3-Part 8 Exceptions Form - Afterschool Program Quality Assessment and Improvement - Posting.pdf

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

PROCUREMENT PROCESS

The Utah State Board of Education (USBE) is publishing this notice in accordance with the Utah Procurement Code and intends to award a contract without engaging in a standard procurement process if it is determined by the procurement official, in writing, that:

1. There is only one source for the procurement item;

2. Transitional costs are a significant consideration in selecting a procurement item and the transitional costs are unreasonable or cost-prohibitive; or

3. The award of a contract is under circumstances, described in rules adopted by the board, that make awarding the contract through a standard procurement process impractical and not in the best interest of USBE.

USBE’s justification for awarding a contract without engaging in standard procurement process is set forth below.

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 included in this notice. Any such vendors wishing to challenge the proposed award of a contract must submit to the purchasing agent identified in this notice 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, as applicable:

• 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, a comparison of the transitional costs identified in this notice against your firm’s anticipated transitional costs.

Regardless of any prior communications with USBE, 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.

ALL CHALLENGES TO THE PROPOSED CONTRACT AWARD MUST BE SUBMITTED THROUGH THE UTAH

PUBLIC PROCUREMENT PLACE SUPPLIER PORTAL, and any questions regarding this notice, including requests for additional information, must be submitted through the Supplier Portal during the public notice period. THIS NOTICE IS NOT A REQUEST FOR PROPOSALS, INVITATION FOR BIDS, OR REQUEST FOR QUOTES. No action is required if you have no objections to the proposed award.

If, after the public notice period has passed, the procurement official determines that there are other interested and qualified vendors that meet the specifications of this notice, USBE will not award a contract pursuant to this notice;

otherwise, if no valid challenges are received, then USBE may award a contract to the identified vendor without engaging in a standard procurement process.

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

Detailed Description of Procurement Item (additional information included in attached Scope of Work):

The Utah Afterschool Network (UAN) is a sole source provider of technical assistance services, training and professional development opportunities for out-of-school time professionals who serve over 45,000 youth in the state of Utah. The UAN is the only organization in the state of Utah that specifically supports out-of-school time programs that receive funding through Utah’s 21st Century Community Learning Center (21st CCLC) grant program. The UAN supports programs and out-of-school time professionals by providing technical assistance, quality standards and training and professional development opportunities.

Scope of the Proposed Contract

It is anticipated that this procurement will result in a:

RESULT ACTION

USBE Contract

The term of this contract (or extension) will be: 5 years Renewal options:.

USBE may not make the procurement until the solicitation process is completed and a contract is written and signed by the vendor, and USBE.

Purchase Order

One-time purchase or ≤ 1 year USBE may not make the procurement until the solicitation process is completed, the purchase order is signed by USBE and delivered to the vendor.

Description of procurement item to be purchased:

The Utah Afterschool Network will provide professional development and technical assistance to all USBE 21st Century Community Learning Centers Grantees.

Estimated value of the contract/purchase order/increase: $1,298,875.00 ($259,775.00 Annually) Freight Cost (F.O.B.

Destination, Freight Prepaid): N/A Vendor Name: Utah Afterschool Network

Justification for Award (select ONE option):

✔ Sole Source - There is only one source for the procurement item. Complete Section A

Transitional Costs - 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

Impracticality - The award of a contract is under circumstances, described in rules adopted by the board, that make awarding the contract through a standard procurement process impractical and not in the best interest of USBE.

Complete Section C

Trial use contract for a new or innovative procurement item, or for a procurement item with a novel or unproven use or application.

Complete Section D

Extension of a contract without engaging in a standard procurement process. If extension will result in a request to increase the contract total, complete Section F below as well.

Complete Section E

Request to increase total contract amount. Complete Section F

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.)

For the 21st Century Community Learning Center (21st CCLC) federal grant, in addition to virtual training and coaching sessions, the vendor scope of work requires in-person program observations and running an annual conference. UAN is the only agency in Utah that provides these services specific to afterschool and summer organizations and programs. Being a local Utah organization, they are able to provide customized professional development and technical assistance in person. UAN are certified through the Weikart Forum for Youth Development to conduct observations using the Program Quality Assessment Tool. They also run the only state-wide afterschool conference.

2. Could the procurement item be reasonably modified to allow for competition? (Explain why or why not.)

No, because the PD and TA provider needs to be able to go to in person to afterschool programs for site visits and observations and they must be certified to conduct the observations.

3. Detailed description of the market research performed to identify similar or alternate procurement items.

List term(s) and results used in searching the Internet and other research conducted to complete market search.

Contacted other organizations in the afterschool and summer field to ask what other organizations would be able to provide the necessary services and I did not receive any other suggestions

Also searched online for "afterschool professional development" and "afterschool professional development Utah" and found several organizations that could provide virtual professional development and coaching, but couldn't find any to do in-person work.

