justification for exceptions to competitive … · 2020-09-29  · curriculums. one is offered by...

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JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE PROCUREMENT Revision Date – September 2020 Page 1 of 6 It is the policy of the Board that the County conduct an open, fair and full competitive solicitation process for the procurement of goods and/or services, with exemptions for certain goods, services and classes of procurement, and case-by-case exceptions, subject to a detailed review and approval process. The residents of Santa Clara County are best served when sound business decisions are made through a full and open competitive bidding processes. There may be certain instances when exceptions are warranted and justifiable. When a County agency/department recommends that competitive bidding is not practicable or in the best interest of the tax payers, appropriate justification supporting an exception must be submitted to the Procurement Department. Should you have any questions, please do not hesitate to contact: Cheryl Liu, Director of Procurement at (408) 491-7401. Date of Submission: Submit Document via Requisition Refer to the Contact and Commodity Assignment List for buyer code guidance. SECTION I Proposed Contractor/ Consultant: Total Estimated Value of the Award: Start Date: End Date: Description of Good/Service: User Budget Unit - Agency/Dept: Agency/Dept Abbreviation: Name of Requestor: Phone #: SECTION II Mark appropriate box for Contract’s Signature Authority Board of Supervisors Delegated to Department Head or designee Director of Procurement SECTION III Pursuant to Board Policy 5.6.5.1 (D)(2), the following are EXCEPTIONS to competitive bidding. Select the appropriate exception. Agencies/ Departments requesting an Exception must provide documentation to establish there is only one source or it is otherwise in the County’s best interest to waive the required bidding procedures. Sole Source: Pursuant to Board Policy 5.6.5.1 (D)(2)(a)(i) a Sole Source Procurement is a sourcing method used to procure a service without competition when it has been determined that there is only one source for the required service that is capable of meeting the requirements of the acquisition as defined in the Scope of Work or specification. Single Source: Pursuant to Board Policy 5.6.5.1 (D)(2)(a)(ii) a Single Source Procurement is a sourcing method used to procure a service from one source, without soliciting competition, even though there are other vendors that can provide the service as defined in the scope of work or specification. 09/29/2020 American Heart Association $ 54,500.00 11/01/2020 11/01/2022 Heartcode CPR Recertification Curriculum & Equipment 0921 - Valley Medical Center HHS Melissa Murphy 885-6747 Form ID: HHS-Sol-09/29/2020 DocuSign Envelope ID: 1A163497-0829-41A4-A0A1-81910ABBF356

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Page 1: JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE … · 2020-09-29  · curriculums. One is offered by The American Red Cross (adopted by SLRH earlier this year) and the AHA HeartCode

JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE PROCUREMENT

Revision Date – September 2020 Page 1 of 6

It is the policy of the Board that the County conduct an open, fair and full competitive solicitation process for the procurement of goods and/or services, with exemptions for certain goods, services and classes of procurement, and case-by-case exceptions, subject to a detailed review and approval process. The residents of Santa Clara County are best served when sound business decisions are made through a full and open competitive bidding processes. There may be certain instances when exceptions are warranted and justifiable. When a County agency/department recommends that competitive bidding is not practicable or in the best interest of the tax payers, appropriate justification supporting an exception must be submitted to the Procurement Department. Should you have any questions, please do not hesitate to contact: Cheryl Liu, Director of Procurement at (408) 491-7401.

Date of Submission:

Submit Document via Requisition Refer to the Contact and Commodity Assignment List for buyer code guidance.

SECTION I Proposed Contractor/ Consultant: Total Estimated Value of the Award:

Start Date: End Date:

Description of Good/Service:

User Budget Unit - Agency/Dept: Agency/Dept Abbreviation:

Name of Requestor: Phone #:

SECTION II Mark appropriate box for Contract’s Signature Authority

Board of Supervisors

Delegated to Department Head or designee

Director of Procurement

SECTION III Pursuant to Board Policy 5.6.5.1 (D)(2), the following are EXCEPTIONS to competitive bidding. Select the appropriate exception. Agencies/ Departments requesting an Exception must provide documentation to establish there is only one source or it is otherwise in the County’s best interest to waive the required bidding procedures.

Sole Source: Pursuant to Board Policy 5.6.5.1 (D)(2)(a)(i) a Sole Source Procurement is a sourcing method used to procure a service without competition when it has been determined that there is only one source for the required service that is capable of meeting the requirements of the acquisition as defined in the Scope of Work or specification.

Single Source: Pursuant to Board Policy 5.6.5.1 (D)(2)(a)(ii) a Single Source Procurement is a sourcing method used to procure a service from one source, without soliciting competition, even though there are other vendors that can provide the service as defined in the scope of work or specification.

