Sundance Resort Sole Source posting.docx

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Notice of Sole Source-Sundance Resort Support of the UDOT Avalanche Safety Program.
Solicitation number
UDOT230287LDSS
Issued by
Utah

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This is a Utah Department of Transportation (UDOT) Procurement sole source notice for a contract with Sundance Resort to support the Highway Avalanche Safety Program. The contract will run for 5 years with an estimated value of $100,000, and UDOT intends to award the contract without standard competitive procurement due to Sundance Resort's unique geographic location and capabilities. The services include reimbursements for various avalanche mitigation support activities, such as transporting ammunition, installing and maintaining weather monitoring equipment, performing seasonal maintenance of weapons and ammunition storage facilities, participating in ordnance destruction, assisting with RAC systems, and providing personnel, heavy equipment, and explosives at fair market rates.

UDOT has determined that Sundance Resort is the only acceptable vendor for these services based on their proximity to the avalanche safety infrastructure. The sole source justification is primarily based on the resort's geographic location, which makes them the only viable resource in the immediate area. No competitive alternatives were identified, and UDOT procurement staff confirmed that no other contract can satisfy the program's needs. The procurement unit will only proceed with the contract after completing the solicitation process and obtaining signed agreements from all parties.

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Issuing Procurement Unit: UDOT Procurement

Conducting Procurement Unit: UDOT Procurement

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

UDOT Procurement is publishing this notice pursuant to the Utah Procurement Code. The Conducting Procurement Unit submitted this form to UDOT Procurement claiming that it intends to award a contract without competition if it is determined by UDOT Procurement, 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 UDOT Procurement or the State, 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 UDOT Procurement during the publication period. No action is required if you agree with this Notice.

If, after the public notice period has passed, UDOT Procurement determines that there are other interested and qualified vendors that meet the specifications of this notice, UDOT Procurement will not award a contract pursuant to this notice.

If, after the public notice period has passed, no valid challenges have been received, then UDOT Procurement may award a contract to the identified vendor without competition.

Please read the entire form very carefully before responding to this notice.

It is anticipated that this procurement will result in a:

RESULT
ACTION

|X|

Agency Contract

1. The term of this contract will be: 5 years.

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 UDOT Procurement.

Purchase Order
The Conducting Procurement Unit may not make the procurement until after the solicitation process is completed, the purchase order is signed by UDOT Procurement, and the purchase order is delivered to both the agency and the vendor.

Description of procurement item to be purchased:

Reimbursements to Sundance assisting in the Highway Avalanche Safety including the following:

-Time and resources for transport of ammunition to on-site storage facilities within the ski area -Time and resources for installation and maintenance of weather monitoring equipment -Time and resources for performing necessary seasonal maintenance of weapons and ammunition storage facilities -Time and resources for participation, under the supervision of UDOT, in the locating and destruction of unexploded ordnance and explosives used for highway avalanche mitigation -Time and resources to assist in the maintenance of RAC systems including the shared use of helicopters at a fair market rate for the helicopter time required to operate RAC equipment

- Reimburse Sundance and at a fair market rate for heavy equipment services, e.g. snow cats, front loaders, etc.

-Reimburse Sundance at a fair market hourly rate for all non-UDOT employee personnel hours incurred in assisting the Highway Avalanche Safety Program.

-Reimburse Sundance for providing explosives to the Highway Avalanche Safety Program at the fair market rate incurred for each single complete cap, fuse, and hand charge assembly

- Reimburse Sundance for all other reasonable and incurred expenses as agreed in writing in advance by the parties

Estimated value of the contract/purchase order:
$100,000.00
Freight Cost (F.O.B. Destination, Freight Prepaid):
N/A
Vendor Name:
Sundance Resort

Explain in detail the service or product to be procured (additional information can be found on the attached Scope of Work): Sundance Resort provides goods and service supporting the UDOT Avalanche program.

CHECK THE BOX THAT IDENTIFIES WHY A CONTRACT SHOULD BE AWARDED WITHOUT ENGAGING IN A STANDARD PROCUREMENT PROCESS:

|X|
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.)

UDOT and Sundance Resort work closely together in support of the UDOT Avalanche Safety Program.

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

No. The geographic location of Sundance Resort makes them the only acceptable option.

3.
Explain the market research performed.

The geographic location of Sundance Resort makes them the only acceptable option. Maps of the area show they are the only resource in the immediate proximity of the UDOT Avalanche Safety infrastructure.

4.
What research have you conducted to ensure the requested procurement item is not available on an existing state cooperative contract?

I worked with procurment to discuss options and not other contract can satisfy the needs of the UDOT Avalanche Safety program.

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,

N/A

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.
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.
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

LEASING PERSONAL PROPERTY (Not Real Property) Lease requests must include an approved FI 9 State of Utah Lease Obligation Record form from the Division of Finance. The FI 9 State of Utah Lease Obligation Record form can be found on the Division of Finance website finance.utah.gov under Forms. The Finance policy FIACCT 09-21.00 Fixed Assets – Leases can be found on the Division of Finance website under Accounting Policies and Procedures.

|_| Approved FI 9 attached.

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