reserves the right to require any Contractor (and Subcontractor if applicable) with access to secure state facilities, sensitive data, or technology to complete a background check.

Contractor (and Subcontractor if applicable) agrees to notify the State immediately if an arrest or conviction of any employee that has access to secure state facilities, sensitive data, or technology occurs during the performance of a contract resulting from this solicitation.

Contractor (and Subcontractor if applicable) shall not permit any of its employees who have been convicted of a felony or misdemeanor to have access to secure state facilities, sensitive data, or technology.

The State reserves the right to determine what state facilities, sensitive data, or technology applies to the background and disclosure/notification requirements.

II. Solicitation Specifics NOTICE: The electronic bidding system’s Event Number must be referred to on all responses, correspondence, and documentation relating to this solicitation.

PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The purpose of this Request for Proposals (RFP) is to allow the Utah Department of Transportation (UDOT) to enter into contracts with qualified contractors to remove, replace, repair, or install electrical vehicle (EV) chargers and required charging infrastructure at sites throughout the state using federal or state funds designated for such purposes.

The Utah Department of transportation (UDOT) plans to utilize ID/IQ (Indefinite Delivery/Indefinite Quantity) contracting as a method to expedite delivery of competitive, low bid construction procurement of various federal-aid highway funded projects. As projects arise, all qualified providers will subsequently respond to new work orders with competitive bids for the project. Work Order Award will be to the lowest project cost received.

CONTRACT AWARD INTENT

It is anticipated that this solicitation will result in Multiple Contractor Awards with the qualification of up to 15 contractors.

LENGTH OF CONTRACT

The contract(s) resulting from this solicitation will be for a period of Three (3) years with Two (2) one-year renewal options, for a maximum contract length of Five (5) years as per 23 CFR 635 Subpart F.

CONTRACTOR PERFORMANCE

All work will comply with Federal, State and local laws and permitting requirements.

If a federal requirement is enacted, amended, superseded, waived, or otherwise changed after contract awards, the revised requirements will apply to any future work orders. If such requirements affect the awarded contractor’s cost, schedule, or performance obligations, it will be addressed through an appropriate contract modification or work order modification before the affected work is performed.

If the contractor at any time is not meeting project schedule, standards or specifications as agreed upon for the project, the UDOT representative may do any of the following:

• Issue a written warning.

• Stop award of any future projects until current work is complete or rectified.

• Withdraw work and award to another contractor.

III. Scope of Work and Associated Requirements All Scope of Work Requirements MUST be demonstrably met by a Responder in order for their response to be considered. Any breach of requirements once the Contract has been awarded constitutes breach of Contract by the responder and the Contract may be terminated immediately.

The Scope of Work is subject to change based on the awarded contract(s).

DETAILED SCOPE OF WORK AND ASSOCIATED REQUIREMENTS

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

IV. Required Response Submission Information

RESPONSE RESPONSE

All responders must submit responses that detail their experience and qualifications in the requested areas (each area must be addressed. Do not list “not applicable”).

For ease of evaluation, the submitted responses must provide a point-by-point response, addressing in detail each area of the evaluation criteria. The criteria are not intended to limit a response's content or exclude any relevant or essential data. Responders are at liberty and are encouraged to expand upon the criteria to demonstrate the Responder’s capability to provide the State with a solution.

Responders bear sole responsibility for providing evidence in their response that they are capable of performing the requested Scope of Work.

RESPONSE FORMAT and RESPONSE REQUIREMENTS Responses should be concise, straightforward, and prepared simply and economically. Expensive displays, bindings or promotional materials are neither desired nor required. However, there is no intent in these instructions to limit a response’s content or to exclude any relevant or essential data.

Responses should be organized and titled using each of the following specific headings:

1.

Section Title: UDOT Vendor Setup Form.

UDOT’s Responder Setup Form fully completed and signed by the responder.

See document titled “Submittal Form- Vendor Setup Form.pdf”.

2.

Section Title: Cover Letter.

Include a one-page cover letter that identifies the name and primary contact information of the person who will be authorized to execute an agreement with the State of Utah on behalf of the Responder.

3.

Section Title: Business Confidential/Protected Information.

All protected/proprietary information must be indicated by submitting a completed Claim of Business Confidentiality form.

If responder’s proposal contains protected/proprietary information (please refer to the Protected Information section of this solicitation for additional information) then responder must also submit a redacted copy of the proposal at the same time as the responder submits its proposal. The redacted copy of the responder’s proposal must be submitted in compliance with the other sections of this solicitation.

If there is no protected information, check the “None” box on the submittal form.

Failure to comply with this Section releases the State from any obligation or liability arising from the inadvertent release of Responder information.

See document titled “Submittal Form- Business Confidentiality- Yes No.doc”.

4.

Section Title: Potential Conflicts of Interest.

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

If no conflicts are identified or expected, write “None” in this section.

See document titled “Submittal Form- Certifications- Yes No.docx”.

5.

Section Title: Exceptions and/or Additions to the Standard Terms and Conditions.

