1-POWERSCHOOL CCSD-SOLE SOURCE (ACWESPP) FORM (2).pdf

Cache County School District Purchasing Department 84 E 2400 N, North Logan, UT 84341 Phone: 435-752-3925 www.ccsdut.org

NOTICE OF INTENT TO AWARD A CONTRACT WITHOUT ENGAGING IN A STANDARD

PROCUREMENT PROCESS

The Cache County School District (CCSD) Purchasing Department is publishing this notice pursuant to the Utah Procurement Code. The requesting department submitted this form to the Purchasing Department, claiming that it intends to award a contract without competition if it is determined by the Purchasing Department, in writing, that

● there is only one source for the procurement item.

● transitional costs are a significant consideration in selecting a procurement item, or

● the award of a 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 best interest of the CCSD

In the subsequent pages, the requesting department has provided its justification for awarding a contract without engaging in the standard procurement process.

Determination of Other Interested Vendors

The intent of this notice is to determine if there are any other interested and qualified vendors that meet the specifications of this notice. Any such vendors must submit the following information:

● The name of the contesting qualified vendor; and

● A detailed explanation, including documentation, showcasing any other competing sources for the procurement item. In addition, a qualified vendor should include:

● Documentation that the vendor can provide a comparable or better procurement item that meets or exceeds the specifications;

● Documentation that the vendor can also provide the same proprietary procurement item or an equivalent procurement item; and

● If transitional costs are identified as the justification for this notice, submit a cost comparison of the identified transitional costs with the vendor’s anticipated transitional costs.

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

Any questions regarding this notice, including obtaining additional information, can be directed to the Purchasing Department at karma.leatham@ccsdut.org during the publication period. No action is required if you agree with this Notice.

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

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

Please read the entire form very carefully before responding to this notice http://www.ccsdut.org

AWARD OF CONTRACT WITHOUT ENGAGING IN A STANDARD PROCUREMENT

PROCESS REQUEST FORM

DEPARTMENT/SCHOOL CONTACT INFORMATION

ITEM OR SERVICE

Description of procurement item to be purchased: Student Information System and Enrollment

Estimated value of the contract/purchase order: $961,421.07 (approximately $192,284.22 yearly)

Freight Cost (F.O.B. Destination, Freight Prepaid):

Contract

1. Insert requested term of contract: 5 and renewal options: 0 (The standard contract term is five (5) years. If the requested term will be longer than five years, written justification is required.)

2. The Department/School may not make the procurement until the solicitation process is completed and a contract is written and signed by the Department/School, the vendor, and the Purchasing Department.

☐ Purchase Order 1. If the total purchase will be greater than $5,000.00 the Department/School may not make the procurement until after the solicitation process is completed, the PO is signed by the Purchasing Department, and the PO is delivered to both the Department/School and the vendor.

VENDOR INFORMATION

Vendor Name: PowerSchool Group LLC Vendor Contact Person: Mack Donoghue Vendor Email Address: mack.donoghue@powerschool.com Vendor Telephone Number: 435.714.2326 Vendor Ordering Address: 150 Parkshore Dr, Folsom, CA 95630 Vendor Remittance Address: 150 Parkshore Dr, Folsom, CA 95630 All items in the above section are required.

Complete the following if no vendor number exists in ERP (Munis):

CHECK THE BOX THAT IDENTIFIES WHY A CONTRACT/PURCHASE ORDER SHOULD BE AWARDED

WITHOUT ENGAGING IN A STANDARD PROCUREMENT PROCESS:

Department/Division Name: Information Technology

Contact Person and Title: Stacie Gomm

E-mail Address: stacie.gomm@ccsdut.org Telephone Number: 435-752-3925 x2800 Does the requestor or anyone at the requesting department/school have any personal, financial, or fiduciary relationship with the proposed vendor? No

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

Type of Vendor:

☐ There is only one source for the procurement item. Complete section A

Transitional costs are a significant consideration in selecting a procurement item and the results of a cost-benefit analysis demonstrate that transitional costs are unreasonable or cost-prohibitive, and that the award of a contract without engaging in a standard procurement process is in the best interest of the procurement unit

Complete section B

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

Complete section C

SECTION A: ONLY ONE SOURCE

1. What is unique about this procurement item to justify an award of contract without engaging in a standard procurement process? (Explain in detail why the service or product is only available from a single supplier.)

2. Could the procurement item be reasonably modified to allow for competition?

3. Explain the market research performed.

4. What research have you conducted to ensure the requested procurement item is not available on an existing district or state cooperative contract?

5. If there is only one source for the procurement item, list the names of other similar vendors contacted, contact person, and a summary of their response, SECTION B: TRANSITIONAL COSTS – If you have selected Section B you must also complete Attachment A – Cost Benefit Analysis

1. Describe the existing equipment, technology, software, accessories, replacement parts, or service, hereafter referred to as equipment; include the original purchase price and date of purchase for the existing equipment.