09/29/2020

American Heart Association

$ 54,500.00 11/01/2020 11/01/2022

Heartcode CPR Recertification Curriculum & Equipment

0921 - Valley Medical Center HHS

Melissa Murphy 885-6747

Form ID: HHS-Sol-09/29/2020

DocuSign Envelope ID: 1A163497-0829-41A4-A0A1-81910ABBF356

Page 2: JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE … · 2020-09-29  · curriculums. One is offered by The American Red Cross (adopted by SLRH earlier this year) and the AHA HeartCode

JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE PROCUREMENT

Revision Date – September 2020 Page 2 of 6

SECTION III (cont.) Patent Rights: Pursuant to Board Policy 5.6.5.1(D)(2)(b), competition is precluded because of the existence of patent rights, copyrights, secret processes, control of the basic raw material(s) or similar circumstances, and there is no equivalent item or service.Absolute Compatibility: Pursuant to Board Policy 5.6.5.1(D)(2)(c), the following are Exceptions to Competitive Procurement for Goods/Professional Services. Select the appropriate exception:

(i) Replacement parts or components for equipment – performs the same function in the equipment.

(ii) Replacement parts or components for equipment – prevent compromise of safety or reliability of productor void or invalidate manufacturer’s warranty or guarantee.

(iii) Upgrades, enhancement or additions to hardware or software - compatibility

SECTION IV PURPOSE OF THE PURCHASE - Please describe the minimum requirements and the benefits of making the acquisition.

The purpose of the Purchase is as follows: 1. Following an American Heart Association (AHA) vendor system upgrade in 2020, and expiration of the current HealthStream HeartCode contract, the Health System must establish a new contract with AHA to continue use of the HeartCode program on the HealthStream platform. 2. The HeartCode online courses are provided through individual licenses that allow each County Health System employee/user to take an AHA online Cardiopulmonary Resuscitation (CPR) course for re-certification of the employee. 3. A new AHA contract, will allow the Health System to use available already purchased (unused) HeartCode licenses (for individual Heartcode courses for our employees) through the HealthStream Learning Management System. 4. The new AHA contract will also provide for upgrades to equipment required and needed to provide the AHA HeartCode courses to our Health System employees. 5. The new AHA contract is critically needed to avoid disruption of the delivery of AHA HeartCode CPR re-certification courses to County employees throughout the Health System. 6. Staff will be able to continue to complete the online portion of their courses using HeartCode licenses when scheduled by their department leadership, based on department needs. After online training completion, staff then complete a hands-on skills check-off using the voice-assisted manikins provided by the AHA. This ensures CPR skill competency for Health System employees.

DocuSign Envelope ID: 1A163497-0829-41A4-A0A1-81910ABBF356

Page 3: JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE … · 2020-09-29  · curriculums. One is offered by The American Red Cross (adopted by SLRH earlier this year) and the AHA HeartCode

JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE PROCUREMENT

Revision Date – September 2020 Page 3 of 6

SECTION V MARKET RESEARCH - Please describe your market research and the results thereof. This should include a description of similar sources or products available in the market, if any, and why they are not acceptable.

The American Heart Association (AHA) is a non-profit organization in the United States that fosters appropriate cardiac care in an effort to reduce disability and deaths caused by cardiovascular disease and stroke. Originally formed in New York City in 1915, as the Association for the Prevention and Relief of Heart Disease, it is currently headquartered in Dallas, Texas. The AHA is a national voluntary health agency and is recognized as the leader in the research of efforts to reduce disability and death caused by heart attack and stroke. The AHA is also recognized by national nursing and medical organizations as the standard for instruction and training of cardiopulmonary resuscitation (CPR) for staff working in health care facilities across the United States. Reasons why AHA is the only provider that can provide these services: 1. Santa Clara Valley Medical Center (SCVMC) has been an authorized AHA Training center for many years. The authorization allows SCVMC to teach AHA CPR training courses to employees working throughout the County of Santa Clara Health System, Public Health and Custody Health Services. 2. County Health System policies on CPR guidelines recognizes the AHA as the leading authority on CPR technique or method and the Health System has been using AHA programs and courses for Health System employees for many years. 3. The HealthStream online elearning system used by the Health System hosts two CPR re-certification curriculums. One is offered by The American Red Cross (adopted by SLRH earlier this year) and the AHA HeartCode curriculum which SCVMC and the Health System has been authorized to teach as an authorized AHA Training Center. 4. We are currently using the HeartCode online curriculum and equipment to re-certify Health System employees and have concluded that there is no product that is comparable in the marketplace.

