SIGNED REVISED CI BURGESS LAW GROUP LAKE VS HOBBS 7-29-22.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 | 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# 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 County Attorney County Attorney The Burgess Law Group 07/27/2022 3131 E Camelback Rd, Suite 224 602-806-2104 85016 Phoenix, AZ Emily Craiger Retain the Burgess Law Group to defend Maricopa County against an lawsuit related to the upcoming 2022 elections - Kari Lake and Mark Finchem vs Hobbs, Gates, Sellers, Hickman, Galvin, Gallardo, et al. This CI needs to be updated as the project total cost exceeds $100,000. The previous CI was created on May 16, 2022 in the amount of $50,000 and approved by Office of Procurement Services. 07/27/2022 $200,000 100 470 4719 8100 LAAC 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): The County Attorney needs an experienced attorney in elections matters, specifically with the knowledge and experience pertaining to the various issues raised in litigation over the past two years and who can quickly jump in and assist with defending the members of the Board of Supervisors in an expedited basis. Emily Craiger has the specialized knowledge of the facts, litigants and witnesses and experience in Arizona elections law and to assist. Emily Craiger was selected because of her very unique experience representing the Board of Supervisors, the Recorder and her understanding of the current election issues being brought before the court. Other outside counsel that was identified either does not have the necessary experience and qualifications and it would cost too much in in-house counsel time to educate them on the issues and parties, or those with the experience already have conflicts that would prevent them from assisting in this matter. The rate is very competitive with those of firms on contract. The partner rate is $400/hr and the paralegal rate is $200/hr. This is a substantial reduction from her normal rate at her firm which is normally $615 per hour. 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 Thomas P. Liddy Digitally signed by Thomas P. Liddy DN: OU=civil division, O=MCAO, CN=Thomas P. Liddy, E=liddyt@mcao.maricopa.gov Reason: I am the author of this document Location: your signing location here Date: 2022-05-13 13:39:35 Foxit PhantomPDF Version: 9.7.5 Thomas P. Liddy 07/27/2022 Kevin Tyne, Director, OPS Digitally signed by Kevin Tyne Date: 2022.07.29 14:12:58 -07'00' 07/29/2022 SIGN Email Save