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v MARICOPA COUNTY 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 Cl form is valid from July 1 thru June 30th of each Fiscal Year. DEPARTMENT NAME DEPARTMENT RX# NEED IDENTIFIED Date: 07/44/2023 pcan. AT Maricopa County Sheriff's Office PROPOSED CONTRACT VENDOR Company: Magnet Forensics Address: 2250 Corporate Park Drive, Suite 130 Been? FEN 9/30/2023 a [ UU [ w4 City, State: Hemdon, VA quote price: 28,578.4 +86,81 9.65 Zip/Postal Code: | 20174 Phone: (519) 342-0195 Accounting String: be Fax 5/8/24 Contact Name: | Brent Gromer DESCRIPTION OF GOODS OR SERVICES REQUIRED: _ The estimated cost of this Procurement is: v is $100k > $100k Is this a Technology Procurement? [V Jes No The Cyber Crimes Unit of the Maricopa County Sheriff's Office previously purchased forensic software called Axiom from Magnet Forensics starting back in 2013 which is used in examining computers and smart phones. Additionally, DVR Examiner was purchased by Magnet Forensics, and we started having to renew our DVR Examiner license directly with Magnet starting in 2021. This request is for the annual software license renewals of the eight Magnet dongle licenses we utilize. COMIPETITION IMPRACTICABLE CATEGORY (check applicable box, attach documentation ar provide explanation below.) Maricopa County Procurement Code MC1-351 states: “Competition |mpracticable” 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 Software license renewals, additions, or upgrades available from only one source Brand compatibility available from only one source (no other distributors) [_]srant specified (supporting documents attached) [mailing lists, subscriptions or media advertising [_Marranty voided if service provided by other contract vendor [YPther proprietary situation [_Jother (Provide written explanation below) THISIS A COMPETITION IMPRACTICABLE PROCUREMENT BECAUSE (attach additional page if needed): This previously purchased software was developed and marketed by Magnet Forensics exclusively. Renewals of the software can only be obtained through Magnet Forensics. SEARCH Asearch was conducted consisting of: (check all that apply) RESULTS [_] Market research [J Public notice given, list [Y]no alternatives were identified Cre alternatives were deemed acceptable Other vendors contacted Other O because (explain below): Describe the search from above in detail: Magnet Forensics is the only company that can renew the software licenses that it has sold in the past. 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: Ol Comparison to public sector contract pricing [comparison to previous comparable purchases oO Discount off published catalog pricing from a different vendor Oo Market survey Independent estimate CT] Other, explain: Describe methodology and results (attach any written supporting data, e.g., survey or market analysis): Obtained a quote from Magnet Forensics for the software renewal of the unit's current licenses. Magnet Forensics is the only vendor that can renew these licenses. **05/06/24 Requesting approval of additional funds to purchase 3 additional dongles totaling $27,873.62 and annual renewal of GrayKey license for $58,946.03. 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) Jim Prindiville Jim Prindiville sesetisties" 08/29/2023 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. sfatfeee > Date 4 Approved/Recommended for Approval vA 7, Printed Name , 7 ; A Signature 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 Cequipment or service, and is considered to be a competition impracticable procurement. not Approved. Reasoning: Printed Name Signature Date Email Save