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II. ADMINISTRATIVE AND CONTRACTUAL INFORMATION

A.        INTRODUCTION

            The following paragraphs represent several administrative points related to this RFP which should be carefully noted by those submitting a proposal.

B.        AGREEMENT

            The selected bidder(s) will be expected to enter into a formal agreement with the State. The form of the proposed contract is attached as Appendix B. The bidder's proposal, and other terms within this RFP will become part of the resulting contract.

C.        ISSUING OFFICE

            This RFP shall be governed by the laws of the State of Utah, and is issued by the Division of Purchasing, Department of Administrative Services.

D.        OPTION FOR COUNTY AND LOCAL GOVERNMENTS AND THEIR CONTRACTORS TO PURCHASE ITEMS AT CONTRACT UNIT PRICES

            The bidder agrees that, if he/she is awarded the contract with the Department, he/she will also sell to any County or Municipal government in the State of Utah, or their contractors, any item at the contract unit prices during the term of the contract.  All references to the State of Utah or Department of Transportation in these specifications will also apply to any purchaser of the equipment under this contract.  This may include local governments and contractors.

E.         REJECTION OF PROPOSALS

            The State of Utah reserves the right to reject any and all proposals received as a result of this request.

F.         INCURRING COSTS

            The State of Utah is not liable for any costs incurred by bidders prior to the issuance of any agreement, contract, or purchase order, and will not pay for information solicited or obtained.

G.        RESPONSE DATE

            In order to be considered for selection, proposals must arrive at the State of Utah, Division of Purchasing on or before the time and date, as specified on the cover sheet of this RFP. When responses to inquiries or addenda so require, the response date will be extended.

H.        BIDDER PROPOSALS

            In order to be considered for selection, bidders must submit a response to the RFP using the formats specified and provided in this RFP. Each proposal must be submitted to the Division of Purchasing as an original and ten (10) additional complete copies.

I.          ECONOMY OF PREPARATION

            Proposals should be prepared simply and economically, providing a straightforward, concise description of the equipment and capabilities of the vendor. Emphasis should be on completeness and clarity of content.

J.         DISCLOSURE OF PROPOSAL CONTENTS

            All proposal information will be held in confidence and may not be revealed or discussed with competitors. All material submitted becomes the property of the State of Utah and may be returned only at the State's option, unless specifically stated otherwise in the RFP. Proposals submitted may be reviewed and evaluated only by those officials who have a legitimate interest.

K.        PROPRIETARY INFORMATION

            Bidders are requested to mark any specific information contained in their proposal which is not to be disclosed to the public or used for purposes other than evaluation of the proposals. Pricing and service elements of the proposal will not be considered proprietary. If elements of the proposal are  marked as proprietary, the Department's Procurement Manager will determine whether the information can be kept confidential, and notify the bidder. If the bidder does not agree with this determination, the proposal may be withdrawn from consideration.

L.         DISPOSITION OF PROPOSALS

            Proposals become the property of the State of Utah Department of Transportation, are treated as privileged documents and are disposed of according to Department policies. The proposal of the successful bidder, excluding proprietary information, shall be open to public inspection for a period of 90 days after award of the contract.

M.       INQUIRIES

            If additional information is needed regarding contractual or bidding requirements outlined in this RFP, please contact:

                        Ms. Terri Theobald, Purchasing Agent
                        Utah Department of Transportation
                        4501 South 2700 West
                        Salt Lake City, UT 84119
                        Telephone (801) 965-4071

            Inquiries regarding technical specifications shall be directed, in writing (or faxed) to:

                        Dave Kinnecom
                        Traffic Management Engineer
                        Utah Department of Transportation
                        4501 South 2700 West
                        Salt Lake City, UT 84119
                        Phone   (801) 965-4910
                        FAX     (801) 965-3845


N.        ORAL PRESENTATIONS

            Bidders who submit a proposal may be required to make an oral presentation of their proposal or portions thereof to the Utah Department of Transportation. The Department will schedule the time and location for any presentation.

O.        SAMPLES

            Bidders may be asked to submit, or make available,  samples of their equipment for a 30 day non-destructive testing, inspection and evaluation period, prior to selection of a vendor and award of a contract. Samples will be returned to the vendor following the 30 day period.

P.         NO GUARANTEE TO PURCHASE

            The State does not guarantee to purchase a certain quantity under the proposed contract. The estimated quantities are for bidding purposes only and are not to be construed as a guarantee to purchase.

            The State may choose to issue more than one contract for any bid item. If more than one contract is awarded, the quantities indicated on the Bid Form may be significantly decreased. Bidders shall indicate in the proposal if the bidder WILL or WILL NOT accept a contract at their unit bid prices for only a portion of the indicated quantities.

Q.        CONTRACT TO INCLUDE ALLOWANCE FOR MISCELLANEOUS ITEMS

            The bid form contains an allowance for purchase of miscellaneous small items. For the purpose of evaluating bids, the amount of this allowance will be the same for all bidders and will be added into the total contract bid.

            The allowance will be included in the contract of the selected supplier. If more than one contract is awarded, the amount of the allowance may be pro-rated among the contracts.

            Under this item, UDOT may purchase miscellaneous Advanced Traffic Management System equipment such as spare or replacement parts in small quantities on an as-needed basis. 

            The proposal shall contain a price list for various spare parts typically provided by the Bidder, plus those specifically identified under the Allowance Item in each category of the technical specifications.  Payment for these items will be made according to the price list, less any discount offered.  This price list shall be included in the Price Proposal.

R.        PRICE ESCALATION

            Upon award of a contract, the unit prices proposed by the Bidder, and accepted by the state, shall apply for a period of three (3) years.  After the three year period, the Contractor may make an application in writing to increase the unit prices, for consideration by the State.  The Contractor must provide documentation of corresponding increases to his raw material and labor.  Acceptance of any increases to unit prices is subject to approval by the State.

S.         NEW PRODUCTS

            If new products are developed by the Contractor after award of the contract, the Department may buy those items under the terms of this contract.  The price for new products will be based on a percentage discount from the Contractor's published retail price list for such products.  The bid proposal form shall indicate the Bidder's proposed percent discount offered to the State for new products not specifically described in the technical specifications

T.         CONTRACTOR RIGHT TO PURCHASE

            UDOT is currently planning that the installation of much of the  ATMS equipment selected under this RFP will be installed by a contractor to UDOT under an accelerated schedule beginning early in 1997.  UDOT's typical practice for contracted installation of traffic controllers and other equipment is to purchase the equipment directly from its vendor, and then to provide the equipment to its construction contractor.

            However, due to the proposed construction schedule of the Salt Lake ATMS, UDOT wishes to develop means to expedite the equipment ordering, delivery, and acceptance process for this project.  Therefore, the following provisions will apply to the successful Bidders selected through this RFP:

  1. Successful Bidders will enter into a contract with UDOT which will establish unit prices and other conditions specified in this RFP , such as payment terms, guarantees, field support and delivery dates.
  2. UDOT will authorize the ATMS construction contractor to purchase equipment directly from UDOT's equipment contractor.  The ATMS construction contractor will have the right to purchase from the equipment contractor under the terms of the State contract.
  3. In the event that either the construction contractor or the equipment contractor do not fully comply with the terms of the contract, the other party may choose to follow UDOT's typical process: i.e. the equipment vendor will sell the equipment directly to UDOT, and UDOT will provide it to the construction contractor.