3-Notice of Intent to Award (Sole Source) - SPED Maxim Healthcare Services, Inc 2026.pdf

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

The Nebo School District (“NSD”) Department of Purchasing is publishing this notice pursuant to the Utah

Procurement Code. The Conducting Procurement Unit submitted this form claiming that it intends to award a contract without competition if it is determined by the Department of Purchasing, 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 procurement unit.

In the subsequent pages the Conducting Procurement Unit has identified its justification for wanting to award a contract without engaging in 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 person; and

• A detailed explanation of the challenge, including documentation showing that there are other competing sources for the procurement item.

In addition, a vendor should include:

• Documentation that your firm can provide a comparable or better procurement item that meets or exceeds the specifications;

• Documentation that your firm 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 your firm’s anticipated transitional costs.

Regardless of any prior communications with the NSD Department of Purchasing, 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.

DO NOT CONTACT THE CONDUCTING PROCUREMENT UNIT. Any questions regarding this notice, including obtaining additional information, can be obtained through the NSD Department of Purchasing during the publication period. No action is required if you agree with this Notice.

If, after the public notice period has passed, the Department of Purchasing determines that there are other interested and qualified vendors that meet the specifications of this notice, the Department of Purchasing 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 Department of

Purchasing may award a contract to the identified vendor without competition.

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

It is anticipated that this procurement will result in a:

RESULT ACTION

Agency

Contract

1. The term of this contract will be:

2. The Conducting Procurement Unit may not make the procurement until the solicitation process is completed and a contract is written and signed by the procurement unit, the vendor, and the Department of Purchasing.

Purchase Order The Conducting Procurement Unit may not make the procurement until after the solicitation process is completed, the purchase order is signed by the Department of

Purchasing.

Estimated value of the contract/purchase order: $120,000 per year for 5 years

Freight Cost (F.O.B. Destination, Freight Prepaid): $0.00

Vendor Name: Maxim Healthcare Staffing

Explain in detail the service or product to be procured: Private nursing services for students in need participating in Special

Education or the 504 program.

Complete disclosure must be included with this request if the requestor has any personal, financial, or fiduciary relationship with the vendor. (Please Attach) N/A

CHECK THE BOX THAT IDENTIFIES WHY A CONTRACT SHOULD BE AWARDED WITHOUT ENGAGING IN A STANDARD

PROCUREMENT PROCESS:

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 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 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 state or district 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

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.

2. Please supply the following:

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

b. Solicitation number, RQS number, or sole source number for the existing equipment:

c. Contract number for the existing equipment:

3.

Attach the cost-benefit analysis, as required by Utah Code Section 63G-6a-802 that demonstrates that transitional costs are unreasonable or cost-prohibitive.

SECTION C: STANDARD PROCUREMENT PROCESS IMPRACTICABLE

Cite the applicable rule adopted by the applicable rulemaking authority that provides that awarding the contract through a standard procurement process is impractical and not in the best interest of the procurement unit under the circumstances;

including any supporting documentation.

• Nebo School District currently serves students with significant physical impairments who receive services under Special Education or Section 504. These students require the continuous support of a 1:1 nurse during the school day to ensure their health and safety. While the District maintains contracts with multiple nursing agencies to meet these needs, a small number of students currently receive nursing care before and after school through Maxim Healthcare Services, Inc, as independently arranged by their families.

• To provide continuity of care, the District seeks to align in-school nursing services with the same provider already working with these students outside of school hours. This ensures that, when possible, the same nurses who are already trained in the students’ complex medical needs and have developed trusted relationships with them and their families can also provide care during the school day. This consistency reduces training redundancy, increases communication efficiency, and supports students’ emotional and physical well-being—particularly for those who depend on predictable routines and familiar caregivers.

• In accordance with Utah Code § 53G-9-204, Local Education Agencies (LEAs) are expected to collaborate with families, local health departments, and private medical providers to develop and implement health plans that address individual student needs and reduce health-related risks. Utilizing Maxim, which is already part of the care team for these students, supports this collaborative model and aligns with the state’s emphasis on coordination across stakeholders.

• Additionally, Utah Code § 63G-6a-802 permits sole source procurement when there is only one practicable source for a procurement item. In this case, although the District has other nursing vendors under contract, Maxim Healthcare Services, Inc is the only vendor currently integrated into these students’ existing out-of-school care routines.

Introducing a new provider solely for in-school services would disrupt care continuity, require duplicative training, and potentially compromise the health and safety of medically fragile students.

• Therefore, to ensure a safe, efficient, and student-centered approach, we are requesting a sole source contract with Maxim Healthcare Services, Inc specifically for those students who already receive their nursing services through Maxim Healthcare Services, Inc outside of school. This will allow the District to maintain consistency in care while continuing to utilize other contracted vendors for the majority of students requiring nursing support.

2. Please supply the following, if applicable:

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

b. Solicitation number, RQS number, or sole source number for the existing equipment:

c. Contract number for the existing equipment