H2O_Innovations_-_Justification_Form_with_Board_approval.pdf

FLORIDA'S SPACE COAST

Kimberly Powell, Clerk to the Board, 400 South Street • P.O. Box 999, Titusville, Florida 32781-0999

October 23, 2024

M E M O R A N DU M

TO: Edward Fontanin, Utility Services Director

Telephone: (321) 637-2001 Fax: (321) 264-6972

Kimberly.Powell@brevardclerk.us

RE: Item F.10., Sole Source Request with H2O Innovation USA, Inc_ for the Mims Water Treatment Plant Filtration Unit

The Board of County Commissioners, in regular session on October 22, 2024, approved the Sole Source Request for purchasing the filtration unit from H2O Innovation USA, Inc.; authorized the County Manager to execute the Sole Source Justification and Approval Form; and authorized the County Manager to submit the required Budget Change Request, amend the five-year Capital Improvements Plan (GIP) as it relates to this project, and any documents, reimbursement requests, amendments, or other administrative actions to initiate the sole source. Enclosed is the Approval Form.

Your continued cooperation is always appreciated.

Sincerely, BOARD OF C UNTY COMMISSIONERS

RACHE M. ADOFF, C

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Encl. (1) cc: Finance Budget

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Purchasing Services

BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS

SINGLE/SOLE SOURCE JUSTIFICATION AND APPROVAL FORM

PLEASE FORWARD ALL REQUESTS TO: Sin leSource brevardfl. ov

Sole Source: The ONLY known supplier for unique products and services where no other options are available.

Single Source: Though there may be alternate sources for the product or service requested, circumstances dictate the use of the proposed vendor. (i.e., availability, timeliness, location, etc.)

Date Submitted: 09/23/2024

Requisition #: ___ _

PART I - GENERAL REQUESTOR INFORMATION

Requesting Department: --'U"""'t=ili"'"ty'-=S=e'""'rv"""ic=-=e=s'---- --------

Contact Person/Phone#: Edward Fontanin, P.E./321-6 33-2091

One-time Purchase (El II Annual Purchase D Estimated

Amount of Purchase: $2,000,000.00 (One time) II ______ (Estimated annual amount)

PART 11- RECOMMENDED VENDOR INFORMATION

Vendor/Contractor Name: ""H�2 ..... O"-'-'ln"'"'n""o'""'v"""a'""ti-'-o--n--'U'-'S�A�ln�c�. __________________ _

Vendor/Contractor Contact Name: ..:..M:..:.;i c::.

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I....;G=-:i=sc l=-a:.:..ir ___________________ _

Vendor/Contractor Phone: ...,_(3-"-4_6""')--'2c...4=2---3'""'6--7....c5 _____________________ _

Vendor/Contractor Email: michael.gisclair@h2oinnovation.com

PART 111- SINGLE/SOLE SOURCE VALIDATION

1. Provide a detailed description of service/commodity to be provided by the vendor.

FlexBox_UF(TM) container, controls, and spare parts.

2. State why the recommended vendor is the only one capable of providing the required supplies and/or commodities. Include any back-up information or documentation that supports your recommendation. (Acceptable responses to this question will include strong pragmatic/technological information that supports the claim that there is only one vendor that can provide the services and/or commodities). Attach vendor letter and additional sheet if necessary.

According to Utility Services Consultant, Black and Veatch (BV), this particular filter unit by H2O Innovations (H2O) appears to be unique in that it houses up to 2.5 million gallons per day (MGD) of filtration capacity in a single module, more than double the capacity of any other Ultrafiltration unit the Consultant could identify in the industry, and more than 2-3 times the capacity of the

3. List any other sources that have been contacted and explain in detail why they cannot fulfill the County's requirements. (Responses to this section should include information pertaining to any research that was conducted to establish that the vendor is a sole source.

Responses should include information pertaining to discussions with other potential suppliers, and why they were no longer being considered by the County).

BV contacted H2O and 7 other membrane filtration system vendors . Of the 8 vendors , 5 could not provide a modular 2 MGD capacity system. Of the 3 vendors that could provide 2+ MGD capacity (Veolia, Aria Filtra, and H2O), H2O was the only vendor offering a single 2.5 MGD container unit, resulting in significant cost and footprint savings compared to the other 2 vendors.

Check all entries below that apply to the proposed purchase which exempt formal competition. Attach a memorandum containing complete justification and support documentation as directed in the selected entry. (More than one entry will apply to most sole source products/services requested).

1. SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER.

THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer's written communication that no regional distributors exist. Item no. 4 must also be completed.)

2. SOLE SOURCE REQUEST IS FOR THE ONLY STATE OF FLORIDA DISTRIBUTOR OF

THE ORIGINAL MANUFACTURER OR PROVIDER. {Attach the manufacturer's - not the distributor's - written certification that identifies all regional distributors. Item no. 4 must also be completed.)

3. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF

ANOTHER MANUFACTURER. PARTS ARE "DIRECT REPLACEMENTS"

PARTS/COMPONENTS FOR EXISTING EQUIPMENT. (Explain in a separate memorandum.)

4. THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED

NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach separate memorandum with details of specialized function or application.)

5. THE PARTS/EQUIPMENT REQUIRED FROM THIS SOURCE ARE TO PERMIT

STANDARDIZATION. (Attach separate memorandum describing the basis for standardization request.)

6. NONE OF THE ABOVE APPLIES. A DETAILED EXPLANATION AND JUSTIFICATION FOR

THIS SOLE SOURCE REQUEST IS CONTAINED IN AN ATTACHED MEMORANDUM.

PART IV - CERTIFICATION AND APPROVALS

I have reviewed the following Single/Sole Source justification and concur with the request, fully understanding the implications of Section 838.22 of the Florida Statutes:

(2) "It is unlawful for a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another by circumventing a competitive solicitation process required by law or rule through the use of a sole-source contract for commodities or services."

(3) "It is unlawful for any person to knowingly agree, conspire, combine, or confederate, directly or indirectly, with a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to violate subsection (1) or subsection (2)."

(5) "Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

Each undersigned individual hereby attests that he/she took part in the non-competitive procurement identified above, and has reviewed Florida Statutes, Chapter 838 as it relates to sole source contracts, and that he/she is independent of, and has no conflict of interest in, the entity evaluated and selected.

Requisitioner Signature: _____________________ Date: ____ _

Requesting Department Director Signature: _______________ Date: ____ _

Central Services Office Director or Purchasing Manager's approval: __________________ Date: ____ _

Assistant County Manager/County Manager Approval (as applicable-ACM $50K-$100K//County Maeagec $100K-$200K/I BoCC $200K<): V / /) // ::JA

# -��-�---���-------Date: /0 l,,,V '?tj As approved by the Board 10/22/2024.

Sole Source Approval ID#: 4511007 angel.dutton Stamp