UMUT - 811 Equipment Procurement RFP#071025-1.pdf

UTE MOUNTAIN UTE TRIBE

Request for Proposals – 811 Equipment Procurement RFP

For: Utility Locate Equipment to Comply with Colorado 811 Requirements

RFP #071025-1

Issue date: July 10, 2025

Due date: July 25, 2025 at 3:00 p.m. MT

Contents

1. Introduction and Purpose

2. Instruction to Offerors

3. Equipment Description

4. Standard Terms of the RFP

5. Standard Requirements of the RFP

6. Proposal Format

7. Pricing and Costs

8. Evaluation of Proposals

9. Special Terms and Conditions of this RFP

1. Introduction and Purpose

The Ute Mountain Ute Tribe (UMUT) is requesting proposals for the procurement of utility locate equipment to support the Tribe’s compliance with Colorado’s 811 Locate requirements and enhance capabilities within the UMUT Public Utilities Department. This procurement is part of the Tribe’s initiative to strengthen infrastructure safety, mapping, and response functions associated with underground utility detection and management.

2. Instruction to Offerors

A. SUBMISSIONS. Submissions must be received by July 25, 2025 at 3:00 p.m. MT and should be submitted to Lee Trabaudo at ltrabaudo@utemountain.org with a copy to Chris Stebner at chris@NEOconnect.us

B. PROPOSALS. Proposals must remain valid for 60 days following the submission deadline.

C. The Tribe reserves the right to accept or reject any and all proposals, to waive informalities, and to award to the vendor deemed to provide the best value based on price, quality, delivery, and support.

D. PROCUREMENT POLICY. All vendors must comply with UMUT Resolution 2024-100 and applicable procurement rules. Attachment A: Purchasing and Procurement Policy - Approved by

Res. 2024-100

E. DOCUMENTS. READ THIS REQUEST FOR PROPOSALS (“RFP”) AND ALL ATTACHMENTS TO

THIS RFP TOGETHER IN ORDER TO UNDERSTAND YOUR RIGHTS, DUTIES AND OBLIGATIONS UNDER

THIS RFP.

F. QUALIFICATION OF OFFERORS. Each offeror must have been primarily engaged in a business that delivers goods or provides services similar to those requested in this RFP for at least 24 months prior to the date this RFP is issued. Each Proposal must establish that the offeror is “responsible” and the Proposal is “responsive” to the terms and conditions of this RFP. Potential vendors who have submitted bids or proposals and who have the capability to fully perform all contract requirements as well as the experience, integrity, reliability, capacity, facilities, equipment and credit assuring good faith performance. Past performance, financial capabilities, and business management may be included as criteria for determination of a bidder’s ability to satisfy contract requirements, and “non-responsive” is to mean a Proposal that does not conform in all material respects to the requirements set forth in the

IFB or RFP.

G. PRINTED FORM OF PROPOSALS. All Proposals must state the proposed amount for the delivery of the requested equipment both in words and figures, and be signed in ink by an individual who has actual authority to sign the Contract. The submitted proposal must be labeled as “811 Equipment Procurement, RFP #071025-1”

H. DELIVERY OF PROPOSALS. UMUT will only accept electronic proposal submissions. All proposals must be submitted to Lee Trabaudo at ltrabaudo@utemountain.org with a copy to Chris Stebner at chris@NEOconnect.us. Proposals are due on July 25, 2025 at 3:00 p.m. MT.

I. ACCEPTANCE OF PROPOSALS. All Proposal information is subject to analysis, legal review, and other required approvals prior to the award of any contract. Therefore, all timely received Proposals shall be unconditionally accepted without alteration or correction, except as may otherwise be authorized by applicable provisions of the UMUT Procurement Policy. An offeror may not alter or change any price or other information in a Proposal after it has been opened if the Chief Procurement

Officer deems that alteration or change prejudicial to UMUT or fair competition.

