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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 Cl form is valid from July 1 thru June 30th of each Fiscal Year.
DEPARTMENT NAME Maricopa County Attorney's Office DEPARTMENT RX#
PROPOSED CONTRACT VENDOR NeeD ioenTiFeD date: 1 2/01/2021 afPewe
Company: Avertest LLC, dba Averhealth REQUESTED DELIVERY
Address: 2916 W Marshall St, Ste A Date: " eae asic eb
City, State: Richmond, VA auoreo price: $300,000 $685,000
Zip/Postal Code: {23230
Phone: Accounting String:
Fax:
Contact Name: |Jason Herzog, CEO
DESCRIPTION OF GOODS ORSERVICES REQUIRED:
The estimated cost of this Procurement is: | ls $100k W |> $100k
Is this a Technology Procurement? Yes lv No
MCAO requires the drug testing services from a forensic laboratory with local collection sites for
offenders accused of committing a crime(s) who are participating in an MCAO established
diversion program.
COMPETITION IMPRACTICABLE CATEGORY (Check applicable box, attach documentation or provide explanation below.)
Maricopa County Procurement Code MC1-351states: “Competition Impracticable” means an acquisition where, competitionis
impractical because of standa rdization, 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 assessedin Openand competitive solicitation)
+ Department convenience
[_]Seftware license renewals, additions, or upgrades available
from only one source
[_JBrand compatibility available from only one source (no other
distributors)
[_]erant specified (supporting documents attached)
[mailing lists, subscriptions or media advertising
[Warranty voided if service provided by other contract vendor [_Jother proprietary situation
[Jother (Provide written explanation below)
[rary
THIS IS ACOMPETITION IMPRACTICABLE PROCUREMENT BECAUSE (attach additional page if needed):
Averhealth is the current drug testing provider who works in tandem with SAGE Counseling, Inc. for the MCAO
established Felony Diversion Program. Averhealth is the preferred provider to maintain continuity of services
for MCAO diversion participants who are required to drug test. Additionally, Averhealth is the contracted
vendor for the Judicial Branch for similar services. MCAO would like to utilize Averhealth as they already have
an established relationship with Maricopa County and SAGE Counseling in order to maintain continuity of care.
Thus far, participants have had to self pay for drug testing as it is not covered by AHCCCS. Cost is often noted
as a barrier to drug testing compliance. MCAO was recently approved for the American Rescue Plan Act
(ARPA) funds, in which $330,000 is allocated to offset eligible defendant's drug testing fees. Additional funds
will be allocated in future fiscal years. The ARPA funds would be utilized as a funding source for eligible
existing and new participants going forward until the funds are exhausted.
SEARCH
Asearch was conducted consisting of: (check all that apply) RESULTS
[] Market research [public notice given, list [no alternatives were identified
| Other vendors contacted Other Lyre alternatives were deemed acceptable
because (explain below):
Describe the search from above in detail:
Averhealth is the contracted vendor for the Judicial Branch, but offers fewer services than
required to meet the diversion program needs. MCAO would like to utilize Averhealth, as they
already have an established relationship with Maricopa County and SAGE Counseling, Inc. in
order to maintain continuity of services.
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
rocess 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 O Discount off published catalog pricing
from a different vendor [J] Market survey
| Independent estimate Other, explain:
Describe methodology and results {attach any written supporting data, e.g., survey or market analysis):
Averhealth is the contracted vendor for the Judicial Branch, but offers fewer services than
required to meet the diversion program needs. MCAO would like to utilize Averhealth, as they
already have an established relationship with Maricopa County and SAGE Counseling, Inc. in
order to maintain continuity of services. The vendor's pricing list of services was compared to
the Judicial Branch contract number 190161-RFP, and the pricing was comparable.
L
CERTIFICATIONS
| certify:
1) | recognize that the Maricopa County Procurement Code requires the use of competitive solicitations unless
exempted by law. | 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)
Dotaly sored by Caterne Mtn
MT C-US, OWCAO, Criscatherne Marin,
Catherine Martin caerine Martinisr sence 02/16/2022
ste 202202.16 12 2437-0700"
Fout PhartemPDF Verson 10.16
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.
Recommended to BOS for approval.
Kevin Tyne, Director OPS Youn Ly bagrorozeresrer” (19/16/2022
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
Ceauipment or service, and is considered to be a competition impracticable procurement.
not Approved. Reasoning:
Printed Name Signature Date
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