DocuSign Envelope ID: 1A163497-0829-41A4-A0A1-81910ABBF356

Page 4: JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE … · 2020-09-29  · curriculums. One is offered by The American Red Cross (adopted by SLRH earlier this year) and the AHA HeartCode

JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE PROCUREMENT

Revision Date – September 2020 Page 4 of 6

SECTION VI BEST INTEREST OF THE COUNTY – Please provide a detailed description as to why a waiver of formal bidding is in the County’s best interest (e.g. product standardization, compatibility, proprietary access or distributorship and the consequences of not doing so. NOTE: A lack of advance planning, loss of funding, or insufficient time are not an acceptable justification for exceptions.)

SECTION VII FUTURE PLANS - Please describe the actions the department/agency will take to overcome the present barriers to competition prior to any future purchases of this product or service if this exception is approved.

1. Only with a new AHA contract, will the Health System be able to use the HeartCode curriculum and equipment that is currently being used and is integrated through our HealthLearning (HealthStream) Learning Management System and avoid any disruption to the current HeartCode program. 3. Resuscitation training is often a time and logistics challenge for health organizations, instructors and students (staff). Online training available at various Health System locations provides more flexibility to make best use of time and resources to complete these required certification trainings (BLS/ALS/PALS). 4. Staff will be able to complete the online portion of the courses as scheduled by their department leadership, based on department needs. After online training completion, staff then complete a hands-on skills check-off using voice-assisted manikins provided by the AHA. This ensures CPR skill competency for Health System employees. 5. HeartCode BLS, ACLS, and PALS Courses provide a flexible and efficient method for training large numbers of students across different care settings and varied locations of the Health and Hospital System.

The Department will continue to assess the marketplace every few years prior to the expiration of the contract to determine if their is any competitive platform provider that can provide these services for the Health System.

DocuSign Envelope ID: 1A163497-0829-41A4-A0A1-81910ABBF356

Page 5: JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE … · 2020-09-29  · curriculums. One is offered by The American Red Cross (adopted by SLRH earlier this year) and the AHA HeartCode

JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE PROCUREMENT

Revision Date – September 2020 Page 5 of 6

SECTION VIII SCOPE OF WORK/SPECIFICATIONS - Please provide all scopes of work or stated specifications. Information will be posted as an Advance Notice of Intent to Waive Competition to the public. Use an attachment for additional pages. SOW must include these elements: Objective (well-defined, quantifiable expected results include any significant deliverables & milestones) and Scope (what the work should or should not include; brief description of services desired; location of work). Do not include contract language, vendor information or pricing.

Upgrade of the current AHA HeartCode Program to the AHA HeartCode Complete program. • Current HeartCode license inventory will be exchanged for the new program format – HHS will not lose the inventory of licenses already purchased and will receive the updates to the science content in all programs delivered on the 1Stop platform. • The current license inventory would be made whole. • Exchange the current 5 sets of manikins and install and implement the new Heartcode Resuscitation Stations (Adult, Infant and Laptop). Implementation of the Heartcode Resuscitation Stations will include: 1. Technology Kick Off Call - Determined by our chosen go-live date 2. Shipping of the Resuscitation Stations to County locations 3. Testing of the 1Stop platform 4. RQIP testing of program files and Resuscitation Stations 5. Orientation and training in the use of the new platform

DocuSign Envelope ID: 1A163497-0829-41A4-A0A1-81910ABBF356

Page 6: JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE … · 2020-09-29  · curriculums. One is offered by The American Red Cross (adopted by SLRH earlier this year) and the AHA HeartCode

JUSTIFICATION FOR EXCEPTIONS TO COMPETITIVE PROCUREMENT

Revision Date – September 2020 Page 6 of 6

SECTION IX Requesting Agency/Department Contracts Manager:

Print Name:

Signature:

Phone:

Email:

Requesting Agency/Department Director: Print Name:

Signature:

SECTION X Decision and Required Steps Following Decision (to be completed by OCCM or Procurement)

Approved Attach to Legislative File

Attach to Delegation of Authority Coversheet

Attach to Service Agreement Checklist

Attach to PO/Contract File

Approved with Conditions Comments:

Additional Information Required

Comments:

Denied with Recommended Action

Comments:

SECTION XI Office of Countywide Contracting Management/Procurement Department Signature

Date:

Michael Perry

(408) 885-6710

[email protected]

Melissa Murphy

DocuSign Envelope ID: 1A163497-0829-41A4-A0A1-81910ABBF356