September 20, 2024: Construction Updates for Timpview High and Wasatch Elementary
September 11th, 2024
During the September 20, 2024 School Board Study Session, the board received detailed reports on...
MAY 20, 2019 2:00 PM MDT
Purchasing Department
Provo City School District
280 W 940 N
Provo, UT 84088-4601
Provo City School District (PSD) is seeking proposals from qualified firms to act as bond counsel for the PSD Board of Education for the issuance of General Obligation Bonds pending a November 2019, bond election. This RFP is designed to provide interested proposers with sufficient basic information to submit proposals meeting minimum requirements, but is not intended to limit a proposal’s content or exclude any relevant or essential data. Proposers are at liberty and are encouraged to expand upon the specifications to evidence service capability under any agreement.
Provo City School District was established in 1898 and provides elementary and secondary (K-12) education for approximately 16,000 students. The District is located in Utah County and serves the students in the city of Provo. The District currently operates three high schools, two middle schools and 13 elementary schools, along with an online K-12 school. Provo does not have a lot of available land for building homes, so any growth in the District schools is minimum.
The PSD Purchasing Department is the issuing office for this document and all subsequent addenda relating to it, on behalf of the Board of Education. The reference number for the transaction is Solicitation #1520-430. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.
By submitting a proposal in response to this RFP, proposer is acknowledging that the requirements, scope of work, and the evaluation process, outlined in the RFP are fair, equitable, not unduly restrictive, understood and agreed to. Any exceptions to the content of the RFP must be protested to the Chief Procurement Officer prior to the closing date and time for submission of the proposal.
Proposal responses must be received by the Chief Procurement Officer, Tina Fluehe, at 280 W 940 N Provo, UT 84604 by May 20, 2019 at 2:00 PM MDT. Proposals received after the deadline will be late and ineligible for consideration.
The preferred method of submitting a proposal is sealed and delivered and three (5) hard copies for the evaluation committee. Proposals received after the deadline will be late and ineligible for consideration. Faxed or emailed statements are not acceptable forms of submission and will not be considered as a valid response from a proposer.
Cost will be evaluated independent from the technical proposal, and as such, is to be submitted separate from the technical proposal. Failure to submit cost separately may result in your proposal being determined non-responsive. Inclusion of any cost or pricing data within the technical proposal may also result in your proposal being determined non-responsive.
It is anticipated that the following schedule will be followed:
The term of the agreement will be a period of five (5) years beginning approximately June, 2019, and may be renewed annually for four, one-year consecutive terms upon agreement between the District and the successful law firm. Provo City School District reserves the right to terminate this agreement with sixty (60) days written notice.
All pricing must be guaranteed for the entire term of the contract. Following the guarantee period, any request for price adjustment must be for an equal guarantee period, and must be made at least 30 days prior to the effective date.
Any contract resulting from this RFP will include but not be limited to the PSD’s Standard Terms and Conditions (see attached). Exceptions and or additions to the PSD Standard Terms and Conditions are strongly discouraged. Exceptions and additions to the Standard Terms and Conditions must be submitted with the proposal response. Exceptions, additions, service level agreements, etc. submitted after the date and time for receipt of proposals will not be considered. Website URLs or information on website URLs must not be requested in the RFP document and must not be submitted with a proposal. URLs provided with a proposal may result in that proposal being rejected as non-responsive. URLs are also prohibited from any language included in the final contract document. PSD retains the right to refuse to negotiate on exceptions should the exceptions be excessive, not be in the best interest of the District, result in excessive costs to the District, or could adversely impact existing time constraints.
In a multiple award, PSD reserves the right to negotiate exceptions to terms and conditions based on the firm with the least to the most exceptions taken. Contracts may become effective as negotiations are completed.
All questions, interpretations, or clarifications regarding this solicitation shall be submitted through email to Stefb@provo.edu and are subject to the deadline for submitting questions before May 16, 2019 at 4:00 PM. If any proposer detects any discrepancy, conflict, omission, or other error in these documents, they shall notify the District by email Stefb@provo.edu in writing to request clarification or modification of the RFP documents. Clarifications, interpretations, and answers will be posted to the RPF and are considered addenda to the original request.
Any addenda submitted prior to the submittal deadline shall become part of this RFP and any information required shall be included in your submission. No other than Provo City School District employee, Board Member, or evaluation committee member should be contacted concerning this RFP during the selection process. Failure to comply with this requirement may result in disqualification.
An oral presentation by a proposer to clarify a proposal may be required at the sole discretion of PSD. However, PSD may award a contract based on the initial proposals received without discussion with the proposer. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the proposer’s expense.
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:
To protect information under a Claim of Business Confidentiality, the proposer must:
A Claim of Business Confidentiality may be appropriate for information such as client lists and non-public financial statements. Pricing and service elements may not be protected.
An entire proposal cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY” and may be considered non-responsive if marked as such.
To ensure the information is protected, you must include all protected information in Tab E – Protected Information of the proposal response. Any protected information incorporated in other sections of the proposal response may result in release of data at no fault of the District.
All materials submitted become the property of PSD. Materials may be evaluated by anyone designated by PSD as part of the proposal evaluation committee. Materials submitted may be returned only at PSD’s option.
TAB A: RFP Form
TAB B: Firm Profile
TAB C: Attorney Qualifications
TAB D: References
TAB E: Protected Information
Cost will be evaluated independently from the technical proposal. Please enumerate all costs on the attached Cost Proposal Form (Schedule B) and provide only one (1) copy in a separate envelope from the technical portion of the proposal.
The District, through its Business Administrator, will negotiate with the selected firm at the commencement of a particular financing project to determine a reasonable fee for bond counsel work for that project. This fee arrangement may be revised (up or down) by mutual agreement during the course of the transaction to reflect unanticipated changes in the originally contemplated work level. The District reserves the right to select other counsel if it cannot come to agreement with the selected firm as to a reasonable fee for a particular bond financing project. All prices and fees must be in U.S. dollars.
Inclusion of any cost or pricing data within the technical proposal may result in your proposal being judged as non-responsive.
A committee will evaluate proposals against the following weighted criteria. Each area of the evaluation criteria must be addressed in detail in the proposal.
All proposals in response to this RFP will be evaluated in a manner consistent with the Utah Procurement Code and Rules, Provo City School District policy and the evaluation criteria established in this RFP. PSD reserves the right to reject any or all submittals, or to waive any formality or technicality in any submittal, in the best interests of Provo City School District.
Award shall be made to the proposer(s) whose proposal is the most advantageous to the District, taking into consideration price and the other evaluation factors set forth in this request for proposal. PSD reserves the right to award the contract to a technically qualified lower cost proposer(s) in the event the high scoring offer is determined to not be the best value offered to the District, based on a cost benefit analysis. While it is the intent of Provo City School District to proceed with this appointment, this solicitation does not obligate Provo City School District to enter into a contract.
Update May 23, 2019: Bond counsel services awarded to Gilmore Bell
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