City of Richmond
Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.
Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:
Company Name: NELB Consultants LLC Contact Name: Nora Lake-Brown Address: 41685 Calle Pino
City: Murrieta State: CA Zip Code: 94652
Phone Number (949 ) 230-3391 E-Mail [email protected] Duration of Contract: 10/1/2023-6/30/2025
Estimated Cost: $ 231,835.92 Funding Source (Account String) 42141191-400217 Is the product/service IT related? Yes No X If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes No X For Product: Does the manufacturer sell the items) through distributors? Yes No X Description of Product or Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) Assigned Contract from DRA to NELB for Financial and Development Advisory Services - RHA Asset Repositioning. Financial Impact, Existing left-over DRA Contract Amount and Purchase Order (PO) will be transferred to new NELB Consultant LLC Contract and PO.
Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.
To support the implementation of RHA's Asset Repositioning strategy and PHARS agreement with HUD. It is imperative that financial services expertise continue with NELB uninterrupted for RHA which is in the midst of five real estate/financial transactions with significant financial risks, opportunities, and upcoming deadlines to reposition its affordable housing portfolio (Hacienda closing to permanent financing, Nevin rehabilitation monitoring, Nevin Phase 2 DDA, Richmond Village Section 18 Application, Nystrom MDA). NELB has a significant advantage as a consultant for RHA since they have been involved in all RHA asset repositioning real estate negotiations and are familiar with RHA positions. DRA's owner is retiring. RHA is still in need of the expertise of the remaining financial advisors, which will transition to NELB Consultants LLC (NELB). RHA retention of competent financial advisors has been a key component of RHA success on addressing the PHARS deliverables. The scope will remain the same for the assigned contract to NELB.
(if additional space is needed, include them in a separate page) Page | 1 Sole Source Form - Rev. May 12, 2016
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):
The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).
The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).
Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.
A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.
NELB will continue the work started by DRA, it will not be financially and strategically advantageous for RA to start a new process for a financial advisor given the current ongoing work of 5 real estate transactions. The former DRA members that make up NELB have been the only successful RHA financial advisor to date to move projects forward that stalled for many years.
Continuation of prior Work - Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence. (if additional space is needed, include them in a separate page) 2 | Page
I acknowledge the City's requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.
Department: Richmond Housing Authority
Requester Name and Title: Gabino Arredondo, Interim Executive Director Note: Requester must be able to defend this justification.
Date: 10/2 2023
Dapariment Director (Pim) Cabiro Arredondo (sin Male Clad Dare: 10/2/23 Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:
DATE: 103/23
NOT APPROVED: _ COMMENTS:
City Manager City Clerk Attesting to Council Approval
(Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted) Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.
PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.
Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.
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. Sole Source form must be signed by authorized department representatives). The certification will remain on file for audit purposes.
The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.
1. Personal preference for product or vendor.
2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements. 3| Page