CI_DCS_Kitchen_Operations_1.14.2025_Approved.pdf

Page 1 of 4 SPO Form 101 - Competition Impracticable Procurement Authorization (Rev 10.17.23)

Procurement Determination:

Competition Impracticable Authorization A.A.C. R2-7-E303

SECTIONS I THROUGH III MUST BE COMPLETED BY THE REQUESTOR

USE ADDITIONAL PAGE AS NECESSARY

SECTION I - State Governmental Unit Request

SECTION II - Background

1. State Governmental Unit

2. Requestor 3. Email

4. Title 5. Telephone

6. Service(s)/Material(s)

7. Supplier

8. Contract ID

9. CI Type

10. Requesting Term 11. Estimated Cost

Arizona Department of Child Safety

Lex Sargento

Chief Procurement Officer

Achilles.Sargento@azdcs.gov

602-255-2864

1/23/25 - 1/22/26 $394,800/year

- Authorization Request for a new CI

Page 2 of 4 SPO Form 101 - Competition Impracticable Procurement Authorization (Rev 10.17.23)

SECTION III - Justification

12. Rationale

13. Provide details of the procurement need, reason for the competition impracticable, and how the proposed procurement is advantageous to the State

- Compliance with A.R.S. §§ 41-2533, 41-2534, 41-2538, or 41-2578 is impracticable

Page 3 of 4 SPO Form 101 - Competition Impracticable Procurement Authorization (Rev 10.17.23)

14. Describe the procurement process, strategy to promote competition, and determination that the price is fair and reasonable

15. I have conducted research and determined that no mandatory state contract is available for the service(s)/material(s)

16. If needed, I have attached additional documents/clarifications/explanations to the request

17. Signature 18. Date of Request

In accordance with the Procurement Rules, the Arizona Uniform Terms and Conditions must be made a part of all Contracts. If you will be required to sign a software licensing agreement or sign any other agreement containing terms and conditions, these will need additional review to ensure that the terms and conditions do not invalidate the Arizona Uniform Terms and Conditions. Approval of this request does not allow for agencies to exceed their dollar acquisition amount of delegated authority.

January 10, 2025

Page 4 of 4 SPO Form 101 - Competition Impracticable Procurement Authorization (Rev 10.17.23)

TO BE COMPLETED BY PROCUREMENT AUTHORITY

SECTION IV - Approval

19. Determination

20. Approved Expiration Date

21. Comments, conditions, or restrictions (as applicable)

22. Print Name 23. Title

24. Signature 25. Date of Approval

STATE GOVERNMENTAL UNIT NOTICE: This is an official written determination in response to a procurement authorization request.

A copy of the form shall be maintained by the State Governmental Unit and the State Procurement Office.

Upon completion, Requestor shall forward the signed form to the Contract Owner.

Contract Owner shall upload the signed approval version of this form in the eProcurement system.

If anticipated expenditure is above State Governmental Unit's delegation, forward document to SPOCompliance@azdoa.gov.

David Steuber (Jan 14, 2025 09:10 MST)

1/22/2026

David Steuber State Procurement Administrator

1/14/2025

- Request Authorized Pursuant to R2-7-E303 https://na1.documents.adobe.com/verifier?tx=CBJCHBCAABAA3vybFTL2FwEIjh4cQX-WHrLAqHh6S59K

Page 5 of 4 SPO Form 101 - Competition Impracticable Procurement Authorization (Rev 10.17.23)

26. Use section as necessary (or attach additional information and check box 16)

Text6: Kitchen Operations and Food Preparation at the ADCS Maricopa Welcome Center.

Service provides fresh, healthy meal choices for youth temporarily housed awaiting placement in a family-like setting or in congregate care. Children are provided 3 meals/day.

Text7: Arrow Development PO Box 12187 Glendale, AZ 85318 Wayne Smith Jr.

623-695-0997 wayne0015@hotmail.com

The Department recently took contract action by issuing a formal Demand for Assurance (DFA) to address concerns regarding allegations of non-payment of staff and the validity of fingerprint clearance cards on file. The contractor’s response was satisfactory and the DFA was closed on 7/2/24, with one of the fingerprint card applications pending appeal. The application pending appeal is for the owner of the contracted vendor, and it is the Department’s understanding that it is likely the appeal will be denied.

Section 5.1.4 of the Scope of Work via (CTR063951) requires the Contractor to ensure that all employees, independent contractors, subcontractors, volunteers and other agents comply with all applicable (current and future) legal requirements per State and Federal guidelines. This includes requirements impacting contract performance as it relates to the Central Registry Background Check, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks. ADCS requirement for successful fingerprinting to provide service to children is jeopardized.

Subsequent Vendor Performance Reports were submitted on 7/31/24 and 8/6/24 detailing unsatisfactory operational performance from the staff at the Welcome center as well as the documentation of mounting legal issues and concerns including another arrest of the owner, Mr. Jonathan Allen. There are uncertainties of the contractor conducting its daily business activities at the Welcome Center and meeting their contractual obligations.

Text12: ADCS identified Wayne Smith Jr, of Arrow Development, and the owner of the property at the Welcome Center, as a company that is able to take over the contract due to the circumstances of the current contracted vendor. Arrow Development is familiar with the kitchen operations and food preparation and was essential in the kitchen set-up for licensing.

It is in the best interest of the State and the children we serve, to allow the extension for an additional year, so the children can continue receiving service The contractor would provide stability for the Welcome Center youth and staff by continuing the kitchen operations with minimal disruption. In addition to providing cost savings for the Department estimated to be $10,000 per month, the extension will also allow the Department to execute a solicitation within a year of the executed Competition Impractical.

The Office of Procurement and Contracts will approach Arrow Development to outline the current scope of work with time-based deliverables to continue the kitchen operations.