Notice of Intent to Award a Sole Source Procurement Subject: Maintenance, Repair and Equipment of TomCO2 Systems Date: December 16, 2019 Document Number: 2020-27 Written Response Due: December 26, 2019 Time: 02:00 PM EST E-mail Address: eleogue@davie-fl.gov Fax Number: 954-797-1049 This is not a Request for Proposals and there is no solicitation available. The proposed contract action is for product or services for which the Town intends to negotiate and award with only one source under the authority of the Town of Davie, Purchasing Manual Section 5 and State of Florida Statute 287.057(5)(3)(c). Any responses received as a result of this Notice of Intent shall be considered solely for the purpose of determining whether to conduct a competitive procurement. Responses will not be considered as proposals, bids, or quotes. The Town of Davie, Florida intends to negotiate a sole-source procurement for Maintenance, Repair and Equipment of TomCO2 Systems. The Town will contract this procurement with TomCO2 Systems. Interested firms or individuals may identify their interest and capability to respond to the requirement by submitting in writing their name, address, point of contact, telephone number, email, and a statement regarding capability to provide the specified procurement. Interested firms will be considered only if they respond with clear and convincing documentation that they are capable of meeting or exceeding the requirements stated herein. All responses received within seven (7) calendar days after the date of publication of this synopsis will be reviewed by the Town. A determination by the Procurement Manager & sourcing Buyer not to compete this proposed action based on the responses to this notice is solely within the discretion of the Procurement Manager. Purchases over $25,000 will be forwarded to the Town Council for approval by resolution. All responses must be in writing and returned to ATTN: Erica Leogue, Buyer, Town of Davie, 6591 Orange Drive Davie, FL 33314, by facsimile (957-797-1049), or via e-mail to eleogue@davie-fl.gov. Note the number of the Sole Source Information inquiry on documentation.

S!!!!!!!Q: Per Florida Statutes 83t.22(2) - It is unlawful for a public servanl or a public contractor who has

contractea rrith a govemmental entity to assist in a competitive procurement to knowingly and intenlionally obtain a

benefit for any person or to cause unlawful harm lo another by circumventing a competilive solicitation process

required by law or rule through the use ofa sole-source contract for commodities or services.

Sole / Single Source Request Justilication(For Noncompctitive Purchases over 32,500)

lr1s-p2e-27

To: Budget & Finance / Purchasinq Division:

Your approval is requested to initiate a sole/single source procurement action:

Requestor Name Raul Sotelo& Title: Chief Operator

Req uestorDept./Division:

Phone Number: 954-327-3748 Requisition Number

Company Name:

Contact Name: Fred Roy

Address: 3340 Rosebud Road

City, State, Zip Loganville, GA 30052 USA

E-mail: tomcosystems.com

Telephone: 770-979-8000

Is the recommended company the manufacturer? [ Yes E No

Does the manufacturer sell the item(s) through distributors? ! Yes En Uo

If ves. nlease have nufactu nrovide a t of all authorized distributors.

Describe the full scope ofy/ork conlemplaled including inslallalion ifrequired; items should include brqnd,

model and Wt number if qPPlicable-

Sole Souce ,ustification over $2,500 Page I of4

Utilities

Recommended Sole/Single Source procurement action with:

TOMCO Svstems

Sole / Single Source Request Justification(For Noncompetitive Purchases over $2J00)

ldentify the date you need itemdelivered or work performed.

of Sole/S e Source Check One Sole Source S Source

Is there a contract related to these services? E Ye.ffi No tf, y"s has legal reviewed it[JYes ENo

The required items are proprietary to the Contractor

A specific item is needed:

V to be compatible or interchangeable with existing hardware,

as spare or replacement hardware,

V for the repair or modification of existing hardware, or

Vfor technical evaluation or test.

vendor is the original equipment manufacturer; there are no regional distributors.

