Attachment A - Sole Source.pdf

STATE OF UTAH - DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Purchasing & General Services 3150 State Office Building, Capitol Hill, Salt Lake City Utah 84114-1061 Phone: 801-538-3026 Fax: 801-538-3882 www.purchasing.utah.gov

Issuing Procurement Unit: Division of Purchasing

Conducting Procurement Unit: DNR- Division of Wildlife Resources

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

PROCESS

The Division of Purchasing is publishing this notice pursuant to the Utah Procurement Code. The Conducting Procurement Unit submitted this form to the Division of Purchasing claiming that it intends to award a contract without competition if it is determined by the Division 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 Division of Purchasing or the State, 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 Division 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 Division of Purchasing 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 have been received, then the Division 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: and renewal options: .

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 Division 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 Division of Purchasing, and the purchase order is delivered to both the agency and the vendor.

Description of procurement item to be purchased: Veterinary drugs

Estimated value of the contract/purchase order: $59,350

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

Vendor Name: ZooPharm and Wildlife Pharmaceuticals

Explain in detail the service or product to be procured (additional information can be found on the attached Scope of Work):

Wildlife pharmaceuticals specific for the immobilization of animals during wildlife captures.

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

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.)

The drug combinations (BAM, MK) and concentrations of drug (Xylazine 300 mg/mL, Ketamine 200 mg/mL), as well as formulations (Thiafentanil, Etorphine) cannot be purchased elsewhere in the US.

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

No, we specifically need those drugs in those combinations and concentrations. They allow us to use smaller volume of drug, which is essential for accurate remote drug delivery.

3. Explain the market research performed.

Only company able to fill Rx. Researched on the Internet.

4.

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

No other company to purchase these drugs.

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, There are no other compounding pharmacies that produce wildlife pharamecuticals in the US. There is a sister company in South Africa, but we would not be able to import the drugs from there and it would be more expensive, so that is not helpful. We have on occasion bought midazolam at 5 mg/mL from MWI when we could not get the 50 mg/mL from Zoopharm. This company does not carry any of the other drugs we need in the desired concentrations.

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.

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

LEASING PERSONAL PROPERTY (Not Real Property) Lease requests must include an approved FI 9 State of Utah Lease Obligation Record form from the Division of Finance. The FI 9 State of Utah Lease Obligation Record form can be found on the Division of Finance website finance.utah.gov under Forms.

The Finance policy FIACCT 09-21.00 Fixed Assets – Leases can be found on the Division of Finance website under Accounting Policies and Procedures.

Approved FI 9 attached.

Revised March 10, 2020