CET FY19_SSJForm Part I SIGNED.pdf

Sole Source Justification Form

Version 7.01 Page 1 of 5

Bulletin Reference Number B-4665

Requesting Agency/University Illinois Environmental Protection Agency (Illinois EPA)

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

Department/Bureau/Section: Associate Director's Office, State Energy Office

Need Identified Date: Nov 1, 2018 Supply/Service Need By Date: Jan 1, 2018

Project Title: Clean Energy Innovation Fund (Fund)

Vendor: Clean Energy Trust (CET)

Provide a description of the supplies or services required: Fund Management

Value: Actual Value of Initial Term, this Change Order or Amendment: 0

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 Source

Section II - Proposed Term

One-Time Purchase Term Contract

Estimated Contract Begin Date: Jan 1, 2019

Estimated Contract End Date: Dec 31, 2019

Number of Potential Renewals:

Length of Each Renewal in Months:

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):

No new funding will be provided. The project is already fully funded by the U.S. Department of Energy .

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)

The Federal/State Cooperative Agreement between U.S. Department of Energy and Illinois EPA requires Contract with Vendor.

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

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Bulletin Reference Number B-4665

Requesting Agency/University Illinois Environmental Protection Agency (Illinois EPA)

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 Dec 28, 2017 Dec 30, 2018 0

The Federal/State Cooperative Agreement between U.S. Department of Energy and Illinois EPA requires Contract with Vendor.

DOE18010 Sole Source

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

Section VI - Business Rationale

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

CET's continued management of the Fund is required by the U.S. Department of Energy.

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

Federal Grant agreement stipulates that that the Fund will continue to be administered by CET. The grant agreement states that CET will use a restricted revolving funding model to identify and invest in early-stage clean energy businesses and will manage the Fund to provide financial assistance to select, high-growth companies.

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?

CET was granted the Federal money used to create the Fund along with the requirements that flow with that money outside of Illinois EPA's control. CET is the only organization that can provide management of the CET-created Fund.

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:

The pre-existence of the Fund at CET.

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?

Alternative services cannot be considered because CET holds the funds that satisfy the U.S. Dept. of Energy grant.

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Bulletin Reference Number B-4665

Requesting Agency/University Illinois Environmental Protection Agency (Illinois EPA)

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?

No money will be exchanged between Illinois EPA and CET with this contract.

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 structure of the Fund, the U.S. Dept. of Energy award process, and investment-dependent nature of administrative expenses make competitive bidding akin to termination of the Fund in this case. If CET lost control over the CET-created fund, the State would have to first recapture the principal, interest, and return on all investments made by CET, thus removing the money from active investments, before giving the money to a third party. Neither of these consequences were contemplated by U.S. Dept. of Energy when it granted Illinois the funds.

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

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Bulletin Reference Number B-4665

Requesting Agency/University Illinois Environmental Protection Agency (Illinois EPA)

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 11-19-2018

Printed Name Chad M. Kruse E-mail Address chad.kruse@illinois.gov

Phone Number 312-814-5956

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 217-622-3110 Date Dec 5, 2018

Printed Name Sandy E. Robinson E-mail Address sandy.robinson@illinois.gov

Version 7.01 Page 5 of 5

Bulletin Reference Number B-4665

Requesting Agency/University Illinois Environmental Protection Agency (Illinois EPA)

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

Project Title Clean Energy Innovation Fund

Vendor Clean Energy Trust

Initial Date of Procurement Bulletin Posting

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

Printed Name Date

CPO E-mail

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