3.0_MITCHELL STEIN CAREY SIGNED CI.PDF

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 lithe acquisition is over $100,000. This form must be submitted for approval to: Office of 
Procurement Services 1160 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 
MCAO 
DEPARTMENT RX# 
PROPOSED CONTRACT VENDOR 
NEED IDENTIFIED Date: 
REQUESTED DELIVERY 
Date: 
QUOTED PRICE: 
Accounting Siring: 
Company: 
Address: 
City, State: 
211)/ Postal Code: 
Phone: 
Fax: 
Contact Name: 
Mitchell Stein Carey Chapman 
One Renaissance Square, 2 N Central Ave Ste 1450 
Phoenix, AZ 
85004 
Lee Stein, Esq 
DESCRIPTION OF GOODS OR SERVICES REQUIRED: 
The estimated cost of this Procurement Is: 
C . 	
$100k 	
ti: > $ 100k 
Is this a Technology Procurement? 
(- Yes 	
(I. No 
The first CI anticipated a total cost of $100,00 or less and was approved under the Chief Procurement Officer's authority. 
However, the three invoices received by MCAO total $157,688.83. The matter has since concluded and, therefore, no 
additional Invoices are anticipated. 	
Accordingly, this request is for an additional $57,68E1,83. 
To briefly recap, this firm was retained to conduct an Investigation as requested by the Board of Supervisors for the rare 
A.R.S. 11-664 (B) investigation and hearing under an expedited time schedule. 
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 
C Grant specified (supporting documents attached) 
C. Mailing lists, subscriptions or media advertising 
C 
, Warranty voided If service provided by other contract vendor 
C. 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) 
r. Other proprietary situation

THIS IS A COMPETITION IMPRACTICABLE PROCUREMENT BECAUSE (attach additional page if needed): 
of the specialized legal knowledge and experience required to conduct investigation on behalf of the county attorney to 
meet the demand of the Board of Supervisors for the rare ARS. 11-664 (B) under an expedited time schedule. This 
specialized knowledge and skill required to conduct this investigation is only available from the above referenced 
attorney at this time. 
SEARCH 
A search was conducted consisting of: (cheek all that apply) 
RESULTS 
0 Market research 	
n Public notice given, it 
I no alternatives were identified 
LII no alternatives were deemed acceptable 
because (explain below): 
E Other vendors contacted 	
I 	
Other 
Describe the search from above in detail: 
The county attorney was tasked by the BOS to conduct a rare investigation under A.R.S, 11-664 (B) and the county attorney 
weighed the ability, availability and practicability of a number of potential attorneys and firms to assist In that 
investigation. Given the need for specific knowledge and expertise pertaining to such investigations under these 
expedited circumstances, Mr. Stein was the only firm acceptable to the county attorney and that can perform this task 
under the time constraints. 
PRICE 
MCI -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 
ow 
D Comparison to public sector contract pricing 
Discount off published catalog pricing 
Market survey 
Other, explain: 
ill 
' from a different vendor 
D 
111 
0 Independent estimate 
Describe methodology and results (attach any written supporting data ) e.g., survey or market analysis): 
Mr. Stein's rate as a senior attorney with his firm is $620 plus reasonable reimbursable expenses. The firm has agreed to 
discount the rate to $515, the same rate paid for similar services to different government clients. In addition, the firm has 
agreed to have a partner rate at $475 per hour; a senior associate rate at $425 per hour; and a paralegal rate at $125 per 
hour. These are all reduced rates. 
.,

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 	
equired) 
.i //0 AMC t 1 hi 4 	1 4VG/G 	
a.)/e/49,c, 
- 
Pante+ Name 	
r 	 'Signature 	
Date 
Office of Procurement Services 
a 	
Approved. Please send a Requisition to OPS to process. 
0 	
Not Approved. 	
Reasoning: 
geiiN) --59,../z 	
-e--S 	
17 2_aet 
Printed Name 	
Signature 	
Date