SOLE SOURCE WINSTON & STRAWN OPS EXE 110915.PDF

Office c- Procurement Ser - :ces
GOODS AND SERVICES
SOLE SOURCE FORM
This form is to be used when an agency believes an acquisition is a sole source 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 I 320 W.
Lincoln I Phoenix, AZ 85003. Fax number: 602.258.1573. The signed form must be retained in the purchasing file.
DEPARTHErT NAME DEPART! LENT RXII
County Attorney
Department Contact Contact Phone Number
John Garcia +1(602) 506-3188
PROPOSED CONTRACT VENDOR
NEED IDENTIFIED Date: 10/23/2015
Company: Winston and Strawn, LLP REQUESTED DELIVERY
Address: 35 W. Wacker Drive Date:
City, State: Chicago, IL QUOTED PRICE: 220,000
Zip/Postal Code: 60601-9703
Phone: (312) 558-5600 Accounting String: 100-4704719-LAAC-810-00-VAR
Fax: (312) 558-5700
Contact Name: Dan K. Webb
Material / Service Information
Is this a Technology Procurement? C Yes (4"; No
Specialized outside legal counsel is needed to represent the county in several related
Needs Statement: complex matters Involving litigation with the U. S. Department of Justice and in the
Describe in detail the material or service to be procured and matter of Melendres v. Maricopa County.
how only it meets your needs.
Continuation of the Sole Source issued in FY2012-2013 - Serial 12081-S5 that has been
Features/Requirements: extended through the termination of the civil matters (C-19-12-050-3-04, approved
Identify the major features/capabilities that are required. What 10/8/2014). This sole source adds the Melendres matter retroactively to October 23,
unique design/performance feature(s) make this material or 2015 and increases the expenditure budget through the termination of the civil
vendor the only one that can meet your requirements? Provide matters. The total amount requested is to be added to the cumulative amount since
a brief explanation as to why only these features or this vendor inception and estimated amount needed through termination of the matters. This
can meet your requirements. Identify the manufacturer/model action adds $220,000 to the contract for a not-to-exceed total of $1,647,420. The total
or your existing equipment, service or system if applicable, for all representation under this sole source increased $1,320,000 to $4,253,658.
This is an update of an existing on-going sole source under Serial 12081-55 and various
purchase orders. It would be impractical to investigate other vendors as this firm is well
Competing Brands/Vendors Investigated: established in these legal matters.
Did you consider other materials or vendors with similar
capabilities? Indicate specific competitor's brands/models or
vendors that were investigated and describe why they do not
meet your requirements. You need to state that - to the best of
your knowledge - these are the only companies making this
material, equipment or providing this service. List sales
representatives and their phone numbers so the Procurement
Officer can contact them to verify that other materials,
equipment or services do not meet your requirements.

THIS PROCURMENT IS A SOLE SOURCE BECAUSE (attach additional page if needed):
This firm is needed to continue to represent Maricopa County in the matter of United States of America vs. Maricopa County and the Maricopa County
Sheriff's Office in U. S. District Court for the District of Arizona, CV12-00981-ROS. It is a sole source because they have been providing representation in
this matter since 2012 and it would not be in the best interest of Maricopa County to switch representation. Due to their experience and expertise in this
matter, this firm was engaged on October 23,2015 to represent Maricopa County in Melendres, et at, v. Joseph M. Arpaio, et al.; D.C. No. PHX-
CV-07-02513-GMS.
SEARCH
MC1-349-A states: Any request by a Using Agency that a Procurement be restricted to one potential Contractor shall be accompanied by
an explanation as to why no other would be suitable or acceptable to meet the need. The Using Agency requesting sole source
Procurement shall provide written evidence to support a sole source determination. A requirement for a particular proprietary item does
not alone justify a sole source Procurement if there is more than one potential Respondent for that item.
A search was conducted consisting of (check all that apply) RESULTS
fl Market research ITI Public notice given, list •no alternatives were identified
0 Other vendors contacted 0 Other m no alternatives were deemed acceptable
w because (explain below):
Describe the search from above in detail:
This firm has a sound reputation for the defense of clients against litigation initiated by the Federal Government.
PRICE
The estimated cost of this Procurement is: C' 5_ $100k 6; > $100k
MC1-348 States: The Board of Supervisors may Award a contract for a Commodity or Service without competition by the
Board of Supervisors based on written documentation submitted by the Using Agency that there is only one source for the
required Commodity or Service. Sole source Procurement shall be avoided, except when no reasonable alternative source
exists.
Price has been fairly and reasonably established by: E Comparison to public sector contract pricing
an Comparison to previous comparable purchases LI Discount off published catalog pricing
' from a different vendor E] Market survey
0 Independent estimate Is] Other, explain:
Describe methodology and results (attach any written supporting data, e.g., survey or market analysis):
A blended rate of compensation was negotiated that would cover the cost of attorneys and paralegal staff and was severely discounted from their
normal hourly rate. Dan IC Webb of Winston and Strewn will represent the County at a blended rate of $480.00 per hour for all partner and associate
time.

CONFLICT OF INTEREST STATEMENT
The submitting department agrees that there is no real or potential conflict of interest in recommending this material or
service as a sole source procurement.
NOTE: If a real or potential conflict exists, contact the Procurement Officer listed on your Requisition.
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 sole source 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.
Agency Head or Appointing Authority Signature (Required)
,
William G. Montgomery, County Attorney 7 fi-- , -41--
i ....L.,
Printed Name i • nature 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.
FO I ci)
1,14;41 /////
Printed Name Date
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