J. EVALUATION OF PROPOSALS. Proposals shall be evaluated based on the requirements set forth in this RFP, which may include, but is not necessarily limited to, the consideration of such factors or criteria as: inspection, testing, references, quality, price, workmanship, delivery, functionality, and suitability for a particular purpose. Prior to the award of a contract, the Procurement Department may contact an offeror to: clarify any patent or latent ambiguities in a Proposal; or, to clarify that an offeror clearly understands the requirements of this RFP and that a submitted Proposal conforms to the requirements of this RFP. Proposals may, but are not required to, be judged on the basis of: (a) the offeror’s qualifications, (b) the total amount of the Proposal (including any unit prices set forth in that

Proposal), (c) warranties, (d) experience, (e) past performance, (f) delivery times, dates, charges, and location, (g) any long- range cost(s), and, (h) any other information that may be requested in this RFP. If a conflict exists between unit prices and total prices in a Proposal, then unit prices shall govern. UMUT may make such investigations, as it deems necessary, to determine the ability of any offeror to timely and satisfactorily perform the work described in this RFP. An offeror shall furnish to UMUT all information and data that it may request. UMUT reserves the right to reject any Proposal if the information submitted by, or the investigation of, an offeror fails to satisfy UMUT that an offeror is properly qualified to deliver the requested goods or, timely and satisfactorily complete the work described in this RFP within the budget provided by that offeror. UMUT may reject any or all Proposals it receives for any bona fide reason, including but not limited to submitting a “conditional” or “qualified”

Proposal. UMUT specifically reserves the right to reject any Proposal that is not submitted by a responsible offeror and/or is not otherwise responsive to the terms and conditions of this RFP.

I. WAIVER OF MINOR INFORMALITIES OR IRREGULARITIES IN PROPOSALS. UMUT reserves the right to waive any minor informality or irregularity in a timely submitted Proposal if it is in the best interests of UMUT or fair competition.

J. ERRORS IN PROPOSALS. Any error in a Proposal that is not withdrawn prior to the award of a contract shall not relieve the submitting offeror from any obligation to provide the goods or services to be acquired through this RFP at the prices stated in that Proposal.

K. WITHDRAWAL OF PROPOSALS. An offeror may request in writing to withdraw a Proposal it has submitted at any time prior to the date a contract award is made. If an offeror claims that it has made an error in its Proposal, then clear and convincing written proof of that error must be submitted to the

PROCUREMENT DEPARTMENT before that Proposal may be withdrawn.

L. REJECTION OF PROPOSALS OR CANCELLATION OF REQUEST FOR PROPOSALS. UMUT reserves the right to reject, in whole or in part, any timely submitted Proposal that fails to comply with the material terms and conditions of this RFP; or, is otherwise not in the best interests of UMUT. UMUT reserves the right to cancel this RFP, in whole or in part, at any time, if it is in the best interests of

UMUT.

M. NATIVE AMERICAN PREFERENCE AND TRIBAL EMPLOYMENT RIGHTS OFFICE (“TERO”). The mission of the Ute Mountain Ute Tribe’s TERO is to enforce the Tribe’s enacted Indian Preference

Law and to acquire revenue, to ensure that the Tribal members and other Native American Indians are given opportunities of employment, training, contracting and to eliminate unlawful employment discrimination on Ute Mountain Ute Tribal Lands. This project does NOT require a percentage of the total contract value of the contract to be paid to TERO per 13.1 of the TERO

Ordinance. However, contractors and their subcontractors will be required to purchase ID cards, to provide vehicle identification and to pay a minimum $500 TERO fee. Contractors and Vendors are encouraged to hire Tribal members for work being done on the reservation and are encouraged to provide employment applications and information for anyone who wishes to apply for employment. Additionally, a five percent (5%) scoring advantage during the establishment of any competitive range shall be applied to all Native American bidders for this RFP.

N. DETERMINATION OF NON-RESPONSIBILITY. If an offeror who otherwise would have been awarded a contract is found to be “not responsible” by the Chief Procurement Officer, then the Chief

Procurement Officer shall make a written determination of its findings and promptly send a copy of those findings to the non-responsible offeror.

