1-DH2710 OD SS Sole Source Document .pdf

6 SALT LAKE CITY

SCHOOL DISTRICT

Purchasing

Purchasing Department 995 West Besrdsl€y Place, Salt Lake City, UT 84119

Emai: Purchasingdept@slcschools,org Phone: E0l-974-8366

AWARD OF CONTRACT WITHOUT ENGAGING IN A STANDARI)

PROCT]REMENT PROCESS REQUEST FORM

Provisions for Use

l. Award of a contracvpurchase without engaging in a standard procurement process (bids/quotes) is appropriate if it can be detemdned in writing that:

i. there is only one source for the procurement item;

ii. transitional costs' are a significant consideration in selecting a procurement item;

iii. or the award ofa contract is under circumstances, described in Utah Administrative Code R33-8, that make awarding the contract through a standard procuement process impractical and not in the best interest ofthe procurement unit.

2. An ugent or unexpected ctcumstance, need or requirement for a procurement item does not justi! the award of a contract/purchase without engaging in a standard procuement process.

*"Trunsitional costs'L means the costs ofchanging from an existing provider ofa procurement item to another provider ofthat procurement item; or from an existing type of procurement item to another type; includes training costs; conversion costs;

iompatibility costs; costs associated with system downtime; disruption ofservice costs; staff time necessary to implement the change; installation costs; and ancillary software, hardware, equipment, or construction costs; and dQElIqL include the costs of preparing for or engaging in a procurement process; or contract negotiation or drafting costs.

Authorizations Required BEFORE Making a Purchase

I . For requests exceeding $ I ,000 this form must be completed, approved and signed by the applicable

Princ ipaVAdministrator.

2- Email this completed form along with a copy of the quote from the vendor to the purchasing agent in Purchasing responsible for the needed item

3. Upon notice of approval from Purchasing, a requisition should be entered for the purchase.

Form Instructions

l. Complete each section and provide as much information as possible to fully respond. Please click on the grey helds to insert your information. Use your tab key to advance to the next field. Please complete all helds below.

2. For professional service purchases/contracts - attach the proposed scope of work, contract, or memorandum of undirstanding that has been developed as part ofthis lntent to Award a Contract without Engaging in a Standard

Procurement Process Request Form.

3. For products - attach the quote received from the vendor, so that Purchasing can confirm the quote. Quotes cannot be marked as confidential, as they may be published.

4. Requests missing information will be rejected and retumed to the contact p€rson for completion. Purchasing may seek additional information from the contact person.

This first page will not be publicly posted; howeYer, all subsequent pages may be posted, as is, fol public notic€ and comment. Please be complete in your answers.

Revised l2l20l2016

6 SALT IAKE CITY

SCHOOL DISTRICT

Purchaslng

Purchasing Department 995 West Besrdsley Place, Salt Lake City, UT 84119 Emai: Purchasingdept@slcschools,org Phone:801-974-8366

NOTICE OF IN T TO AWARD A CONT RACT W OUT ENGAGINC TN A STANDARD PROCUREMENT

PROCESS

The Sah Lake City School District (SLCSD) Purchasing Department is publishing this notice pursuant to the Utah Procurement Code. The requesting department submitted this folm to the Purchasing Department claiming that it intends to award a contract without competition if it is determined by the Purchasing Deparrment, in writing, that:

. therc is only one source for the procurement item;

. transitional costs are a significant consideration in selecting a procurement item; or

. the award ofa contract is under circumstances, described in rules adopted by the applicable rulemaking authority, that make awarding the contract through a standard procurement process impractical and not in the b€st interest ofthe

SLCSD.

In the subsequent pages, the requesting department has identified itsjustificatiol for wanting to award a cortract without engaging in standard procurement process.

Determinttion of Other Itrt€rested Vendors

The intent ofthis notice is to determine ifthere are any other int€rested and qualified vendors that meet the specifications ofthis notice. Any such vendors must submit the following information:

o The name ofthe contesting qualified vendor; and

' A detailed explanation, including documentation, showcasing any other competing sources for the procurement item.

In addition, a qualified vendor should includs:

' Documentation that vendor can provide a comparable or better procurem€nt item that meets o. exceeds the specifications;

' Documentation that vendor can also provide the same proprietary procur€ment item or an equivalent procurement item; and

' If tmnsitional costs are identified as the justification for this notice, subm it a cost comparison of the identified transitional costs with vendor's anticipated transitional costs.

Regardless ofany prior communications with SLCSD or the Purchasing Department, all vendors interested in responding to this notice must submit a response to this posting containing complete responses to all ofthe information requested above.

DO NOT CONTACT TIIE CONDUCTING PROCUREMENT UNIT. Any questions regarding this notice, including obtaining additional information, can be obtained through the Purchasing Department durintthe p;blication period. No action is required ifyou agree with rhis Notice.

If. after the public notice period has passed, the Purchasing Depanment determines that there are other interested and qualified vendors that meet the specifications ofthis notice. the Division ofPurchasing will not award a contract pursuant to this notice.

