MBG_-_Justification_Form.pdf

�r�Ysl�9 Purchasing

Services

BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS

SINGLE/SOLE SOURCE JUSTIFICATION AND APPROVAL FORM

PLEASE FORWARD ALL RE UESTS 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.)

PART 1- GENERAL REQUESTOR INFORMATION

Date Submitted: 01/31/2025 Requesting Department: ..:..P u b .... lic

W=o r .... ks __________ _

Requisition #: ___ _ Contact Person/Phone #: Jeanette ScotU321-350-8316

One-time Purchase 18:J // Annual Purchase D

Amount of Purchase: $181,500.00 (One time) II ______ (Estimated annual amount)

PART 11- RECOMMENDED VENDOR INFORMATION

Vendor/Contractor Name: The Mitigation Banking Group, Inc.

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Vendor/Contractor Email: victoria@mitigationbankinginc.com

PART 111.:... SINGLE/SOLE SOURCE VALIDATION

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

Mitigation Banking Group (MBG), through either the Green Wing or Webster Creek Mitigation Banks (both owned by MBG), will provide the required forested estuarine credits: DMMA project

0.45 x $300K = $135,000 and Island Pioneer Trail Connection project 0.1 x $300K = $30,000.

Mitigation is needed to meet SJRWMD permitting requirements. Added 10% for contingency.

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.

The mitigation bank credits need to be purchased in Basin 21. Tetra Tech, the County's project engineering consultant, has identified two mitigation banks, Webster Creek and Green Wing Mitigation Banks (both owned by MBG), which have forested estuarine credits available where the project is within the service area.

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).

The required forested estuarine credits must be purchased on Basin 21. At this time, MBG has the only banks that can provide the required mitigation credits to meet SJRWMD permitting.

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 ANP APPROVALS

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.

S tt J tt Digitally signed by Scott, Jeanette

Requisitioner Signature: co • eane e Dale:2025.01 .302246:1 6-05'00' Date:-----

Requesting Department Director Signature:

Central Services Office Director or � �Cr,{ J, l / 3 / /d-.s;- Purchasing Manager's approval: -�-t---t---�-��--�---------Date: ____ _

Assistant County Manager/County M nag r Appro val (as applicable-ACM $50K-$100K//County

Manager $100K-$200K// BoCC $200K<):

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Sole Source Approval ID #: 4640203