B-24822 JPMC SUV Bakery Mixes FY22 SSJF.pdf

Sole Source Justification Form

Version 7.01 Page 1 of 5

Bulletin Reference Number 22-416CMS-BOSS4-B-24822

Requesting Agency/University Central Management Services

Sole Source Justification Form - Part I Section I - General Information

Department/Bureau/Section: CMS/BOSS/Equipment & Commodities

Need Identified Date: Oct 25, 2021 Supply/Service Need By Date: Jan 26, 2022

Project Title: JPMC Bakery Mixes SUP SS

Vendor: ComWell

Provide a description of the supplies or services required:

CMS, in agreement with the Chief Procurement Officer for General Services (CPO-GS), desires to establish a Joint Purchase Master Contract (JPMC) sole source for bakery mixes which will be available to Department of Corrections, Department of Juvenile Justice, Department of Human Services and Department of Veterans Affairs.

Value: Estimated Value of Initial Term, this Change Order or Amendment: 2,226,706.72

Will this Sole Source amend a Professional or Artistic Services contract? Yes No

*Sole Source may not be used for amendments for Professional or Artistic Services if the amendment would increase the value by more than 5% of the initial award or extend the term by more than 60 days.

Type: New Sole Economically Feasible Source

Section II - Proposed Term

One-Time Purchase Term Contract

Estimated Contract Begin Date: Jan 27, 2022

Estimated Contract End Date: Jan 26, 2023

Number of Potential Renewals: 0

Length of Each Renewal in Months: 0

Total Value of All Renewals: 0

If a Term Contract, does the term, including renewals, exceed 12 months? Yes No

Section III - Funding Source Select the type of funding to be used (Check all that apply): State Appropriate Funds Federal Funds Other (Explain):

This is a Joint Purchase Master Contract - funding used is up to the individual agency.

Section IV - Sole Source Justification

This purchase is economically only available from a single source primarily because it is: (If "Other" explain in one sentence)

In accordance with CPO notice 2020.01, this is the only vendor approved by the State Use Committee to provide these services.

Are there secondary justification(s) for this sole source? Yes No

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Bulletin Reference Number 22-416CMS-BOSS4-B-24822

Requesting Agency/University Central Management Services

Section V - Purchase History

Has the Agency or University Purchased these supplies or services in the past? Yes No

Term Term From Term To Value Description Contract Number Type

1 Jan 27, 2021 Jan 26, 2022 2,068,657.75 Bakery Mixes P-20811 Sole Source

2 Jun 29, 2018 Jun 30, 2020 3,726,698.56 Bakery Mixes P-2773 IFB

If more than 10, or if other comments, explain:

This contract was established via State Use as allowed by Section 45-35 of the Illinois Procurement Code.

Section VI - Business Rationale

1. Provide a detailed explanation of the need for the supplies or services:

To establish a 1-year master contract with a State Use Vendor to allow the Department of Corrections, Department of Juvenile Justice, Department of Human Services and Department of Veterans Affairs to purchase bakery mixes on an as-needed basis for the life of the contract.

2. Provide a list and describe in detail the specifications required to satisfy the need:

Bakery Mixes

3. Provide detail explaining the justification selected in Section IV to explain why the requested supplies or services are the only ones available that can satisfy the agency or university requirements?

Establishing a JPMC for this procurement allows for a simplified purchasing process for Department of Corrections, Department of Juvenile Justice, Department of Human Services and Department of Veterans Affairs because terms, conditions and pricing will be established prior to the time of orders. This saves considerable time and resources for the end users because they do not have to conduct their own solicitations, evaluate bids and establish individual contracts. The Department of Central Management Services made the determination that contracting for these services with a Qualified Not-for-Profit Agency for Persons with Severe Disabilities via the State Use Program was in the best interest of the State of Illinois and is allowed by Section 45-35 of the Illinois Procurement Code.

4. What are the unique features of the supplies or services that are not available in any other product or by any other vendor? Provide specific quantifiable factors/qualifications:

This contract will provide 15 persons with disabilities employment and job training.

5. Has the Agency or University considered alternative supplies or services to satisfy their need? Yes No

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Bulletin Reference Number 22-416CMS-BOSS4-B-24822

Requesting Agency/University Central Management Services

5a. If no, why weren't alternatives evaluated?

The Department of Central Management Services made the determination that contracting for these services with a Qualified Not-for- Profit Agency for Persons with Severe Disabilities via the State Use Program was in the best interest of the State of Illinois and is allowed by Section 45-35 of the Illinois Procurement Code. The Department of Central Management Services’ use of the Sole Economically Feasible Source method of procurement is for the sake of transparency and to meet the requirements of the State’s Joint Purchasing Act

[30 ILCS 525/4.05].

6. Are there resellers or distributors?

Yes No N/A

7. What efforts were made to get the best possible price (i.e. did the agency/university negotiate) and how did you determine the price for this purchase is considered fair and reasonable?

As required under Rule and Statute, the State Use Committee reviewed the pricing for the proposed agreement and determined that the pricing is fair and reasonable.

8. Will this purchase obligate the State to this vendor for future purchases such as maintenance, licensing or continuing need?

Yes No

9. What will be the financial or other impact to the State if this sole source is not approved and a competitive bid is required?

Due to the pandemic, prices for the food industry along with the transportation of products has increased dramatically. This has affected numerous food items being deemed too expensive to ship and delivery at the current contract prices. By not establishing a JPMC, ordering entities will be forced to pay higher prices due to the volatile food industry. Pricing submitted on selected items are cheaper than retail and those items that are more expensive are 4-75% higher, with a couple items being over 100% higher. If this contract is not approved, this would result in a loss of work for the State Use Vendor which would result in loss of employment and training opportunities for persons with disabilities.

