Utah Telecommunications Open Infrastructure…

           Utah Telecommunications
           Open Infrastructure Agency




Invitation to submit sealed bids for Mobile Sales/Marketing
                           Coach
                  RFB-2009MSMC-01

                        August 26, 2008
The Utah Telecommunications Open Infrastructure Agency (UTOPIA) invites sealed
bids from manufacturers, agents, wholesalers, or other suppliers of fiber optic test
equipment capable of satisfying the specifications contained in this solicitation. The
attached Invitation to Bid provides the minimum specifications that the winning bidder's
product must satisfy.

ALL BIDS MUST BE RECEIVED BY 4:00 P.M. MOUNTAIN DAYLIGHT TIME
ON SEPTEMBER 4, 2008 IN THE UTOPIA EXECUTIVE OFFICES AT
2175 S REDWOOD RD, WEST VALLEY CITY, UT 84119-7205. LATE BIDS
WILL BE RETURNED, UNOPENED, TO THE SENDER.

Given the specificity of the requirements and the general availability of fiber optic test
equipment, we have determined under the provisions of Section 1.10.340 of the UTOPIA
Procurement Policy (http://www.utopianet.org/overview/policy_procurement.doc) that the
competitive sealed bidding procedure outlined in section 1.10.070 of the Policy is the
appropriate method for selecting a supplier of these units.

By emailing notice of this procurement to companies that are known suppliers of this
equipment and by posting an announcement about the solicitation on the UTOPIA
website, we are giving public notice of our intent to procure the specified products.

Todd Marriott
Chief Operating Officer
UTOPIA
SECTION 1: GENERAL INFORMATION
The Utah Telecommunications Open Infrastructure Agency (UTOPIA) is a consortium of
14 municipalities within the State of Utah organized under an Interlocal Cooperative
Agreement and functioning as a political subdivision of the State of Utah. UTOPIA is
building an open-access fiber optic network that will provide wholesale transport for
service providers who, in turn, market their services to UTOPIA communities' residents
and businesses.

Deployment of the network will be at the level of carrier class reliability. Connectivity of
the fiber optic cables from the Neighborhood Distribution Cabinets to the customer
premises requires testing and evaluation of fiber installation.

Responses to this Request for Bid will be unconditionally accepted without alteration or
correction, except as authorized in the Procurement Policy.

Bids will be evaluated based on the requirements set forth in this Request for Bid.

SECTION 2: SPECIFICATIONS

2.1     General
Sales and marketing of the UTOPIA network has advanced to a point where UTOPIA
needs to take the marketing of the capability offered out to the public to raise awareness
of the network. To accomplish this task, UTOPIA desires to develop a mobile
sales/marketing coach that will enable citizens in the member cities to get a hands-on feel
for the network and devices that could be employed in their homes and businesses.

2.2    Mobile Sales/Marketing Coach
Product offered to fill the role for the mobile sales and marketing coach shall meet or
exceed the following requirements:




UTOPIA RFB-2009MSMC-01                                                                Page 1
2.2.1    Gasoline powered with 70 gallon fuel capacity
2.2.2    GVWR not to exceed 22,000 lbs
2.2.3    Overall Length 37 ft
2.2.4    Interior Width 8 ft
2.2.5    Interior Height 80 inches
2.2.6    Aluminum frame construction with fiberglass sidewalls and roof
2.2.7    Exterior finish shall be neutral colored Gelcoat finish for application of marketing
wrap
2.2.8    Under floor truss system rated at 250 lbs/ft static load
2.2.9    Ducted floor heating system rated at 35,000 BTU
2.2.10   Roof mounted air conditioning system rated at 27,000 BTU
2.2.11   Rear ladder for roof access
2.2.12   Two Onan 7 KW auxiliary gasoline generators or equivalent
2.2.13   Power transfer switch to select between generator and umbilical cord power
2.2.14   50A 120V AC power distribution panel
2.2.15   Electrical branch circuits shall be rated at 15A
2.2.16   All outlets shall be GFI protected
2.2.17   Three functional compartments ­ driver/passenger, middle, and rear
2.2.18 24" countertop along roadside wall of rear compartment over integrated floor
cabinets
2.2.19   At least one 18-24 inch wide cabinet with countertop in middle compartment
2.2.20   Curbside entrance door located in middle compartment behind passenger seat
2.2.21   Curbside exit door located in aft end of rear compartment
2.2.22   Driver/passenger reclining swivel bucket seats
2.2.23   Linoleum floor covering in middle and rear compartment
2.2.24   Rear vision camera with monitor and audio
2.2.25   Automatic hydraulic leveling jacks
2.2.26   4.3 cu ft under counter refrigerator in middle compartment
2.2.27   Carbon monoxide detector
2.2.28   Smoke detector alarm
2.2.29   At least one ABC rated fire extinguisher




UTOPIA RFB-2009MSMC-01                                                                Page 2
2.3     Training Support
UTOPIA personnel will operate and maintain the equipment procured through this
solicitation. UTOPIA staff needs a complete understanding of how the equipment
operates and operator level maintenance procedures. Adequate user documentation shall
come with the unit.

