COMPETITION-IMPRACTICABLE-JUSTIFICATION-FORM-PDF 04_2021 INTOX 9000 SIGNED 7-16.PDF

Maricopa County — Formal (2021-08-04)

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Office of Procurement Services
GOODS AND SERVICES
COMPETITION IMPRACTICABLE FORM
This form is to be used when a department believes an acquisition is considered Competition Impracticable and the acquisition
dollar amount is above $10,000. The Chief Procurement Officer can approve purchases up to $100,000. Board of Supervisors
approval is required if the acquisition is over $100,000. This form must be submitted for approval to: Office of Procurement
Services | 160 S 4th Ave | Phoenix, AZ 85003. Fax number: 602.506.6766. The signed form must be retained in the purchasing
file. Unless approved by the Board of Supervisors in a formal agenda item or the Chief Procurement Officer in a formal Contract
a CI form is valid from July 1 thru June 30th of each Fiscal Year.
DEPARTMENT NAME DEPARTMENT RX#
Sheriff-Lake Patrol
PROPOSED CONTRACT VENDOR NEED IDENTIFIED Date: 04/20/2021
Company: CMI Intoxilyzer Instruments, Accessories and Calibration Service REQUESTED DELIVERY
Address: 316 E. 9th Street Date: 07/01/2021
City, State: Owensboro, KY QUOTED PRICE: $105,433.06
Zip/Postal Code: 42303
Phone: 877-783-0028 Accounting String:
Fax:
Contact Name:
DESCRIPTION OF GOODS OR SERVICES REQUIRED:
The estimated cost of this Procurement is: ≤ $100k > $100k
Is this a Technology Procurement? Yes No
COMPETITION IMPRACTICABLE CATEGORY (Check applicable box, attach documentation or provide explanation below.)
Maricopa County Procurement Code MC1-351 states: “Competition Impracticable” means an acquisition where, competition is
impractical because of standardization, warranty, or other factors as approved by the Board of Supervisors.
NOTE: The following are unlikely to be sufficient Competition Impracticable justifications:
• Personal or department preference for a product or vendor
• Department perception that the vendor is the best qualified (this should be determined through a competitive process)
• Lack of department planning resulting in limited time to conduct a competitive procurement
• Special incentive or deal offered (can be assessed in open and competitive solicitation)
• Department convenience
Grant specified (supporting documents attached) Software license renewals, additions, or upgrades available
from only one source
Mailing lists, subscriptions or media advertising Brand compatibility available from only one source (no other
distributors)
Warranty voided if service provided by other contract vendor Other proprietary situation
Other (Provide written explanation below)

THIS IS A COMPETITION IMPRACTICABLE PROCUREMENT BECAUSE (attach additional page if needed):
Intoxilizer instruments are the accepted device used in litigation regarding the arrest, and prosecution of DUI offenses in Arizona. CMI, Inc,
is the sole manufacturer and distributor for Intoxilizer 9000 breath alcohol testing instruments, accessories, and spare replacement parts for
law enforcement.
The AZ DPS is waiting for MCSO to obtain this device to begin training MCSO on its use. AZ Administrative Code (R13-10-103E) governed
by DPS, outlines devices that are approved by the Director for evidentiary use in prosecution of alcohol DUI offenses. This device will be
the the new standard used in DUI prosecutions, replacing the aging Intoxilizer 8000, currently in use and being phazed out.
GOHS provided MCSO Prop 207 grant funding specifically earmarked for the purchase of and upgrade to the Intoxilizer 9000 devices for
use in alcohol DUI detection and prosecution.
$5,000 has been added to the request to cover the cost of required supplies purchased throughout the year. These items are not covered
by the grant and will be purchased from the general fund.
SEARCH
A search was conducted consisting of: (check all that apply) RESULTS
Market research Public notice given, list no alternatives were identified
Other vendors contacted Other no alternatives were deemed acceptable
because (explain below):
Describe the search from above in detail:
Our research shows there are no other vendors, and a letter from the manufacturer confirms that there are
no other outlets to obtain this proprietary device.
The AZ DPS is waiting for MCSO to obtain this device to begin training MCSO on its use. AZ Administrative
Code (R13-10-103E) governed by DPS, outlines devices that are approved by the Director for evidentiary
use in prosecution of alcohol DUI offenses. This device will be the the new standard used in DUI
prosecutions, replacing the aging Intoxilizer 8000, currently in use and being phazed out.
GOHS provided MCSO Prop 207 grant funding specifically earmarked for the purchase of and upgrade to
the Intoxilizer 9000 devices for use in alcohol DUI detection and prosecution.
PRICE
MC1-352-B states: The Using Agency requesting a Competition Impracticable Procurement shall provide written evidence
to support a Competition Impracticable determination containing an explanation of why the proposed procurement
process is advantageous to the County; and the scope, duration, and estimated total dollar value of the procurement.
Price has been fairly and reasonably established by: Comparison to public sector contract pricing
Comparison to previous comparable purchases Discount off published catalog pricing
from a different vendor Market survey
Independent estimate Other, explain:
Describe methodology and results (attach any written supporting data, e.g., survey or market analysis):
CMI provided contract price to DPS, and guaranteed this price to our agency.
GOHS provided MCSO Prop 207 grant funding specifically earmarked for the purchase of and
upgrade to the Intoxilizer 9000 devices for use in alcohol DUI detection and prosecution.

CERTIFICATIONS
I certify:
1) I recognize that the Maricopa County Procurement Code requires the use of competitive solicitations unless
exempted by law. I have reviewed the information and materials relevant to this procurement of goods and services,
and am requesting approval of an exception to the competitive process for the reasons described;
2) the price to be paid to the proposed vendor is fair, reasonable, and provides the best value to Maricopa County; and
3) this request for an exception to the competitive solicitation process is not the result of inadequate advance planning
or for purposes of securing the services of a preferred vendor.
Department Head or Department Head Delegate Signature (Required)
Digitally signed by Jim Prindiville
Jim Prindiville Jim Prindiville Date: 2021.07.16 17:16:22 07/16/2021
-07'00'
Printed Name Signature Date
Office of Procurement Services
The CPO can approve procurements up to $100,000. This request is over $100,000 and must be submitted as an agenda
item to the Board of Supervisors for consideration.
Recommended to BOS for approval.
Digitally signed by Kevin Tyne
Kevin Tyne, Director OPS Date: 2021.07.19 08:48:30 07/19/2021
-07'00'
Printed Name Signature Date
Office of Enterprise Technology (This procurement is classified as a technology procurement and must be
forwarded to OET for coordination and/or approval. If this procurement request is not approved by OET, the form will be
returned to the requestor.)
Approved. Recommended purchase is in line with Maricopa County's strategic technology plan or currently installed
equipment or service, and is considered to be a competition impracticable procurement.
Not Approved. Reasoning:
SIGN
Printed Name Signature Date
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