NOTICE OF INTENT TO AWARD A CONTRACT WITHOUT ENGAGING IN A STANDARD PROCUREMENT
The Division of Purchasing is publishing this notice pursuant to the Utah Procurement Code. The Conducting Procurement Unit
submitted this form to the Division of Purchasing claiming that it intends to award a contract without competition if it is determined by
the Division of Purchasing, 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.
The Coronavirus Communication Project was put in place through an emergency request for proposal (RFP) process in early March of
2020 to secure a marketing and advertising agency. Penna Powers won the contract through a competitive bidding process to manage
the campaign’s creative strategy, media plan and social media. In addition, Penna Powers has adjusted quickly to the fluidity of this
campaign with additional creative requests, redesigning the website and managing social media responses.
This project was put in place utilizing mandatory statewide contracts for advertising and media relations. The State of Utah
currently has a portfolio of contracts, a bid was conducted to select Penna Powers from amongst the current statewide
contractors. Penna Powers current statewide contract number is AV2435. You may locate Penna Powers contract in our
system by searching it here https://statecontracts.utah.gov/Home/Search
1. Budget at Project Inception - $300,00
2. Total Budget after Addendum # 1 (Adding $700,000 for project through May 24) - $1,000,000
3. Total Budget after Addendum # 2 (Adding $1,000,000 for project from May 25 – August 28, 2020) - $2,000,000
The use of statewide Approved Vendor List contracts are intended to be for short durations for less than one year.
Should the State of Utah need additional time and services beyond the termination date of August 28, 2020. A full RFP will be
conducted wherein vendors on the Approved Vendor List and also not on the Approved Vendor List will be eligible to submit
proposals for consideration.
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
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 the Division of Purchasing 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 the Division of Purchasing during the publication period. No action is required if you
agree with this notice.
If, after the public notice period has passed, the Division of Purchasing determines that there are other interested and qualified vendors
that meet the specifications of this notice, the Division of Purchasing will not award a contract pursuant to this notice.
If, after the public notice period has passed, no valid challenges have been received, then the Division of Purchasing may award a
contract to the identified vendor without competition.
Group 1: Vendor's Submission
If submitting a response to this Notice of Intent to Award a Contract Without Competition the respondent
certifies that it has read all of the documents attached to this notice.
Vendor understands and acknowledges that its response, including all uploaded documents,
will not be considered received by the State of Utah unless the Vendor clicks submit. Even if
Vendor uploads all required documents and responds to all required questions its response
will not be considered if it does not click submit. Offeror acknowledges that after completing
the solicitation it must click on the link in the left hand menu bar labeled “Review & Submit”,
then check the box under the “Certification” heading to certify their bid. Then click the blue
box labeled “Submit Response” in order to submit their bid. Once the response has been
submitted, Vendor will receive a confirmation that the response was successfully submitted.
Vendors who fail to submit their response will not have their response reviewed and will be
ineligible for further consideration under this solicitation.
Is Offeror (owners, principles, partners) a retiree currently receiving benefits through the
Utah Retirement Systems (URS)?
26 May 2020