Proposed exceptions and/or additions to the Standard Terms and Conditions must be submitted. Responder must provide all proposed exceptions and/or additions, including an Responder’s terms and conditions in Microsoft Word redline format. Responders must also provide the name, contact information, and access to the person(s) that will be directly involved in terms and conditions negotiations.

If there are no exceptions and additions to the Standard Terms and Conditions, check the “No” boxes on the submittal form.

See document titled “Submittal Form- Attachment A- Standard Terms and Conditions- Yes No.docx”.

6. Section Title: Mandatory Minimum Requirements/Qualifications (Pass/Fail Criteria).

Responders must provide the required evidence and/or documentation/narratives demonstrating compliance with the stated Mandatory Minimum Requirements/Qualifications. A Responder’s failure to meet any one of the mandatory requirements will result in the proposal being classified as non-responsive and will be rejected under the provisions of the Utah Procurement Code.

Responders should review the scope of work and/or specifications in the files before submitting their responses to the mandatory minimum requirements.

All of the items described as mandatory minimums are non-negotiable. If it is determined that a response does not meet the mandatory minimum requirements, at any time during the solicitation process, it will be deemed non-responsive and disqualified from further consideration.

Responders must provide sufficient evidence and/or documentation demonstrating that the responder is compliant with the Mandatory Minimum Requirements:

1. Contractor must maintain a Current Utah Business License

Provide: provide evidence of having a current Utah Business License that is current at time of response submission. The company name on the Utah Business License must match the name of the submitting contractor.

Pass/Fail

2. Contractor must maintain a Current State of Utah’s E-200 Vendors License

Pass/Fail

Performance Bonds and Payment bonds will be set at the value of each Work Order. For Type II Work Orders, bonds may be required of $6,000,000.

At their discretion, UDOT may then require an annual letter from the contractor’s surety company for each successive 12-month period, for the life of the contract.

Pass/Fail

Region One

Region Two

Region Three

Region Four East Region Four West

Pass/Fail

7.

Section: Detailed Technical Proposal (Scored Criteria).

This section should constitute the major portion of the proposal and must be a concise overview of the Responder's assessment of the work to be performed, the Responder’s ability and approach, and the resources necessary to fulfill the requirements. This section should demonstrate the Responder's understanding of the desired overall performance expectations, deliverables, if any, and outcomes. Clearly indicate any options or alternatives proposed. In any case wherein the Responder cannot comply with a provision outlined in the “Detailed Scope of Work”, such inability must be stated in response to the applicable requirement. Responders should reference the Scope of Work in their response.

For ease of evaluation, the Detailed Technical Proposal Section must be a specific point-by-point response, addressing in detail each of the Technical Evaluation Criteria.

The responder bears sole responsibility for the items included or not included within their submitted. Each area of the evaluation criteria must be addressed in detail in the response. The criteria are not intended to limit a response's content or exclude any relevant or essential data. Responders are at liberty and are encouraged to expand upon the criteria to demonstrate the responder’s capability to provide the State with a solution.

Responders must provide a detailed narrative demonstrating their capability, capacity, depth of experience, and prior accomplishments, as follows:

Provide a list of similar completed Federal or non-federally funded projects with similar scope over the past 3 years. Please identify similarities, if the project was federally funded, project owner and references for each project.

30 Points

2. Project Understanding

Provide information supporting the following:

Discuss your understanding and experience of UDOT's or Federal-aid Highway construction processes.

10 Points

3. Personnel Experience and Qualifications

Provide information supporting the following:

Provide details about the number and experience of personnel. Identify any certifications that would be relevant to performing the scope of work.

20 Points

V. Response Evaluation and Contract Award

RESPONSE EVALUATION PROCESS

All responses submitted in response to this solicitation will be evaluated in a manner consistent with the Utah Procurement Code, Administrative Rules, policies and the evaluation criteria in this solicitation.

This solicitation will be evaluated under a Multiple Stage process. Responders must pass each stage in order to move to the next stage in the evaluation process.

Stage 1: Determination of Responsiveness (Pass/Fail) In Stage One of the evaluation process, all responses timely received will be reviewed for responsiveness to solicitation requirements. Responses not conforming to solicitation requirements or unable to meet the Minimum and/or Mandatory Requirements will not proceed on to Stage 2 Technical Response Evaluation.

Stage 2: Detailed Technical Response Evaluation

Stage Two will consist of an evaluation committee conducting a detailed Technical Evaluation of each responsive and responsible response that has not been previously disqualified or rejected.

Responsive responses will be evaluated against the Technical Evaluation Criteria. The evaluation committee will tally the final scores for the Technical Criteria to arrive at a consensus score by an average of the individual scores.

Stage 3: Determination of Contract Award Multiple Award:

Contractors that achieve a minimum of 40 of the possible 60 Technical Evaluation points available may be determined to be eligible for award. Only contractors that receive the minimum Technical Evaluation point will be considered for award. Up to 15 awards will be made.

After the evaluation and final scoring of responses is completed, the State shall award the contract(s) as soon as practicable, provided the solicitation is not canceled in accordance with Utah Procurement Code requirements.

General Solicitation Document