State of Maine Waiver of Competitive Bidding Request 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: Melody Foster Arlene Jones Est. Contract Amount: $733,333.00 Office/Division/Program of Contract Administrator: Contract or RQS Number: Purchasing Maine ID: DHHS Agreement Number: 11/1/2017 Proposed End Date: Maine Alliance of Boys and Girls Clubs Portland, ME 04112-7830 Improving Outcomes for Youth Proposed Start Date: Vendor/Provider Name, City, State Short Description of Good or Service: Please note, for transparency purposes, Waivers of Competitive Bidding will be publicly posted. Public postings are placed on the Division of Purchases’ website for a period of seven consecutive calendar days. Notice of Intent to Waive Competitive Bidding Number: Maine CDC / Division of Population Health/Shelia Nelson CT 10A 20171013*1382 COM-18-4429 6/30/2018 To be completed by the Division of Purchases Posting dates on Division of Purchases’ website: 12/4/2017 12/10/2017 From: ____________ To: ____________ NOI# 1220171937 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 of supply, or brand of that unit or item, is procurable by the State from only one source; 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 X procurement, please provide that reference here: Willing & Qualified BP37WCB Page 1 of 3 Rev. 8/28/2017 State of Maine Waiver of Competitive Bidding Request 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 Department issued a Request for Proposal (#201510185) in November of 2015 but did not receive sufficient proposals to support the program in geographic areas other than Southern Maine. The Department needs to provide this service statewide to provide programs focusing on improving employment and independence outcomes for youth. These activities are reasonably calculated to accomplish TANF purpose 3 and 4. These programs help maintain the relationship between staying in school and lowering teen pregnancy rates. 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. Current staffing structure and resources would not be sufficient, nor do they have the expertise for meeting the needs identified in this contract 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. All costs are consistent with competitive awards from RFP (#201510185). 5. Future Competition Please describe potential opportunities which may be available to foster competition for these goods or services in the future. All services will be competitively bid in alignment with the end of the procurement period of RFP #201510185 (July 1, 2019). BP37WCB Page 2 of 3 Rev. 8/28/2017 State of Maine Waiver of Competitive Bidding Request Form This vendor was selected to provide services ?to support the ?Improvmg Outcomes for Youth? programs statew1de As mentioned above, the signi?cance of this agreement is due to geography. Rural areas of the state have a need for this service, and this vendor can implement services. immediately for a one year timeframe until a new RFP can be issued. :1 7. Timei?rame (Complete only if B. is the Statutory Justi?cation marked on Page 1) - Please explain iftiine is of the essence and an emergency exists which requires the immediate procurement of goods or services. 1. Describe the nature of this emergency, provide the date by which the goods or services must be delivered, and explain how that date [.31 was determined and its signi?cance impact if delayed beyond this date). Also, provide information as to how it was determmed i; this vendor is the best option to address this time-sensitive procurement. By signing below, I signi?z that my Department requests, and I approve of this Waiver of Competitive Bidding. 3P37WCB Page 3 of 3 Rev. 8/ 28/ 2017