State of Maine Waiver of Competitive Bidding Request Form
(Formerly Sole Source Authorization Form)
Form Instructions: Please provide the requested information in the white boxes below. This form is to precede all contract requests that are not the
direct result of a competitive bid process.

DHHS DCM Contract
Administrator:

Maryann Harakall

Est. Contract Amount:

$ 1,750,000.00

Office/Division/Program and
Contract Manager:
Contract or RQS Number:
DHHS Agreement Number:
Proposed End Date:

MeCDC/ Disease Control
and Prevention/Kristen
McAuley
CDC-17-1681

10/1/2016
9/30/2017
Maine Medical Center
Portland, ME 04102
To support the development and implementation of programs and policies that will help to prevent
obesity through increased access to healthy nutrition offerings and physical activity opportunities
among Maine’s youth and adult populations.
Please note, for transparency purposes, Waivers of Competitive
To be completed by the Division of Purchases
Bidding will be publicly posted. Public postings are placed on the
Posting dates on Division of Purchases’ website:
Division of Purchases’ website for a period of seven consecutive
7/1/2016
7/7/2016
From: ____________
To: ____________
calendar days.
NOI#
Notice of Intent to Waive Competitive Bidding Number:
0720160970
1. Statutory Justification
State of Maine statute (5 M.R.S. §1825-B(2)) allows waivers of competitive bidding only for the specific reasons listed below.
Please mark the appropriate box (X) next to the justification which applies to this specific request.
A. The procurement of goods or services by the State for county commissioners pursuant to Title 30-A, section 124, involves
the expenditure of $2,500 or less, and the interests of the State would best be served;
B. The Director of the Bureau of General Services is authorized by the Governor, or the Governor's designee, to make
purchases without competitive bidding because, in the opinion of the Governor or the Governor's designee, an emergency
exists that requires the immediate procurement of goods or services;
If citing the above justification for
By signing below, I signify as the Governor’s designee there is an emergency that
this Waiver of Competitive Bidding
necessitates this non-competitive procurement.
request, please have the requesting
Signature:
Department’s Commissioner or
Chief Executive (as the Governor’s
Printed Name:
Date:
“designee”) sign and date on the
right.
C. After reasonable investigation by the Director of the Bureau of General Services, it appears that any required unit or item
X
of supply, or brand of that unit or item, is procurable by the State from only one source;
Proposed Start Date:
Vendor/Provider
Name, City, State
Short Description
of Good or Service:

D. It appears to be in the best interest of the State to negotiate for the procurement of petroleum products;
E. The purchase is part of a cooperative project between the State and the University of Maine System, the Maine
Community College System, the Maine Maritime Academy, or a private, nonprofit, regionally accredited institution of
higher education with a main campus in this State involving:
(1) An activity assisting a state agency and enhancing the ability of the university system, community college system,
Maine Maritime Academy, or a private, nonprofit, regionally accredited institution of higher education with a main
campus in this State to fulfill its mission of teaching, research, and public service;
(2) A sharing of project responsibilities and, when appropriate, costs;
If citing the above justification for this sole source request, please note that the specific approval of the Governor’s Office is
required, in accordance with Executive Order 26 FY 11/12, “An Order to Enhance Competitive Bidding”. The approval must
be documented on DAFS/BGS/Division of Purchases “GOVCOOP” form, found here:
http://www.maine.gov/purchases/info/forms/govcoop.doc.
F. The procurement of goods or services involves expenditures of $10,000 or less, in which case the Director of the Bureau
of General Services may accept oral proposals or bids;
G. The procurement of goods or services involves expenditures of $10,000 or less, and procurement from a single source is
the most economical, effective and appropriate means of fulfilling a demonstrated need.
If a different authorization specifically allows for this non-competitive
procurement, please provide that reference here:

BP37WCB (formerly BP37SS)

