3-Part-8-Exceptions-Form-Sole-Source-Contract-Extension APEX UNIT.pdf

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, product, etc. is only available from a single supplier.)

The APEX is the ONLY electrofisher with built in scientific data monitoring and recording that allows the biologist to download the recorded data via flash drive for analyzing and mapping. This is NOT offered on any other electrofishing equipment in the world. The APEX Boat electrofisher records more than 24 hours of GPS, electrical input, electrical outputs, warning codes, and performance information for every second of electrofishing.

Additionally, it is the ONLY boat electrofisher to have a built in USB port to download all electrofishing data while also allowing the upload of new software.

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

The only other competitor has worked on a similar modified product, but decided that there was not much interest.

3. Explain the market research performed.

An email was sent to the competitor regarding their availability on a similar product. Mark O'neal from ETS responded and advised that they do not have a similar product.

4.

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

Fiscal resource site

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.

ETS systems. Contact Mark O'neal, email: etselectrofishing.com. Email response:

We worked on prototype data logger a few years ago, but when I talked to a few biologists about it, there seemed to be limited interest. They said they just repeat settings based on their records or adjust the settings to capture fish. We decided to focus our R and D efforts on increasing the performance of our equipment at capturing fish.

SECTION B: TRANSITIONAL COSTS

Describe the existing procurement item; include the original purchase price and date of purchase for the existing procurement item.

2. Supply the following:

a. Procurement method used to purchase the existing procurement item: (e.g. IFB, RFP, Sole Source):

b. Solicitation number or RQS/RQM number for the existing procurement item:

c. Contract number for the existing procurement item:

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 IMPRACTICAL

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 the procurement unit under the circumstances; including any supporting documentation.

2. Supply the following, if applicable:

a. Procurement method used to purchase existing procurement item (e.g. IFB, RFP, Sole Source):

b. Solicitation number or RQS/RQM number for the existing procurement item:

c. Contract number for existing procurement item:

SECTION D: TRIAL USE CONTRACT

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

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 from the original contract end date, the procurement official may extend the contract after consulting with legal counsel.

Original End Date: Enter date. Current End Date: Enter date.

Proposed End Date: Enter date. Contract Number: Enter text.

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

2.

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.

3.

Confirm the procurement unit is currently engaged in a standard procurement process for the procurement item that is subject to the contract extension request and that the standard procurement process is delayed due to an unintentional error.

4.

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

If the original solicitation type was an ACWESPP (e.g. sole source) and the proposed contract total will exceed $50,000, then public notice is required to increase the contract total. Public notice is not necessary if the procurement official waives the public notice requirement in accordance with R33-108-101e.

Contractor Name: Enter text. Contract Number: Enter text.

Original Contract Total: Enter text. Current Contract Total: Enter text.

Proposed Contract Total: Enter text. % Increase from Original: Enter text.

Solicitation Number: Enter text. Solicitation Type: Enter text.

Product or Service Description:

Click to enter text.

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.

Provide details for the answer that was selected in the previous question. Provide any reasons for the increase.

Click to enter text.