B-42990 SSJF Pt.I Pt.II JPMC SS-EF Official State Newspaper signed.pdf

Sole Source Justification Form

Version 7.01 Page 1 of 5

Bulletin Reference Number 24-416CMS-BOSS4-B-42990

Requesting Agency/University Central Management Services

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

Department/Bureau/Section: Central Management Services, in agreement with the Chief Procurement Officer for Gernal Services (CPO-

Need Identified Date: Apr 22, 2024 Supply/Service Need By Date: Jun 24, 2024

Project Title: JPMC SS EF-Official State Newspaper

Vendor: Illinois Press Association

Provide a description of the supplies or services required: Placement of public notices as display advertisement in newspaper.

Value: Estimated Value of Initial Term, this Change Order or Amendment: 150,000

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: Jun 24, 2024

Estimated Contract End Date: Jun 23, 2025

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):

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)

Media for Advertising

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

Section V - Purchase History

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

Section VI - Business Rationale

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

The State of Illinois is required by state law and procurement code to publish legal notices for public comment in newspapers.

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Bulletin Reference Number 24-416CMS-BOSS4-B-42990

Requesting Agency/University Central Management Services

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

GOAL: To establish a Joint Purchase Master Contract (JPMC) to meet the State’s need for publishing services for legal and other public notices and advertisements and serve as the Official State Newspaper on an as-needed basis during the contract period.

This JPMC will be available to all by Governmental Units and Qualified not-for-profit agencies as defined in Section 5 State Supplemental Provisions of this Contract.

SUPPLIES AND/OR SERVICES REQUIRED: The Vendor will provide a newspaper for Governmental Units and Qualified not-for-profit agencies to place Public Notices and advertisements when required in accordance with applicable laws and rules including, but not limited to those found in the Illinois Compiled Statutes and the Illinois Administrative Code.

• For the duration of the contract term, Vendor’s newspaper shall meet the requirements set forth by the Notice by Publication Act (715 ILCS 5/) and Newspaper Legal Notice Act (715 ILCS 10/) .

• The newspaper shall consist of not less than 4 pages of printed matter and contain at least 100 square inches of printed matter per page.

• The newspaper shall be printed through the use of one of the conventional and generally recognized printing processes such as letterpress, lithography or gravure.

• The newspaper shall annually average at least 25% news content per issue; or annually average at least 1,000 column inches of news content per issue, the term "news content" meaning any printed matter other than advertising.

• The newspaper shall publish miscellaneous reading matter, legal or other announcements and notices, and news and information concerning current happenings and passing events of a political, social, religious, commercial, financial or legal nature, and advertisements or bulletins.

• The newspaper must have been continuously published at regular intervals of at least once each week with a minimum of 50 issues per year, for at least one year prior to the first publication of notice under this contract and must maintain such continuous publication for the duration of the contract term. A successor to a newspaper, or a publication that is formed by the merger or consolidation of two or more newspapers, must meet the conditions set forth at 715 ILCS 5/5(e) and 715 ILCS 10/1(e) to demonstrate it has met the continuous publication requirement.

• Vendor shall print all public notices required pursuant to this contract in the total circulation of each edition of the newspaper that is published on the same date the notice is published.

• At no additional cost to the Governmental Unit or Qualified not-for-profit agency, Vendor shall also publish all public notices required pursuant to this contract on the designated statewide website, www.PublicNoticeIllinois.com (Public Notice Illinois). Public Notice Illinois is a repository for all public notices in Illinois.

• All notices required for publication by the Notice By Publication Act shall remain legal and valid for all purposes when any error that occurs pursuant to the requirements of this Section in the requirement for placement of the notice on the statewide website is the fault of the printer.

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?

CMS has solicited competitive bids multiple times with no qualified bidders. Since the expiration of PRT4018153 in 2020 the State has made 5 attempts to procure a newspaper for services. Three attempts via SBSA and 2 attempts via IFB with no success.

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:

Illinois Press Association is a statewide representative for Illinois newspapers. There is no other entity that can provide access to more than 400+ newspapers for publishing statewide.

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

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

Due to Procurement Code and the Newspaper Legal Notice Act a newspaper must be procured for notices requiring publishing. No alternatives would be approved.

6. Are there resellers or distributors?

Yes No N/A

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Bulletin Reference Number 24-416CMS-BOSS4-B-42990

Requesting Agency/University Central Management Services

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?

The cost of the notices are dependent upon characters per line and how many times the notice is ran.

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?

The State of Illinois will be in violation of the Notice by Publication Act (715 ILCS 5/) and Newspaper Legal Notice Act (715 ILCS 10/).

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

N/A

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Bulletin Reference Number 24-416CMS-BOSS4-B-42990

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 May 7, 2024

Printed Name Mary (Beth) Poani E-mail Address mary.poani2@illinois.gov

Phone Number 217-782-6987

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 David.Thomas2@illinois.gov

Phone Number 217-782-0001 Date May 29, 2024

Printed Name David W. Thomas

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 Jun 4, 2024

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

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Bulletin Reference Number 24-416CMS-BOSS4-B-42990

Requesting Agency/University Central Management Services

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

Project Title JPMC SS EF-Official State Newspaper

Vendor Illinois Press Association

Initial Date of Procurement Bulletin Posting Jun 4, 2024

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 217-558-2231

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

This JPMC will be available to all by Governmental Units and Qualified not-for-profit agencies as defined in Section 5 State Supplemental Provisions of this Contract.

SUPPLIES AND/OR SERVICES REQUIRED: The Vendor will provide a newspaper for Governmental Units and Qualified not-for-profit agencies to place Public Notices and advertisements when required in accordance with applicable laws and rules including, but not limited to those found in the Illinois Compiled Statutes and the Illinois Administrative Code.

• For the duration of the contract term, Vendor’s newspaper shall meet the requirements set forth by the Notice by Publication Act (715 ILCS 5/) and Newspaper Legal Notice Act (715 ILCS 10/) .

• The newspaper shall consist of not less than 4 pages of printed matter and contain at least 100 square inches of printed matter per page.

• The newspaper shall be printed through the use of one of the conventional and generally recognized printing processes such as letterpress, lithography or gravure.

• The newspaper shall annually average at least 25% news content per issue; or annually average at least 1,000 column inches of news content per issue, the term "news content" meaning any printed matter other than advertising.

• The newspaper shall publish miscellaneous reading matter, legal or other announcements and notices, and news and information concerning current happenings and passing events of a political, social, religious, commercial, financial or legal nature, and advertisements or bulletins.

• The newspaper must have been continuously published at regular intervals of at least once each week with a minimum of 50 issues per year, for at least one year prior to the first publication of notice under this contract and must maintain such continuous publication for the duration of the contract term. A successor to a newspaper, or a publication that is formed by the merger or consolidation of two or more newspapers, must meet the conditions set forth at 715 ILCS 5/5(e) and 715 ILCS 10/1(e) to demonstrate it has met the continuous publication requirement.

• Vendor shall print all public notices required pursuant to this contract in the total circulation of each edition of the newspaper that is published on the same date the notice is published.

• At no additional cost to the Governmental Unit or Qualified not-for-profit agency, Vendor shall also publish all public notices required pursuant to this contract on the designated statewide website, www.PublicNoticeIllinois.com (Public Notice Illinois). Public Notice Illinois is a repository for all public notices in Illinois.

• All notices required for publication by the Notice By Publication Act shall remain legal and valid for all purposes when any error that occurs pursuant to the requirements of this Section in the requirement for placement of the notice on the statewide website is the fault of the printer.