Page 1 of 3

Rev. 8/26/2015

 State of Maine Waiver of Competitive Bidding Request Form
(Formerly Sole Source Authorization Form)
Please note that the following four points below (#2 through 5) all require a response.
2. Description of Specific Need
Please identify, and fully describe, the specific problem, requirement, or need the resulting non- competitive contract would address
and which makes the goods or services necessary. Explain how the requesting Department determined that the goods or services are
critical and/or essential to agency responsibilities or operations.
The services under this contract will support development and implementation of obesity prevention training, technical assistance,
and resources in multiple settings including, the early care and education system (licensed childcare facilities and Maine’s school
administrative units), worksites and health systems. This work will be specifically focused on increasing physical activity and
nutrition opportunities and improving current efforts to advance prevention and increase the number of youth and adults at a healthy
weight.

3. Availability of other Public Resources
Please explain how the requesting Department concluded that sufficient staffing, resources, or expertise is not available within the
State of Maine’s government, or other governmental entities (local, other state, or federal agencies) external to the requesting
Department, which would be able to address the identified need more efficiently and effectively than the identified vendor.
The resources and staff necessary to address this contract’s deliverables are not available within the Department. Governmental
agencies alone do not have the ability to engage in the necessary outreach at the local level and in the desired settings to achieve the
intended outcomes.

4. Cost
Since a waiver of competitive bidding is being requested for this procurement, please explain how the requesting Department
concluded the negotiated costs, fees, or rates are fair and reasonable.
Project costs are based upon the current contractual numbers from the competitively awarded contract with this provider. Additional
funding is being added to this contract due to consolidation of these services into a single entity. The expenses and salaries are
reasonable and the organization has found ways to coordinate functions that result in cost-savings to the agency and the Department
as a result of the prior contract.
5. Future Competition
Please describe potential opportunities which may be available to foster competition for these goods or services in the future.
The Department does not have immediate plans for competitively bidding these services. An RFP for similar services at a lesser
scope was released in 2015 (RFP# 201412883) to which Let’s Go! was the only bidder.

Please note that only one of the two points below (“Uniqueness” or “Timeframe”) requires a response.
Requesting Departments are not required to respond to both points.
6. Uniqueness
Please explain if the goods or services required are unique to a specific vendor. Describe the unique qualifications, abilities, and/or
expertise of the vendor and how those particular unique factors address the specific need identified above. If the vendor has unique
equipment, facilities, or proprietary data, also explain the necessity of these particular unique assets.
Maine Medical Center’s program “Let’s Go!” is the single entity that maintains an infrastructure to support immediate access into the
respective settings. Further, there is brand recognition of Let’s Go! that many stakeholders both recognize and “buy-into,” from
public health to healthcare to education and beyond.
This provider is uniquely poised to expand on previous efforts and has an existing infrastructure that will support immediate
outreach and connection to a broad audience. The provider has resources in place that will link with existing technical assistance
networks and partners to increase the state’s capacity to reach and impact the population through a multi-sector approach, using
evidenced based tools and quality improvement processes to assess and evaluate efforts.

BP37WCB (formerly BP37SS)

Page 2 of 3

Rev. 8/26/2015

 State of Maine Waiver of Competitive Bidding Request Form
(Formerly Sole Source Authorization Form)
Timeframe
I
Please explain if time is of the essence and an emergency exists which requires the immediate procurement of goods or services.
Describe the nature of this emergency, provide the date by which the goods or services must be delivered, and explain how that date
was determined and its significance (i.e. impact if delayed beyond this date). Also, provide information as to how it was determined '
this vendor is the best option to address this time-sensitive procurement.

7.

Signature of requesting
Department's Commissioner or
Chief Executive
(or designee within the
Commissioner's Office):
Printed Name:

By signing below, I signify that my Department requests, and I approve of this Waiver of
Competitive Bidding

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Date:

BP37WCB (formerly BP37SS)

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Rev.S/26/2015