COMPETITION-IMPRACTICABLE-JUSTIFICATION-FORM-PDF (002).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 $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 | 301 W Jefferson Street Suite 700 | 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# PROPOSED CONTRACT VENDOR NEED IDENTIFIED Date: REQUESTED DELIVERY Date: QUOTED PRICE: Accounting String: Company: Address: City, State: Zip/Postal Code: Phone: 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) Mailing lists, subscriptions or media advertising Warranty voided if service provided by other contract vendor Other (Provide written explanation below) Software license renewals, additions, or upgrades available from only one source Brand compatibility available from only one source (no other distributors) Other proprietary situation Parks & Recreation D730 vc*4052 EPS Group Inc. 2043 S Vineyard Avenue, Suite 101 480-503-2258 480-503-2250 85219 Mesa, AZ Laura Castillo Post Design/Construction Admin Service -- VM Phase II and III construction $600,000.00 445 4733 VMTN 8121 12 SEARCH A search was conducted consisting of: (check all that apply) Market research Public notice given, list Other vendors contacted Other RESULTS no alternatives were identified no alternatives were deemed acceptable because (explain below): Describe the search from above in detail: 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 previous comparable purchases from a different vendor Independent estimate Comparison to public sector contract pricing Discount off published catalog pricing Market survey Other, explain: Describe methodology and results (attach any written supporting data, e.g., survey or market analysis): THIS IS A COMPETITION IMPRACTICABLE PROCUREMENT BECAUSE (attach additional page if needed): Parks requested that EPS Group, Inc. submit a modification proposal for post-design services associated with the Vulture Mountain Recreation Area project. EPS initially began design work on the project under a contract with MCDOT. During the design phase, Parks continued to utilize EPS's services through the MCDOT agreement. The department now requires EPS to provide continued support for P&D permitting efforts, respond to inquiries related to field conditions and contractor submittals, assist with native plant relocation, and participate in bi-weekly construction meetings. To ensure project continuity and successful completion, we are requesting GROUP’s continued involvement to finalize this portion of the work. Their ongoing participation is critical to avoid disruption, maintain project momentum, and ensure that key deliverables and timelines are met. Engaging a new and inexperienced firm to assume these responsibilities at this stage of the project would be both impractical and inefficient. EPS has an in-depth understanding of the project’s history, design intent, site-specific challenges, and stakeholder expectations —knowledge that has been developed over the course of their involvement from the project’s inception. Transitioning these tasks to a new vendor would not only risk miscommunication and misinterpretation of prior design decisions, but would also require significant on-boarding time, resulting in delays and potential inconsistencies in the work. Such a change would undermine the momentum already achieved and introduce unnecessary complexity into the project delivery process. It would also likely result in increased costs due to the time required for the new firm to review project documents, attend additional meetings, and familiarize themselves with the existing design and field conditions. More importantly, this approach does not serve the public’s best interest, as it compromises efficiency, consistency, and the timely delivery of critical project milestones. For these reasons, it is in Maricopa County's best interest—and in the interest of the project’s overall success—for EPS to continue providing post-design support services through to project completion. Their sustained involvement will ensure continuity, preserve institutional knowledge, and help safeguard against delays, rework, and misaligned outcomes. No competitive search or solicitation process was conducted for this request because EPS has served as the Engineer of Record since the project's inception. EPS was originally selected through a formal procurement process and has provided comprehensive design and engineering services under contract with MCDOT. Their deep familiarity with the project’s scope, site conditions, regulatory context, and stakeholder requirements makes them uniquely qualified to perform the post-design services required for successful project completion. Conducting a new search at this stage would not be a prudent or cost-effective use of public resources. Bringing in a new firm would introduce significant risk due to the steep learning curve and lack of project-specific knowledge. This could result in extended on-boarding time, misalignment with existing design intent, and potential errors or inconsistencies in construction support—ultimately jeopardizing project timelines and increasing overall costs. No market survey or additional vendor outreach was deemed necessary, as EPS's unique qualifications, role as Engineer of Record, and prior selection through competitive means support a justified continuation without further procurement. 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) Printed Name Signature Date Office of Procurement Services The CPO can approve procurements up to $100,000. If this request is over $100,000 it must be submitted as an agenda item to the Board of Supervisors for consideration. Approved/Recommended for Approval Printed Name Signature Date Office of Enterprise Technology (If this procurement is classified as a technology procurement it 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: Printed Name Signature Date Save Jennifer Waller Jennifer Waller Digitally signed by Jennifer Waller Date: 2025.07.31 12:31:07 -07'00' SIGN SIGN Email Save