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 the 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.
We-Go-Swing with 1 Accessible Bay DB Only, product number 277778A, from Landscape Structures Inc. to be installed by Ross Recreation, the exclusive distributor.
2. Please check one:
a. ___ SOLE SOURCE: Item is available from one source only. Item is one-of-a kind and is not sold through distributors. Manufacturer 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?) The We-Go-Swing is the first of its kind. It is a swing that allows for multiple wheel chairs to roll on to a platform and swing. The swing is propelled by the swing user, and those on the swing do not need to be pushed.
4. (a) Why are the unique performance features REQUIRED (not merely 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? This swing allows for those with disabilities to be a part of play. Where other swings require the assistance of others.
5. What other products/services 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.) Adaptive swings were the only other alternative but have limitations. Participants have to be lifted and buckled in. The We-Go Swing, allows anyone of any ability to walk or roll on to the platform and start swinging.
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.
N/A
I HEREBY CERTIFY THAT:
1. I am an approved department representative, and am aware of the City'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 withstand a possible audit or a vendor's protest.
REQUESTOR: Christopher Roke DATE: 9/28/22
DEPT. HEAD/ DIRECTOR: DATE: 9/28/22
FINANCE DIRECTOR:
APPROVED:
NOT APPROVED: DATE: ___/___/___
COMMENTS:
BY: ________________________________________
FINAL APPROVAL DATE:__/__/__
______________________________ ______________________________ City Manager City Council
(Up To $50,000.00) (Over $50,000.00)
SOLE SOURCE/BRAND REQUEST
B. PROCEDURE
Sole source/brand purchasing is an exception to the normal procurement function and requires a detailed justification.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your requisition. Your request will then be restrictive and non-competitive, and will fall into a sole source/sole brand category.
Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Please make copies of the Sole Source/Brand Request form for your future use.
The following factors DO NOT apply to sole source/brand requests and should not be included in your sole source/brand justification. They will not be considered and only tend to confuse the evaluation process.
1. Personal preference for product or vendor.
2. Vendor performance, and local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements.
4. Explanation for the actual need and basic use for the equipment, unless the information relates to a request for “unique factors” (refer to questions 2 and 3 from the Sole Source/Brand Request form).
5. A request for “no substitution” submitted without justification. This is a sole source/brand request requiring detailed justification including established sole source/brand criteria.
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