COMPETITION-IMPRACTICABLE-JUSTIFICATION-FORM-PDF SIGNED 10-26.PDF
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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 $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 | 320 W. Lincoln | Phoenix, AZ 85003. Fax number: 602.258.1573. 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# PROPOSED CONTRACT VENDOR NEED IDENTIFIED Date: July 1, 2021 Company: Edmentum REQUESTED DELIVERY Address: P.O. Box 776725 Date: July 1, 2021 City, State: Chicago, IL QUOTED PRICE: 272,470.77 Zip/Postal Code: 60677-6725 Phone: (214) 294-9901 Accounting String: see memo Fax: 1-877-519-9555 Contact Name: Helen Ruiz helen.ruiz@edmentum.com DESCRIPTION OF GOODS OR SERVICES REQUIRED: The estimated cost of this Procurement is: ≤ $100k > $100k Is this a Technology Procurement? Yes No Plato courseware provides academic assessment tools, high school curriculum, vocational curriculum, GED preparation curriculum, and GED pretesting software. This is for 3 years to cover Juvenile Education/GED and Adult Basic Education. 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): Edementum develops, markets, sells and supports a broad portfolio of educational curriculum, assessment, correlation management, and resource products and associated services including Plato courseware. These educational products and services have been proven successful in fostering academic achievement throughout the K-12, higher education, and adult education markets. Edmentum owns or has appropriate rights to license the products marketed by Edmentum. Plato Courseware is generally protected by intellectual property rights which are either owned by Edmentum and/or licensed to third parties. (the "IP Rights). Plato and courseware and the IP Rights shall at all times remain property of Edmentum and/or licensors. Plato courseware is licensed, not sold, and the Licensee's rights of access to and use of these products shall be defined in the applicable Edmentum license agreement. Trade and secrets of Edmentum and its licensors are trade secrets for all purposes, including purposes of the Freedom Information Act. Edmentum is the sole source provider of Plato Courseware in the United States. 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: No other alternative is available to provide the complete package offered by Edmentum. The Education Section has been using Edmentum since 2014. 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): Researched by technology department in 2014 and determined that no other source for this tool exists. Invoice and payment terms per quote: Net 2021: $104,025.44 (all tax paid in first year of renewal) 7/2022: $84,222.67 7/2023: $84,222,67 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) Jim Prindiville Jim Prindiville Digitally signed by Jim Prindiville 10/26/2020 Date: 2020.10.26 13:34:01 -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 signed by Kevin Tyne October 26, 2020 Date: 2020.10.26 15:00:05 -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 Email Save