If, after the public notice period has passed, no valid challenges have been received, then the Purchasing Depanment may award a contract to the identified vendor without competition.

Please read the entire form very carefully before responding to this notice.

De enUSchool Contact Information

Item or Service

Vendor lnformation

Com the follotn' if no vendor number exists in BusinessPLUS AS

Teaching & Leaming - Libraries, Information Technology

Contact Person snd Title: Tiffany Hall, Sam Quantz

801.578.84?8Telephone Number:E-mail Address: tiffanv.hall(islcschools.o rg

Does the requestor or anyone at the requesting department/school have any personal, financial. or fiduciary relationship with the proposed vendor? No

OverD.ive is digital content materials that enable public libraries to lend eBooks, digital audiobooks, and other digital content via a device-neutral platform

D€scriptiotr of procuremeot item to be purchrsed:

$9400 annuallyEstimlted vslue of the contrsct/purchrse order:

n/aFreight Cost (F.O.B. Destination, Freight Prepsid):

1. lnsert requelted term of cotrtnct:5 yerrs snd reoewsl optioos: Vr-(The standard contract term is five (5) yean. lfthe requested term will be longer than five yea$, written justification is required )

2. The Departmetrt/School may not make the procurcment until the solicitrtiol procers is completed and a contract is writteD snd signed by ahe Deprrtmetruschool, the vendor, rnd the Purchrllng Deprrtment, Contracta

Purahase Order Il the tofal purchasc will bc greater than S1.000.00 the Department/School mry not mrke the procurement until after the solicit8tion process is complete4 the PO is signed by the Purchasing bepartment, rnd the PO is delivered to both the Deprrtment/School rnd the vendor' n

OverDrive, [ncVendor Name:

Quinn DankoVendor Cootact Person:

qdanko@overdrive.comVendor E-mail Address:

Vendor TelephoBe Number:

One OverDrive Way, Cleveland. OH 44125vendor Ordering Address:

One OverDrive Way, Cleveland, OH 44125Vendor Remittsnce Address:

All i@ms in the above seclion are

Vendor Federal Tax ID# (TlN): (9 Digits):

Click to use the drop-down menu to select the type ofvendor

CHECK THE BOX THAT IDENTIFIES WHY A CONTRACT/PURCHASE ORDER

WITHOUT ENGAGING IN A STANDARD PROCUREMENT PROCESS:

SHOULD BE AWARDED

Complete sectior AThere is only one source for the procurement item

Complete section Btr Transitional costs are a significant consideration in selecting a prccurement item and the results ofa cost-benefit analysis demonstrate that transitional costs are unreasonable or cost-prohibitive, and that the award ofa contract without engaging in a standard procurement process ls ln the best interest ofthe urement untt

Complete section C The award ofa contract is under circumstances' described in Utah Administrative Code

R33-8, that make awarding the contract through a standard procurement process ical and not in the best interest of the procurement unltrmpract

DepartmenUDivision Name:

I

218.573.6886

Type ofVendor:

SECTION A: ONLY ONE SOURCE

t this procurement item to justiry an award of contract without engaging irl a standard procurementWhat is unique abou lierle sulain in detail w available f'rom a sinthe service or uct is onlss'l

OverDrive provides a series ofservices and digital content materials that enable school libraries to lend popular eBooks, digital audiobooks, and other digital content via the library,s website.

Uniquely available only from OverDrive as a sole source provider:

' A customized website service for lending digital materials integratcd with the library's ILS system for real-time patron authentication

I OverDrive Next Generation library platform features that provide instant access to eBooks, including browser-based reading with OvcrDrive Read for ease ofuse with no software installation or device activation requiiedI OverDrive APis, available via the OverDrive Developer Ponal, allow for integration of digital content with library discoYery tools r overDrive Media Station for inlibrary discovery and sampling to showcas€ the digiral collectionr control for the library to set digital book lending policies and manage access and usage ofmaterialst Download eBooks capable ofoperating on portable devices such as Kindles, iPads, Nooks, Windows Mobile. and other Smanphones

' OverDrive Media Console for Windows and MACs, a single integrated desktop client software application for use of download audiobooks r Download audiobooks and music with accessibility features for the brind and visualy impairedr OverDrive MP3 Audiobooks compatible with MAC/OS, ipods and other Apple devices

' Harry Potter eBooks and digital audiobooks in several languages only available from OverDrive (OverDrive has the only access to several major series)

As a result ofthe combination ofthe above referenced items, as well as overDri ve, Inc.,s continued innovation, library market leadership, proven success and secret processes, overDrive, Inc. is the sole vcndor to offer these unique services and sought after materials

2 Could the procurement item be reasonabl y modified to allow for competition?

No

3 Explairt the market research performed di rISt c s u msors toet determ n the be chestbrary pervl o ances determd c couho ld be researched sThi as eth on vmco thal nte oh Fur 11o ett ourvpan grated b softwement are asrary wel as an dstumanag devient ev wh coo at esea htc h vea ll cond cu ed en u re th u estedyo entocurem m anot abreq pr exlan t1sti d stri c o testag rat con act?