10. Is there any additional information you would like to add to justify this sole source?

Section 1.4535(f) of the Chief Procurement Officer’s Standard Procurement Rules states “An agency’s decision to purchase from a sheltered workshop rather than issuing a competitive solicitation is not protestable”.

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Bulletin Reference Number 22-416CMS-BOSS4-B-24822

Requesting Agency/University Central Management Services

Section VII

Requesting Department Representative

Requesting Department Signature Required

I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed.

Date

Printed Name E-mail Address

Phone Number

State Agency Bureau/Division Head or University Purchasing Director Approval and Signature Required

I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed. (All prior form fields will lock once this e-signature is completed)

E-mail Address

Phone Number Date

Printed Name

Agency Bureau/Division Head or University Purchasing Director and Not a Designee

SPO Approval and Signature Required

I have reviewed and understand the contents of this Sole Source Justification and agree with the State Agency or University determination.

I have reviewed and understand the contents of this Sole Source Justification and do not agree with the State Agency or University determination. As a result, the State Agency or University must explore other sourcing methods to satisfy their need.

State Purchasing Officer Signature Phone Number 217-299-4919 Date Nov 4, 2021

Printed Name John H.H. Demien, CPPB E-mail Address john.demien@illinois.gov

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Bulletin Reference Number 22-416CMS-BOSS4-B-24822

Requesting Agency/University Central Management Services

Sole Source Justification Form - Part II Section I - General Information

Project Title JPMC Bakery Mixes SUP SS

Vendor ComWell

Initial Date of Procurement Bulletin Posting Nov 4, 2021

Was a Sole Source hearing held per 30 ILCS 500/20-25?

Yes - Complete Section II and III below (Section II will only be visible when this option is selected)

No - Section II not required, go to Section III below Section III - CPO Approval and Signature Required

Based on my review, I authorize the Agency/University to proceed in accordance with the published Notice referenced above.

Based upon my review, I authorize the Agency/University to proceed with the following Changes.

Based on my review, the Agency/University is not authorized to proceed with this sole source as presented and my recommendation is that it be cancelled.

Other

CPO Signature CPO Phone 312-415-9612

Printed Name Ellen H. Daley Date

CPO E-mail Ellen.H.Daley@Illinois.gov

Version 7.01 Page of Sole Source Justification Form - Part I Section I - General Information Will this Sole Source amend a Professional or Artistic Services contract?

If yes, what was the original contract value?

*Sole Source may not be used for amendments for Professional or Artistic Services if the amendment would increase the value by more than 5% of the initial award or extend the term by more than 60 days.

Section II - Proposed Term If a Term Contract, does the term, including renewals, exceed 12 months?

If yes, provide a detailed justification including any economic benefit received for agreeing to a multi-year term:

Section III - Funding Source Select the type of funding to be used (Check all that apply):

Section IV - Sole Source Justification Are there secondary justification(s) for this sole source?

Section V - Purchase History Has the Agency or University Purchased these supplies or services in the past?

Term Term From Term To Value Description Contract Number Type Section VI - Business Rationale

1. Provide a detailed explanation of the need for the supplies or services:

2. Provide a list and describe in detail the specifications required to satisfy the need:

3. Provide detail explaining the justification selected in Section IV to explain why the requested supplies or services are the only ones available that can satisfy the agency or university requirements?

4. What are the unique features of the supplies or services that are not available in any other product or by any other vendor? Provide specific quantifiable factors/qualifications:

5. Has the Agency or University considered alternative supplies or services to satisfy their need?

5a. If yes, name the alternative vendors whose supplies or services were evaluated:

5b. If yes, what were the alternatives for each vendor and why were they unacceptable? Be specific with regard to features, characteristics, requirements, capabilities and compatibility:

5c. Explain how the market evaluation was conducted?

*This evaluation is to determine available options within a market. If the evaluation is to determine quality or best suited option, this is not the appropriate source selection. Under no circumstances shall the evaluation consist of testing alternative options. These activities must be conducted in a competitive transparent environment (i.e. IFB or RFP).

5a. If no, why weren't alternatives evaluated?

6. Are there resellers or distributors?

7. What efforts were made to get the best possible price (i.e. did the agency/university negotiate) and how did you determine the price for this purchase is considered fair and reasonable?

8. Will this purchase obligate the State to this vendor for future purchases such as maintenance, licensing or continuing need?

8a. If yes, please provide details regarding future obligations and/or needs:

9. What will be the financial or other impact to the State if this sole source is not approved and a competitive bid is required?

10. Is there any additional information you would like to add to justify this sole source?

Section VII Requesting Department Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed.

State Agency Bureau/Division Head or University Purchasing Director Approval and Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed. (All prior form fields will lock once this e-signature is completed) SPO Approval and Signature Required Sole Source Justification Form - Part II Section I - General Information Was a Sole Source hearing held per 30 ILCS 500/20-25?

Section II - Sole Source Hearing Details The State posted to the Illinois Procurement Bulletin a description of the State's need, the justification for the sole source decision, and information regarding the opportunity to submit comments and testify at a public hearing. Notice of the hearing was also posted outside of the hearing room 48 hours prior to the hearing.

The public hearing was conducted for the purpose of receiving testimony regarding the sole source determination. The Hearing Officer recommends the following:

The following relevant documents are attached:

Section III - CPO Approval and Signature Required 9.0.0.2.20101008.1.734229 Ellen.H.Daley@Illinois.gov