O. AWARD. All contracts shall be awarded with reasonable promptness by written notice to the most responsive offeror(s) whose Proposal is the best value (i.e., most advantageous) for UMUT.

P. PROTESTS. An aggrieved offeror may file a written protest of this solicitation or any resulting contract award with the Chief Procurement Officer, or the Tribal Council within seven (7) calendar days of the date the aggrieved offeror knew, or should have known, of the facts giving rise to the claim.

Q. RESERVATION OF RIGHTS. The Tribal Council of UMUT reserves the right to make its selection decision(s) after consideration of any other relevant factors it deems appropriate to that decision. The

Tribal Council of UMUT reserves all other rights, whether express, implied, or inherent, that it may have as a sovereign nation.

ATTACHMENTS. The following documents are attached to this RFP:

ATTACHMENT A Purchasing and Procurement Policy - Approved by Res. 2024-100 (included within this document)

3. Equipment Description

A. EQUIPMENT. The Tribe seeks pricing and delivery estimates for the following utility locating equipment, or approved equal. The listed equipment reflects performance specifications that meet project requirements. Equivalent makes and models will be considered if they meet or exceed the listed functionality and quality:

Item Mfg Description Qty

AML-

PRO

Kit

Subsurface

Instruments, Inc

All-Materials Utility Locator Kit w/

Integrated GPS

Includes built-in GPS for position logging, carrying case, charger, and accessories.

UTG2-

RTK

Utiliguard

Underground Utility Locator (RTK-enabled, 60/120/180 Power Frequencies)

222-

10422

Utiliguard UTG EVA Protective Case 2

222-

Utiliguard Receiver Sleeve, Stainless Steel 2

UTG2-

T5-

ADV

Utiliguard

Advanced Locator Transmitter 2

220-

Utiliguard Transport Bag, MFL, Stainless Steel 2

220-

Utiliguard 5-Inch Clamp Assembly 2

B. DETAILS. Vendors should include complete product specifications, warranty details, delivery timeline, and service/support information in their proposal. Sales tax should be excluded; the

Tribe has a tax-exempt certificate.

4. Standard Terms of the RFP

A. QUESTIONS REGARDING THIS RFP. Written questions regarding the RFP or its attachments must be submitted to Lee Trabaudo at ltrabaudo@utemountain.org with a copy to Chris Stebner at chris@NEOconnect.us through 3:00 P.M. MT on July 18. 2025. Inquiries received after this date may not receive a response.

B. INTERPRETATIONS AND ADDENDA. If it becomes necessary to revise any part of this RFP, then a written “Addendum” shall be issued. UMUT is not bound by any oral changes, clarifications, or representations made by UMUT employees, unless those oral changes, clarifications, or representations are provided in a written Addendum to this RFP.

C. REGISTRATION. Offerors are requested to register with the Rocky Mountain E- Purchasing

System (http://www.bidnetdirect.com/colorado) to receive notices and addendums to this RFP.

D. ASSIGNMENT AND DELEGATION. Except for the assignment of accounts receivable or antitrust claims, the successful offeror may not assign any right or delegate any duty without the prior express written consent of UMUT.

E. LEGISLATIVE CHANGES. UMUT reserves the right to amend any contract awarded pursuant to this RFP in response to any legislative changes which affect that contract.