Checked with the state procurement system.

f ereth ots nl on sou force h uv rem ne thest esnam fo othproc em, e slml lar oISend taccon ted con act and aPersonmSU ll] of he r

SECTION B: TRANS ITIOn-AL C TS-Ifrou ha1e selected Section B you must also comDlet e Attachment A - Cost Benefit Analvsis for beDescri eth xe m ent hntec o ftwarSO estrng qurp accessoneogy acemen OI servlrep parts ce, ncnu rhude e nal haserc cen dand cat fo hasurc e rh exe st u cnt None - this is an online-only service

Please su the followinI

Procurement method that was used to purchase the existing ment/service? (IFB, RFP, Sole Source a u ):

Bid number, P.O. number. tion number, or sole source number for the exib sting equipmenVservice:

Contract number for the existinc g equipment/service

3 Benefi requiredomC etc hAttac enm Cost Analp as U Ptah urocys enrem Codc 6by -6G a 028 atth dN emon strates tranSI alon scost uate reasonabn e ostc b ti e

T PROCESS IMPRACTICABLESECTION C: STANDARD PROCUR_EMEN

I the contract throuCite the rovides award a standardI Icab IUc eI Ufrom tah Adm nI straI tl Ce R3ode 83 hI at l.

5.

l. hereafter refened to as

2.

Sole Source

J procurement process as impractical and not in the best interest ofthe procurement unit under the circumstances; including any suDDortins documentation.

2 Please supply the following, ifapplicable:

a. Procurement method that was used to purchase the existing equipment? (IFB, RFP, Sole Source):

b. Bid number, P.O. #, Requisition #, or sole source number for the existing equipmenVservices:

c Contract number for the existing equipment/services

Ad ministratorAuthonzed

Recommend Award: Final Approva I by Purchasing Director:

SLCSD Purchasing Agent Date Tyler Barn€s, Asst. Drector cf PurddirE (or designee) Date

Date

SALT LAKE CITY

SCHOOL DISTRlCT Purchasing

Purchasing Department 995 West Beardsley Plsce, Sslt Lake City, UT 84119 Emai: Purchasingdept@slcschools.org Phone:801-974-8366

ATTACHMENT A - COST BENEFIT ANALYSIS

Utah Code Annotated $63G-6a-802 (Utah Procurement Code) anticipates instances where the cost to transilion from a product or services is unreasonable or cost-prohibitive. These costs are referred to as transitional costs by definition.

Transitional costs means the costs ofchanging from an existing provider of a procurement item to anothir provider of that procurement item; or from an existing type of procuremenl item to another t)?e; includes training costs; conversion costs;

compatibility coss; costs associated with system downtime; disruption ofservice costs; stafftimi necessary to implement the change; installation costs; and ancillary software, hardware, equipment, or construction costs; and does not include the costs ofpreparing for or engaging in a procurement process; or conaact negotiation or drafting costs.

Because there are vendors who "could" compete for the product or service (this request is not a sole source) ifnot for the transitional costs, the law requires additional details to support the determination in the form ofa cost benefit analysis. The purpose is to flush out the frgures to support the determination. This form is to be completed for all proposed contracts/purchases where transitional costs (Section B) are cited for not competing the oppornrnity. 'l'he fonn rnust be completed in its entirety and be submitted with the main tbnn above.

Original Purchase of Current Product/Service

Continuation with Current Provider

(no transition costs)

Costs to Transition to New Product/Service

Acquisition Price

Training Costs

Implementation Costs

Conversion Costs

Compatibility Costs

System Downtime Costs

Staff Time

Other Cost

Total

Comments to the fi ovided.

The public notice period shall be (Check the box that applies)

Ifthe cost ofthe procurement exceeds $50,000 then the publication ofthe notice must be made in accordance with Section

63G-6a-112. n b

Procurements under $50,000.00 are not required to be published, but may be published at the discretion ofthe SLCSD

Director of Purchasing

Published: ! Not Published: n c Publication is not required for a procurement pursuant to a trial use contract. !

d

Publication is waived for an award of contract without engaging in a standard procurement process procuremeDt:

! For any procurement item identified in Utah Administrative Code R33-8- t01(7)(t)(i-viii);

I For u*"id touapecific supplier, service prcvider, or contractor is a condition of a donation that will fund the full cost of the supply. service. or consl.ruction itemt

! For other circumstances as determined in writing by the chief procurement officer or head of a procurement unity with independent procurement authority

The Terms and Conditions that will be attached to the awarded en contr ase order:

District Contraet: E Coods D Services ! IT for DTS only E Att. B IT Non-DTS (include DTS Exception Form, ifapplicable)

Purchas€ Order: E CooOs E Services E IT for DTS only E Att. B IT Non-DTS (include DTS Exception Form, ifapplicable)

For Purchasing Department Use After the Public Posting Period:

Notice#:

Commodity Code(s):

# of Vendors Sent To:

Additional Research & Comments:

Summary of Contest(s) Received & Determination:

THIS SECTION TO B[, FIT,LI.]D OUT BY SI,CSD PURCTI.,\SING DEPAR'I UE\T

a.

Agent: