Notice of Intent to Award Without Engaging in a Standard Procurement Process - Student Credit Recovery Software

Granite School District intends to award a sole-source contract to Imagine Learning for the procurement of EdgeEX, a student credit recovery software solution, under Utah Code Part 63G-6a Part 8 and Utah Administrative Code R33-108, citing impracticality in conducting a standard procurement process due to timing constraints that prevented issuing a Request for Proposals prior to the start of the school year. The anticipated expenditure for this one-year contract is $476,070, with purchase order authorization required before any services begin or invoices are submitted. The contract includes comprehensive terms governing delivery, performance, inspection, and acceptance, requiring that all software be free of malware, conform to stated specifications, and be delivered electronically or via F.O.B. destination with transportation costs borne by the vendor. Acceptance is contingent on a thirty-day review period following delivery, during which the District may identify defects requiring correction within fourteen days; failure to cure defects may result in contract termination or replacement at no additional cost. The District retains ownership of all custom deliverables and data, and the contractor must comply with Utah’s Government Records Access and Management Act, data privacy requirements under the Utah Student Data Privacy Agreement, and strict conflict of interest and ethics statutes. Payment terms mandate that invoices include correct contract and purchase order numbers, exclude tax due to the District’s tax-exempt status, and be processed within thirty days of receipt; overdue payments may incur interest at the IRS refund rate plus two percent. The contractor is obligated to maintain workers' compensation, commercial automobile liability with a $1 million limit, and professional liability coverage as required, provide proof of insurance within thirty days of award, and ensure no subcontracting occurs without prior District approval. All records must be retained for six years post-final payment and made accessible to auditors at no cost. The contractor must also certify compliance with federal and state debarment regulations, anti-lobbying requirements under the Byrd Amendment, and non-discrimination laws including Title VI and VII, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. Any vendor challenging the sole-source determination must submit a detailed challenge via email to David Bundy by the deadline, including proof of competitive capability, equivalent product availability, and, if applicable, a cost comparison of transitional expenses. The contract contains no automatic renewals, and all terms supersede any conflicting vendor terms, with Utah law governing jurisdiction and venue in Salt Lake City.