Verification from manufacturer is attached

{

One-Time to a single requisition and ordcr for the current fiscal year

On-Going: Applies to multiple purchases to be made for one year fiom date

Sole/Single Soure approved.Eslimated Annual Expenditures for one year:

S Depndanl on ulage / V\4thin btdgel l ils

I

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Sole Source Justification over $2,500 Page 2 of 4

a

SOI,E/SINGLE SOI.,IRCE RATIONALEffiluin why th"luin wl,y th" r"*--"nd"d company is the only company who can perform ths requirement- Address the

foliowing: ,{r" th"re arry ot]1er companies who can do this job? What condition (e.g. technological superiority, or

performance risks, etc.) exists so that thc recommended company has a significant advantage over any other

company who can do this job?

It is important to sufficiently address the major reason for conducting a noflcompetitive procurement, aYoiding

peripheral issues which detract from the main reason and reduce the credibility of $e justification. The rational

musi be clear and convincing, avoiding generalities and unsupported conclusions. Use one or more ofthe following

as applicable.

Use additional shees ifnecessary.

A specific contractor is the only source ofthe required item because (check all that apply):

Sole / Single Source Request Justification(For Noncompetitiye Purchases over $2,500)

This is the only equipment that meets the specialized needs ofthe department and

performs the intended function. Detailed justification is attached.

Vendor is the sole distributor that is restricted by the manufacturer to our territory.

Verification from manufacturer is attached.a

It is not possible to obtain competition (i.e., only one source is capable of supplying the

items or meeting the requirements). In a brief explanation, provide supporting evidence

for the conclusion; other sources considered should be identified and why they are not

able to meet the requirements.

TOMCO was the only Vendor Contacted. because theyare the Sole Manufacture of TOMCO Water Treatment Equipment. Serviceand Repairs to TOMCO Water Treatment Equipment. \Nhile the currentequipment is functional. continuous 24 hour l7 day operation. in harshenvironmental conditions eventually result in breakdowns. To ensurecontinuity of services, repairs and or replacements must be handledexpeditiously.

There is a substantial technical risk in contracting with any other contractor, thereby

making that an unacceptable course of action (e.g., where only one contractor has been-

.r"."riful to date in implementing a difficult manufacturing process)' In a briefexplanation, provide supporting evidence of other contractor's with relevant capabilities

and emphasize their inability to overcome the substontial technical risk'

For support services effort, there is no reasonable expectation that a meaningful cost or

other i-mprovement could be made in the incumbent contractor's performance (e'g', the

Sote Souce Justification over $2,500 Page 3 of4

Sole / Single Source Request Justification(For Noncompetitive Purchases ov€r $2,500)

chances of another firm winning a competition are clearly remote). Please provid.e abrief explanation.

I am aware of the Town's requirements for competitive bidding for purchases overS2,500.00 and the criteria for justification for Single Source/Sole. I have gathered the

required technical information and have made a concerted effort to reviewequipment (e.g., market research). I have attached the pertinent

g what market research was conducted to preclude other iterns

7r/r-/,tRequestor ignature Date

ll-LL - t 7Department Director Signature Date

To be complete by Purchasing staff:

The Town has advertised the above request on the Town's website in accordance withState ofFlorida Statute 287.057 and no challenges or protests were received. *

Buyer Date:

Procurement Manager Signature:

If approved by Town Council: Resolution Number:

Date

Sole Source Jusification over $2.500 Page 4 of4

ACKNOWLEDGEMENT

This section must be completed:

+All requests for Sole/Single Source will be advertised on the Town's website for a minimum of7 days prior to approval from the Procurement Manager.

SYsTEMSTOMGO,

Odober22,2019

Town of Davie Water Treatment Plant

7351 S.W. 30h StreetTown of Davie, FL. 33314

Subject: TomCOz EquiPment ComPanY

Dear Mr. Sotelo,

Sincerely

This letter is to confirm that TomCOz Systems with manufuc{uring and

distribution offices in r-oganriii; de;igia ls tne sole.manufacturer of romcoz Systems

"qriJt li.ri

"ro is the soie p.'ia"iotio'Coz repair parts and TomCoz service'

-.- " ii i ""n

be of any furthlr assistance please do not hesitate to contact me.

ware. Tedlnologlcs Otvision

Px Z7O-979-8OOO

*7?O-i854179

TOMCo5ystems.(om

l34O RoQbud Ro.dl-ogatwitle, GA 3fi)52 USA

4-,4 jGwFred RoyCustomer serviceTomCOz SYstems678-892-7474800-8324262, ext. 203

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