CITY OF HERCULES
SOLE SOURCE/BRAND REQUEST
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY SOLE SOURCE PURCHASE When a request is made for a non-competitive purchase of goods or services and the specification or special circumstances limit the bidding to one source and/or one brand or trade name, the requesting department must complete this form for City Manager approval . Please answer in the space provided, or in an attachment address by specific reference, each question listed below (1-5) in your justification. Be sure to answer each part of each question. Failure to respond fully to any of the questions could result in delay or rejection of your request due to inadequate justification.
1. Using appropriate detail, such as brand name, model number etc., briefly describe the product you wish to purchase. In the case of a service use enough detail to clearly describe to someone not familiar with the process what you are purchasing. Sole source consulting contract with Gray Bowen Scott (GBS) to advance the Regional Intermodal Transit Center (RITC) for grant funding and project readiness.
2. Please check one:
a. X_ SOLE SOURCE: Item is available from one source only. Item is one-of-a kind and is not sold through distributors. Manufactu rer is exclusive distributor. Special circumstances merit consideration of sole source to save money and/or time. b. ___ SOLE BRAND: Various sources can supply the specified model and brand; competitive bids will be solicited for the requested brand only. Meets form, fit and function - nothing else will do.
c. ____ STANDARDIZATION REQUEST: The Department requires the item to standardize parts, design, quality etc. (This requires a detailed memo with analysis and justification.)
3. What are the unique performance features of the product, brand or service requested that are not available in any other product , brand or service? (For services: What unique qualifications, rights, and/or licenses does this vendor possess?) GBS has experience providing strategic guidance on grants and government affairs for the RITC since 2012.
4. (a) Why are the unique performance features REQUIRED (not m erely preferred), and how would your requirement be inhibited without this particular service/item? OR (b) What are the unique circumstances that COMPEL (not merely make easier) the recommendation of this service/item at this particular time? To date $46M in grant funding has been programmed for the RITC. An additional $70M is needed to build the infrastructure necessary for a train to stop. There is a unique window of opportunity over the next 5 months to pursue grant funding for the RITC as an unprecedented amount of federal and state grant funding for pandemic relief, economic stimulus, and infrastructure invest ment is becoming availa ble on a
Agreement No. 22-040
Resolution No. _________
DocuSign Envelope ID: 90ADAD17-4CF1-4677-AB66-F7448841A11B Sole Source Form Page 2
competitive basis. GBS is the only consultant with the experience needed to best position the City to receive grant funding and there is insufficient staff resources for this intensive effort.
5. What other products/servic es have been examined and rejected, and why ? (Please provide a specific meaningful explanation, one vendor one feature at a time. For products be sure to clearly identify the product by name and model number and include the name, address, and telephone number of the company representative who’s product you tested. ) While there are other consultants that could be used, they do not have experience with the RITC including past and future funding sources and grants; detailed knowledge of the project complexities; and historical project-related relationships with local, regional, state, and federal agencies and elected officials.
6. If justification is based on matching and/or intermixing with existing equipment (refer to 1.c.), list the quantity, manufacturer, brand, and model of the existing equipment, and why the matching is required not simply preferred.
I HEREBY CERTIFY THAT:
1. I am an approved department repr esentative, and am aware of the Ci ty's requirements for competitive bidding, as well as the criteria for justification for sole source/brand purchasing.
2. I have gathered the required technical information and have made a concentrated effort to review comparable and/or equal equipment/service.
3. The information contained herein justifying my request for sole source/brand purchasing and is valid in regard to meeting the City's criteria.
4. I believe that a sole source/brand purchase in this case would w ithstand a possible audit or a vendor's protest.
DEPT. HEAD/ DIRECTOR: ___________ DATE: ___________
FINANCE DIRECTOR: ___________
APPROVED/NOT APPROVED: DATE: ___________
COMMENTS:
BY: ________________________________________
FINAL APPROVAL DATE: ___________
______________________________ ______________________________ City Manager City Council
(Up To $50,000.00) (Over $50,000.00)
DocuSign Envelope ID: 90ADAD17-4CF1-4677-AB66-F7448841A11B 8/1/2022
Michael Roberts
Edwin Gato
8/1/2022APPROVED