O' GRADY COMPETITION-IMPRACTICABLE MELENDRES SIGNED BY TOM AND KEVIN.PDF

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 $5,000. 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#
County Attorney
PROPOSED CONTRACT VENDOR NEED IDENTIFIED Date:
Company: Osborn Maledon PA REQUESTED DELIVERY
Address: 2929 N Central Avenue, Suite 2100 Date:
City, State: Phoenix, AZ QUOTED PRICE:
Zip/Postal Code: 85012-2765
Phone: Accounting String:
Fax:
Contact Name: Mary R. O'Grady
DESCRIPTION OF GOODS OR SERVICES REQUIRED:
The estimated cost of this Procurement is: ≤ $100k > $100k
Is this a Technology Procurement? Yes No
To represent the Maricopa County Sheriff Paul Penzone in Melendres v. Penzone, 07-CV-02513
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
Software license renewals, additions, or upgrades available
Grant specified (supporting documents attached)
from only one source
Brand compatibility available from only one source (no other
Mailing lists, subscriptions or media advertising
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):
The Sheriff has arrived at a unique juncture in the compliance process in Melendres, he has requested
Ms. O'Grady's appointment to assist him. Ms. O’Grady brings significant experience in negotiating
and litigating complex issues in federal court, as well as “fresh eyes” on the process set in place by the
Court’s monitor.
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:
The Maricopa County Sheriff requires representation related to the compliance order issued in
Melendres matter. A search of local attorneys both on Maricopa County contract and counsel not on
contract was done and a number of those who may have been able to assist are conflicted out of this
case. Ms. O'Grady and her firm have a great deal of experience in Federal District Court, as well as in
appellate and administrative proceedings, all of which will be beneficial in representing the Sheriff in
the compliance phase of this case.
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):
Ms. O'Grady, as the senior attorney handling the case, agreed to bill at a reduced hourly rate of $425/
hour; her partner that will be assisting will bill at a reduced rate of $370/hour; and any associate that
may assist will be billed at no more than $300. Any paralegal services will be billed at no more than
$200/hr. This is a significant discount on the normal rates charged by her firm and is consistent with
contracts she has with other government agencies. Also, these rates are in line with, or just slightly
higher, than the current contract rate for outside counsel services.

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)
Thomas P. Liddy Thomas Liddy Digitally DN: Services cn=Thomas Division, signed by Liddy, email=liddyt@mcao.maricopa.gov, Thomas o=Maricopa Liddy County Attorney, c=US ou=Civil
Date: 2020.08.06 09:15:05 -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.
Kevin Tyne, Director OPS Digitally DN: Procurement cn=Kevin signed Services, Tyne, by Kevin o=Maricopa email=kevin.tyne@maricopa.gov, Tyne County, ou=Office of c=US August 11, 2020
Date: 2020.08.11 09:53:48 -07'00'
Printed Name Signature Date
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