F. EXCEPTIONS TO RFP. EACH PROPOSAL SUBMITTED IN RESPONSE TO THIS RFP SHALL LIST ANY

DEVIATION(S), EXCEPTION(S), OR VARIATION(S) TO OR FROM: THE TERMS AND CONDITIONS OF THIS

RFP, THE TERMS AND CONDITIONS OF ANY ATTACHMENT(S) TO THIS RFP, THE TERMS AND CONDITIONS

OF AND ANY ADDENDUM TO THIS RFP. THE SECTION OF A PROPOSAL CONTAINING ANY SUCH

DEVIATION(S), EXCEPTION(S), OR VARIATION(S) SHALL BE CLEARLY LABELED “EXCEPTIONS TO RFP”. THE

FAILURE OF AN OFFEROR TO NOTE A DEVIATION, MAKE AN EXCEPTION, OR LIST A VARIATION TO THE

TERMS AND CONDITIONS OF THIS RFP, OR ANY ATTACHMENT(S) OR ADDENDA TO THIS RFP SHALL BE

DEEMED AN EXPRESS WAIVER BY THAT OFFEROR OF ANY SUCH DEVIATION, EXCEPTION, OR VARIATION.

5. Standard Requirements of the RFP COMPLIANCE WITH APPLICABLE FEDERAL, STATE, COUNTY, AND MUNICIPAL LAWS. All offerors must comply with all federal, state, county, and municipal laws applicable to this RFP, including but not limited to: health, labor, and licensing laws.

A. INSPECTION AND ACCEPTANCE. UMUT reserves the right to inspect all goods and services provided pursuant to this RFP prior to accepting those goods or services. UMUT reserves the right to withhold any payment for any goods delivered or services performed that do not conform to this

RFP. UMUT may require the delivery of substitute goods or the performance of substitute services if it concludes, in good faith, that the original goods or services are defective. Re-delivery or re-performance shall be at no cost to UMUT. UMUT may withhold all, or any part, of any payment because of defective tender or performance. Repeated violations of this provision may result in the unilateral termination of the contract by UMUT for cause.

B. SAFETY WARRANTY. All offerors expressly warrant that all services that may be performed pursuant to this RFP shall conform to all applicable rules or regulations of the United States Department of Labor as codified in the Occupational Safety and Health Act of 1970 (OSHA). Failure, without good cause, to comply with any applicable OSHA regulation by a contractor may constitute grounds for termination for cause of that contractor.

6. Proposal Format

A. PROPOSAL. A “Proposal” is a responsive, conforming, unconditional, complete, legible and properly executed offer from a qualified responsible party interested in providing the equipment outlined in this RFP. It shall be the sole responsibility of the offeror to ensure that its

Proposal is in the proper form and in UMUT’s possession at the designated location on or before the scheduled time on the due date for receipt of Proposals. Proposals will not be returned unless the RFP is cancelled prior to the submittal due date. If this RFP is canceled, then Proposals will be returned unopened, or opened for identification purposes only. Any Proposal received

AFTER the submittal due date and time will be returned unopened, or opened only for identification purposes to return that Proposal to that offeror.

B. PROPOSAL FORMAT. Proposals shall be formatted to 8 ½ X 11 inch paper, single spaced in no less than 12-point font. Each Proposal shall contain a table of. A Proposal may provide additional materials in appendices attached to that Proposal. Proposal sections should be tabbed and clearly identifiable.

7. Pricing and Costs

The Proposal shall contain the cost and pricing information for that Proposal. The Proposal shall include a complete description of all costs associated with the equipment described in this RFP.

8. Evaluation of Proposals

A. EVALUATION CRITERIA. Evaluation will consider: Price and total cost of ownership, Equipment compatibility and features, Warranty and after-sale support, Delivery timeframe and

Vendor qualifications and relevant experience.

9. Special Terms and Conditions of this RFP A. SUBMISSION OF WRITTEN QUESTIONS. Written questions regarding the RFP or its attachments must be submitted to Lee Trabaudo at ltrabaudo@utemountain.org with a copy to

Chris Stebner at chris@NEOconnect.us through 3:00 P.M. MT on July 18. 2025.

Please do not contact any other UMUT department or personnel with questions or for information regarding this solicitation.

Offerors are cautioned that in no event shall failure to familiarize themselves with the requirements of this solicitation or to resolve ambiguous or inconsistent terms or conditions of this solicitation constitute grounds for a claim of any kind after contract award.

See separate Attachments A.