2.4     Maintenance and Spares Support
Products offered to fill the requirements of this solicitation shall propose maintenance
and spares support offered to maintain the equipment in a fully functional status.
Proposal should include items respondent has identified that will require fair wear and
tear replacement throughout the life cycle of the equipment.

Proposal shall identify a Salt Lake City, UT area based facility that can perform
intermediate maintenance and repairs on the coach.




SECTION 3: ORDER AND DELIVERY
Within ten business days of selecting the successful bidder, UTOPIA will issue a
purchase order for one mobile sales/marketing coach.

Vendor shall identify the standard lead time for availability of equipment. All orders
shall be based on the specified lead time but not to exceed 45 calendar days of the date of
issuing the purchase order.

SECTION 4: BID RESPONSES
Companies interested in providing the product specified in this solicitation must submit
one paper and one electronic copy on CDR using MS Word, MS Excel, MS Powerpoint,
and/or Adobe Acrobat: 1) a Letter of Transmittal signed by the person(s) authorized to
bind the submitter, 2) a pricing proposal, and 3) a copy of the detailed specification sheets
applicable to the proposed product in a sealed package showing the following information
on the outside:

       Respondent's Name, Contact, Phone number, and Email address
       UTOPIA RFB-2009MSV-01
       Bid due: September 4, 2008

       c/o Eric Williams
       UTOPIA
       2175 S Redwood Road
       West Valley City, UT 84118
       (801) 990-5450


UTOPIA RFB-2009MSMC-01                                                                 Page 3
Proposals must be received prior to 4:00 P.M. Mountain Daylight Time on September
4, 2008. Respondents must allow sufficient delivery time to ensure receipt of their
proposal by the time specified. Late submissions will be returned unopened.

SECTION 5: BID EVALUATION
The selection of the winning bid will be based on a determination 1) that the offered
product(s) satisfy UTOPIA's feature and performance specifications as given; 2) that the
offeror has the ability to deliver the product(s) within the specified time; and 3) that the
selection will give UTOPIA the best overall value. All other factors being substantially
equal, the lowest offered price will decide the winner(s).

SECTION 6: TERMS AND CONDITIONS
UTOPIA's standard purchase order terms and conditions include:
1. AUTHORITY: Provisions of this Purchase Order are pursuant to the authority set forth in UTOPIA's
Procurement Policy, and Utah Code Annotated 1953, as amended, as applicable. Any and all supplies,
services and equipment furnished will comply fully with all applicable federal, state and local laws and
regulations.
2. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this
Purchase Order shall be governed by the laws of the State of Utah. The parties will submit to the
jurisdiction of the courts of the State of Utah for any dispute arising out of this Purchase Order or the
breach thereof. Venue shall be in Salt Lake County, in the Third Judicial District Court if in state court or
the United States District Court of Utah if in federal court.
3. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers
or employees of UTOPIA, unless disclosure has been made in writing to UTOPIA. Further, Contractor
certifies that it has not offered or given any gift or compensation prohibited by UTOPIA's Procurement
Policy to secure favorable treatment with respect to being awarded this Purchase Order.
4. INDEPENDENT CONTRACTOR: Contractor shall be an independent contractor, and as such shall
have no authorization, express or implied, to bind UTOPIA to any agreements, settlements, liability or
understanding whatsoever, and agrees not to perform any acts as agent for UTOPIA, except as expressly set
forth herein.
5. INDEMNITY: Contractor agrees to indemnify, save harmless and release UTOPIA, and its member
cities, including all officers, agents, employees, volunteers, insurers and contractors of the same, from and
against any and all loss, damages, injury, liability, suits and proceedings arising out of the performance of
this contract by the Contractor, its officers, agents, volunteers, employees or subcontractors.
6. EQUAL OPPORTUNITY CLAUSE: Contractor agrees to abide by the provisions of the Utah Anti-
discrimination Act, Title 34 Chapter 35, U.C.A., 1953, as amended, and Title VI and Title VII of the Civil
Rights Act of 1964 (42 USC 2000e), which prohibit discrimination against any employee or applicant for
employment, or any applicant or recipient of services, on the basis of race, religion, color or national origin
and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on
the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age, and Section 504 of the
Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990 which prohibits discrimination
on the basis of disabilities. Also, Contractor agrees to abide by Utah's Executive Order, dated March 17,
1993 which prohibits sexual harassment in the workplace. Contractor must include this provision in every
subcontract or purchase order relating to purchases by the State of Utah to insure that the subcontractors
and vendors are bound by this provision.
7. DEBARMENT: The Contractor certifies that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction (contract) by any governmental department or agency. If the Contractor cannot certify this
statement, attach a written explanation for review by UTOPIA.
8. CANCELLATION OR REVISION: This Purchase Order may be changed, revised or canceled only
by UTOPIA giving written notice to the Contractor.


