notice of intent to award a sole source procurement

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Notice of Intent to Award a Sole Source Procurement Subject: Maintenance, Repair and Equipment of Huber Technology and Kubota Membranes Date: December 16, 2019 Document Number: 2020-21 Written Response Due: December 26, 2019 Time: 02:00 PM EST E-mail Address: [email protected] 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 Huber Technology and Kubota Membranes. The Town will contract this procurement with Moss Kelly/ MKI Services. 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 [email protected]. Note the number of the Sole Source Information inquiry on documentation.

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Notice of Intent to Award a Sole Source Procurement Subject: Maintenance, Repair and Equipment of Huber Technology and Kubota Membranes Date: December 16, 2019 Document Number: 2020-21 Written Response Due: December 26, 2019 Time: 02:00 PM EST E-mail Address: [email protected] 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 Huber Technology and Kubota Membranes. The Town will contract this procurement with Moss Kelly/ MKI Services. 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 [email protected]. Note the number of the Sole Source Information inquiry on documentation.

Sole / Single Source Request Justification(For Noncompetitive Purchases over $2'500)

lrfss-?o20 -zl$!!IMG: Per Florida Statutes 838.22(2) - Ir is unlawfirl forcantBcted with a govemmental entity to assist in a comp€titive

a public servant or a public conuactor who has

procurement to knowingly and intentiomlly oblain a

benefit for any person or to cause unlawful harm to another by circumventing a comp€titive solicitation proc€ss

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

To: Budget & Finance / Purchasins Division:

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

Requestor Name John A. McGeary& Title: Chief OperatorWM/

RequestorDept./Division:

Phone Number:

Utilities

9il-327-3759 Requisition Numbe r

Company Name: MKI/ Moss-Kelly

Contact Name: Ben McDorman

Address:

City, State, Zip

E-mail:

Telephone:

210 University Drive

Coral Springs, FL 33071

[email protected]

9s4-755-2092

Is the recommended company the manufacturer? I Yes ENo

Does the manufacturer sell the item(s) through distributors? E Yet E No

Describe the full scope orwork contemplated including installalion if required; items should include brqnd

model and part number if applicable.

MKI/Moss-Kelly is the only authorized municipal rep for Huber screens in Florida. MKI/Moss-Kelly

iJ also the authorized repior Kubota membranes in the State of Florida. (See attached letters)

Sole Source Justificatioo over $2,500

Recommended Sole/Single Source procurement action with:

Page I of4

Sole / Single Source Request Justilication(For Noncompetitive Purchases over $2,500)

ldentify the date yru need itemdelivered or work performed.

of Sole/Sin {

One-Time: applies to a single requisition and purchase order for the current fiscal year

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

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

$

Source Check One Sole Source s Source

Is there a contract related to these services? l-l v.,fZ No If, yes has legal reviewed itfiYes [No

SOI,E/SINGLE SOURCE RATIONALEl$ii-6 1rhy th" r""o--end"d *mpany is the only company who can perform the requirem€nt. Address the

foliowing: Are there any other companies who can do this job? What condition (e.g. lechnological superiority, or

performance risks, efc.j exists so thal the recommended company has a significant advantage ovel aDy other

company who can do this job?

It is impofanf to suffciently address the major reason for conducting a noncompetitive procurement, avoiding

peripheral issues which d€tract from the main reason and reduce the credibility of the justificalion'- The rational

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

as applicable.

Use additional sheets if necessary.

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

The required items are proprietary to the Contractor

A specific item is needed:

A to be compatible or interchangeable with existing hardware,

n as spare or replacement hardware,

A for the repair or modification of existing hardware, or

for technical evaluation or test.

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

Verification from manufacturer is attached

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

VI

Sole / Single Source Request Justification(For Noncompetitive 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 territoryVerification from manufacturer is attached.

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 identifed and why they are not

able to meet lhe requirements.

MKI/Moss-Kelly is the only authorized municipal rep for Huber screens and Kubota

membranes in Florida. see attached letter. we have a Huber screening system and a

Kubota membranes converting to any other manufacture would require engineering

specs, possible building modifications, changing out of associated sub-systems and/or

extensive electrical modifi cations.