PowerSchool SIS is a student information system that processes all of the enrollments, demographics, attendance, academics and other student information for the district. The original purchase price was $356,420.36 in 2006 which covered the costs for multiple years, along with renewal options.

2. Please supply the following:

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

b. Bid number, P.O. number, Requisition number, or sole source number for the existing equipment/service: 88875

c. Contract number for the existing equipment/service:

3. Complete “Attachment A - Cost-Benefit Analysis”, as required by Utah Procurement Code §63G-6a-802 that demonstrates transitional costs are unreasonable or cost-prohibitive.

SECTION C: STANDARD PROCUREMENT PROCESS IMPRACTICABLE

1.

Cite the applicable rule from Utah Administrative Code R33-8 that provides awarding the contract through a standard procurement process as impractical and not in the best interest of the procurement unit under the circumstances, including any supporting documentation.

2. Please supply the following, if applicable:

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 equipment/services:

c. Contract number for the existing equipment/services

Administration Approval:

Authorized Department/School Administrator Date

Recommend Award: Final Approval by Purchasing Director:

CCSD Purchasing Agent Date Karma Leatham, Purchasing Manager Date

ATTACHMENT A – COST-BENEFIT ANALYSIS

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

Transitional costs means the costs of changing from an existing provider of a procurement item to another provider of that procurement item; or from an existing type of procurement item to another type; includes training costs; conversion costs;

compatibility costs; costs associated with system downtime; disruption of service costs; staff time necessary to implement the change; installation costs; and ancillary software, hardware, equipment, or construction costs; and does not include the costs of preparing for or engaging in a procurement process; or contract negotiation or drafting costs.

Because there are vendors who “could” compete for the product or service (this request is not a sole-source), if not for the transitional costs, the law requires additional details to support the determination, in the form of a cost-benefit analysis.

The purpose is to flush out the figures 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 opportunity. The form must be completed in its entirety and be submitted with the main form above.

Original Purchase of

Current Product/Service Continuation with Current Provider

(no transition costs)

Costs to Transition to New Product/Service

Acquisition Price

$356,420.36 for multiple years

$961,421.07 (approximately $192,284.22 yearly) $192,284.22+ yearly

Training Costs $25,500 $62,000+

Implementation Costs $285,000 $285,000+

Conversion Costs

NA $136,000+

Compatibility Costs

System Downtime Costs

Staff Time $150,000 $316,440+

Other Cost $20,000 $20,000+

Total

$836,920.56 (multiple years of software)

$961,421.07 (approximately $192,284.22 yearly)

$1,011,724.22 (one year of software)

Comments to support the figures provided.

● Acquisition and training come from the initial invoices received.

● Transition Training costs include training the main IT staff to run the new system and the costs paid to the vendor for that training.

● Implementation is provided by 3 full-time IT staff ($95,000 salary) for 1 year.

● Conversion costs include the transference of 68,000+ student records at $2 per student.

● Staff time was calculated based on 4 hours average per teacher and staff member (at $30 per hour) for our 2637 current staff and teacher accounts. It also includes the time to train 2637+ teachers and staff members, 20,000+ students, and 40,000+ parents. Other costs include the cost of the new hardware at the time. They would be more today.

● Other costs include the cost of the new hardware at the time. They would be more today.

THIS SECTION TO BE FILLED OUT BY CCSD PURCHASING DEPARTMENT

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

a. If the cost of the procurement exceeds $50,000, then the publication of the notice must be made in accordance with Section 63G-6a-112. ☐ b.

Procurements under $50,000.00 are not required to be published, but may be published at the discretion of the CCSD Director of Purchasing Published: ☐ Not Published: ☐

c. Publication is not required for a procurement under a trial-use contract. ☐ d.

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

☐ For any procurement item identified in Utah Administrative Code R33-8-101(7)(b)(i-viii);

☐ For an award to a specific supplier, service provider, or contractor is a condition of a donation that will fund the full cost of the supply, service, or construction item;

☐ For other circumstances as determined in writing by the chief procurement officer or head of a procurement unit with independent procurement authority.

The Terms and Conditions that will be attached to the awarded agency contract/purchase order:

District Contract: ☐ Goods ☐ Services ☐ IT for DTS only ☐ Att. B IT Non-DTS (include DTS Exception Form, if applicable) Purchase Order: ☐ Goods ☐ Services ☐ IT for DTS only ☐ Att. B IT Non-DTS (include DTS Exception Form, if applicable)

For Purchasing Department Use After the Public Posting Period: Agent:

Notice#:

Commodity Code(s):

# of Vendors Sent To:

Additional Research & Comments:

Summary of Contest(s) Received & Determination:

SECTION B: TRANSITIONAL COSTS – If you have selected Section B you must also complete Attachment A – Cost Benefit Analysis