4. Is the requested procurement item available on an existing state cooperative contract? List search term(s) and results of a state cooperative contract search (https://statecontracts.utah.gov/Home/Search).

No other similar alternate items/services found.

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, Department of Workforce Services, Emma Moench, offer PD and TA to their own afterschool grantees, but do not have capacity to provide similar services to 21st CCLC grantees. They also contract with UAN and have not found another organization who can provide the services without a conflict of interest.

Utah Education Policy Center, Lisa Whisham said that they do capacity building training, but would not be interested in bidding for the contract. She could not think of any other organization who could do the work.

https://statecontracts.utah.gov/Home/Search)

SECTION B: SIGNIFICANT TRANSITIONAL COSTS

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.

Method of procuring the existing procurement item:

Solicitation number: Existing contract number:

Original purchase date: Original purchase price: $

2. 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 IMPRACTICAL

1. Circumstances that make awarding a contract through a standard procurement process impractical and not in the best interest of USBE. Choose ONE that best describes the circumstances:

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

☐ Public utility services, when only one public utility service is available in an area ☐ An item where compatibility is the overriding consideration ☐ A used procurement item that presents a unique, specialized, or time-limited buying opportunity ☐ Other circumstances determined by the procurement official to make awarding a contract through a standard procurement process impractical and not in the best interest of USBE

2. Review R33-108-101c and provide supporting justification why awarding the contract through a standard procurement process is impractical and not in the best interest of USBE under the circumstances;

including any supporting documentation.

3. Supply the following, if applicable:

Method of procuring the existing procurement item:

Solicitation number: Existing contract number:

Original purchase date: Original purchase price: $

SECTION D: TRIAL USE CONTRACT

1. Describe how this trial use contract for the new or novel procurement item will benefit USBE.

2. Describe how the procurement item is new or innovative, or how the procurement item has a proposed use/application that is novel or unproven.

3. Describe why a trial use contract exception is necessary for this procurement item at this time as opposed to conducting a standard procurement process to procure the procurement item.

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

5. How long does the agency need to test the procurement item and what quantities of the procurement item (if applicable) will be necessary to test this procurement item? Note trial use contracts generally cannot exceed a period of 24 months.

SECTION E: EXTENSION OF CONTRACT WITHOUT ENGAGING IN A STANDARD

PROCUREMENT PROCESS

The procurement official may extend a contract up to 120 days. For extensions beyond 120 days, the procurement official may extend the contract after consulting with legal counsel.

Contract Start Date: Current End Date:

Proposed End Date: Contract Number:

1. Has this contract previously been extended?

No Yes, this contract was previously extended for days.

2. Is this request for a contract extension the result of a protest, appeal, or court action? If yes, items 3-5 below do not need to be completed. Provide the solicitation number that resulted in a protest and date of the protest, appeal, or court action.

3. Is USBE currently engaged in a standard procurement process for the procurement item that is the subject of the contract extension request?

Yes No, USBE is letting the contract expire and will not be re-soliciting for a procurement item that is the subject of the contract extension request.

4. Describe why extending this contract without engaging in a standard procurement process is necessary to avoid a lapse in a critical government service, OR to mitigate a circumstance that is likely to have a negative impact on public health, safety, welfare, or property.

5. Justification for Extension (check all that apply):

The standard procurement process is delayed due to an unintentional error.

A change in an industry standard requires one or more significant changes to specifications for the procurement item.

To prevent the loss of federal funds To mitigate the effects of a delay of a state or federal appropriation.

To enable the procurement unit to continue to receive a procurement item during a delay in the implementation of a contract awarded pursuant to a procurement that has already been conducted.

To enable the procurement unit to continue to receive a procurement item during a period of time during which negotiations with a vendor under a new contract for the procurement item are being conducted.

5. For the selection(s) above, provide any additional details regarding the circumstances justifying a contract extension.

SECTION F: REQUEST TO INCREASE TOTAL CONTRACT AMOUNT

Public notice not normally required, UNLESS: If the original solicitation type was an ACWESPP (e.g., sole source) and the additional amount will make the contract total go above $50,000, then a public notice is required to increase the contract total. This public notice is not necessary if the procurement official waives the public notice requirement in accordance with R33-108-101e.

Contractor Name: Contract Number:

Original Contract Total: Current Contract Total:

Proposed Contract Total: % Increase from Original:

Solicitation Number: Solicitation Type:

Product or Service Description:

1. Why is the contract total being increased? Check all that apply.

☐ The term of the contract is being extended (also complete Section E above if extending).

☐ The quantity of products or services needed has increased.

☐ The price, rate, or fee for a product or service has increased.

☐ A new or upgraded product or service is needed.

2. Provide details for the answer that was selected in the previous question that justify an increase in the total contract amount.