UTOPIA RFB-2009MSMC-01                                                                                Page 4
9. SALES TAX EXEMPTION. UTOPIA's sales and use tax exemption number is Z67617. The tangible
personal property or services being purchased are being paid from UTOPIA funds and used in the exercise
of UTOPIA's essential functions. If the items being purchased are construction materials, they will be
converted into real property by UTOPIA employees, unless sales tax is included as a separate line item on
this purchase order.
10. WARRANTY: The Contractor agrees to warrant and assume responsibility for all products (including
hardware, firmware, and/or software products) that it licenses, contracts, or sells to UTOPIA under this
contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in this
contract. The Contractor acknowledges that all warranties granted to the buyer by the Uniform
Commercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warranty
disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually
agreed upon elsewhere in this Purchase Order. In general, the Contractor warrants that: (1) the product will
do what the salesperson said it would do, (2) the product will live up to all specific claims that the
manufacturer makes in their advertisements, (3) the product will be suitable for the ordinary purposes for
which such product is used, (4) the product will be suitable for any special purposes that UTOPIA has
relied on the Contractor's skill or judgment to consider when it advised UTOPIA about the product, (5) the
product has been properly designed and manufactured, and (6) the product is free of significant defects or
unusual problems about which UTOPIA has not been warned. Remedies available to UTOPIA include the
following: the Contractor will repair or replace (at no charge to UTOPIA) the product whose
nonconformance is discovered and made known to the Contractor in writing. If the repaired and/or
replaced product proves to be inadequate, or fails in its essential purpose, the Contractor will refund the full
amount of any payments that have been made. Nothing in this warranty will be construed to limit any
rights or remedies UTOPIA may otherwise have under this contract.
11. PRICING AND INVOICING: Prices to be paid for item(s) ordered are the prices listed on this
Purchase Order, which include all shipping and delivery charges, unless otherwise described on this order.
CONTRACTOR WILL, AFTER DELIVERY, PROMPTLY SUBMIT A CORRECT INVOICE TO
UTOPIA. Contractor agrees that UTOPIA has the right to adjust any invoice that reflects incorrect pricing.
Unless otherwise specified, payment terms shall be Net 30 days. Where prompt payment discounts apply,
the period for computing a discount shall begin on the date a correct invoice, including any adjustment for
damage or incomplete shipment, is received by UTOPIA. Discount will be taken on the total amount of the
invoice.
12. DELIVERY: Orders must be shipped directly to UTOPIA at the address specified. Shipments must be
made in accordance with the item(s) as described and priced on this order. Also, orders must be shipped
F.O.B. Destination, Freight Prepaid, unless other shipping instructions are described in this order.
UNLESS INDICATED OTHERWISE, ALL ORDERS MUST BE SHIPPED PROMPTLY (WITHIN 5
WORKING DAYS), UPON RECEIPT OF ORDER. All items listed on this Purchase Order are subject to
UTOPIA's approval. Items rejected by UTOPIA for not conforming to specifications in this order shall be
at Contractor's risk.
13. PURCHASE ORDER NUMBER: PURCHASE ORDER NUMBER must be clearly shown on
shipping labels, packing slips, invoices and correspondence relating to this purchase.
14. PATENTS, COPYRIGHTS, ETC.: The Contractor shall release, indemnify and hold UTOPIA, and
its member cities, including all officers, agents, employees, volunteers, insurers and contractors of the same
harmless from any liability of any kind or nature, including the Contractor's use of any copyrighted or
uncopyrighted composition, secret process, patented or unpatented invention, other forms of intellectual
property, article or appliance furnished or used in the performance of this Purchase Order.
15. PUBLIC INFORMATION: Contractor agrees that this Purchase Order and any response to related
bids will be public documents, as to distribution of copies, and Contractor gives UTOPIA express
permission to make copies of the Purchase Order, bid response, related sales orders, and invoices in
accordance with the Government Records Access Management Act ("GRAMA"), Title 63, Chapter 2, Utah
Code Annotated 1953, as amended. The permission to make copies as noted will take precedence over any
statements of confidentiality, proprietary information, copyright information, or similar notation.




UTOPIA RFB-2009MSMC-01                                                                                 Page 5