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-

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

and emphasize their inability to overcome the subslantial technical risk-

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

other improvement could be made in the incumbent contractor's performance (e.g., the

Sole Sourc€ Justification over $2,500 Page 3 of4

tra

tr

Sole / Single Source Request Justification(For Noncomp€titiye Purchases over $2,500)

chances of another firm winning a competition are clearly remote). Please provide a

brief explanation.

ACKNO DGEMENT

This section must be completed:

I am aware of the Town's requirements for competitive bidding for purchases over

$2,500.00 and the criteria for justification for Single source/Sole. I have gathered the

required technical information and have made a concerted effort to review

comparable/equal equipment (e.g., market research). I have attached the pertinent

documentation showing what market research was conducted to preclude other items

from consideration.

Requestor Signa Date

Q"" b^ rt4*-44 t/-/s-11Department Director Signature

To be complete by Purchasing staff:

Date

The Town has advertised the above request on the Town's website in accordance with

State ofFlorida Statute 287.057 and no challenges or protests were received' *

Date:Buyer:

Procurement Manager Si gnature:

If approved by Town Council: Resolution Number:

Date:

iAll requests for Sole/Single Source will be advertised on the Town's website for a minimum of

7 days prior to approval from the Procurement Manager.

Page 4 of4Sole Source Justification over $2,500

HUEER-EEIIIEIEEUWASTE UTATER Solutions

october 22, 2019

Town of Davie

Water Reclamation Facility

Subject - Sole Source Letter

To whom it may concern:

This letter serves as a sole source document for servicing and supplying OEM parts and equipment for

products manufactured by Huber SE, HydroPress Huber AB and Huber Picatech AG'

Huber Technology lnc. is a subsidiary of the original manufacturer, Huber sE and the only source for authorized

service technicians in the United States and Canada. Moss (eltey, lnc./MKt Services, lnc. represents Huber

Technology tnc. in the state of Florida and has the authority to distribute oEM parts and equipment.

Please let me know should you need further details.

Sincerely,

Henk-.lan van EttekovenDirector of Service and Manufacturing

9735 Northcross Center Court I Suite A I Huntersville I NC I 28078 | UsA

Office (704) 949-1010 | Fax (704) 949-1020 | www huber-technology'com

For Earth, For LifeKtrrota

November 4th, 2019

John MccearyTown of Davie

Chief Operator Utilities Department

Subject: Kubota Membrane Supply for the State of Florida

Dear John,

I heard from our local representative, Ben McDorman at Moss Kelley/MKl Services that maybe there is a

bit ofconfusion on who can supply replacement parts for Kubota membrane units. The purpose ofthis

letter is to clarify that situation.

As you are aware, ovivo usA provided the MBR system for the Town of Davie, which included Kubota

Submerged Membrane Units (SMU).

ln 2013, Ovivo and Kubota terminated their exclusive relationship in the US market'

Kubota continued t o supply replocement membranes through Ovivo (and their local representativel

through August 2018. ln september 2018, the membrane replacement supply contract between ovivo

and Kubota was also terminated. ovivo is no lonSer able to supply official Kubota replacement parts for

any US installations.

since ovivo was essentially a mlddle man in membrane replacement, terminating this agreement with

Ovivo allows Kubota to supply factory direct and at a better price.

Kubota also provides optional membrane supply contracts with our US installations. The membrane

supply contract allows the client to lock in at below market replacement costs now and then order them

in ihefuture as they are needed. lf you are interested, let me know and we can work something up for

your facility.

Our local representative, Ben McDorman at Moss KellEy/MKl SeMcet is our exclusirc distributor for

replacement parts for your facility. Please contact Ben with any requests you may have in the future.

I trust this clarifies the situation and removes any confusion on who you should contact for any replacement

membrane parts and comPonents.

lf you have any questions or need to discuss, please feel free to contact me or our local representative,

Ben McDorman at (954) 755-2092'

Regards,

Damone Supica, PE

Product Engineer I Kubota Membrane USA Corporation

Cell 425-248-7 897 Email: [email protected]