COMPETITION-IMPRACTICABLE-JUSTIFICATION-FORM-TT0651_91STAVE_-PDF.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 | 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 DESCRIPTION OF GOODS OR SERVICES REQUIRED: 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 Transportation / TSM Division 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) Other proprietary situation Brand compatibility available from only one source (no other distributors) Software license renewals, additions, or upgrades available from only one source Contact Name: Ahmad Omais Fax: Phone: (602) 906-1328 Zip/Postal Code: 85020 City, State: Phoenix, AZ Address: 7740 N 16th Street, Suite 300 Company: Kimley-Horn and Associates, Inc. NEED IDENTIFIED Date: Apr 29, 2020 REQUESTED DELIVERY Date: May 5, 2020 QUOTED PRICE: 626,881.21 The estimated cost of this Procurement is: ≤ $100k > $100k Is this a Technology Procurement? Yes No Professional engineering services for design and post-design services of TT0651 MC 85 95th Avenue to 87th Avenue, including plans updates to reflect changed conditions and post-design services. Accounting String: SEARCH A search was conducted consisting of: (check all that apply) RESULTS 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: Describe methodology and results (attach any written supporting data, e.g., survey or market analysis): The alternative would be to use a different design consultant, which would be unacceptable because of unfamiliarity with with the project, including current construction coordination, utility, developer, and Bureau of Reclamation issues. Kimley-Horn has the history and detailed background to complete this design and provide post-design services. Kimley-Horn provided a scope and fee that is consistent with their approved contract rates and acceptable engineering practice for this type of work. Market research Other vendors contacted Public notice given, list Other no alternatives were identified no alternatives were deemed acceptable because (explain below): 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: THIS IS A COMPETITION IMPRACTICABLE PROCUREMENT BECAUSE (attach additional page if needed): Kimley-Horn has the familiarity regarding the project history and reasoning of all of the design issues and utility coordination issues, to finish the project, and knowledge of the project design decisions and understanding of each developer's needs and issues. They have been the designer for the project over the last 5 years and have been supporting the project which entered construction in 2018. The TT0345 (MC 85: 95th Ave to 75th Ave) project could not complete due to Bureau of Reclamation issues near 91st Avenue and is therefore updating design to reflect what was built and update utility information to reflect relocated utility locations. It is in the best interest of MCDOT to utilize Kimley-Horn to complete the MC 85 95th Ave to 87th Ave design and post-design tasks for consistency and efficiency. Utilizing a different design consultant at this stage of MC 85 design would be contrary to the public interest. 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) Office of Procurement Services Date Apr 29, 2020 Signature Printed Name Jennifer Toth Save Email Recommended to BOS for approval. Date 4/30/2020 Signature Printed Name Kevin Tyne 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. Digitally signed by jennifer.toth@maricopa.gov DN: CN=jennifer.toth@maricopa.gov Reason: I am approving this document Location: Date: 2020-04-29 14:21:03 jennifer.toth@maricopa. gov Digitally signed by Kevin Tyne DN: cn=Kevin Tyne, o=Maricopa County, ou=Office of Procurement Services, email=kevin.tyne@maricopa.gov, c=US Date: 2020.04.30 08:39:22 -07'00'