Open Window Justification Worksheet(rev 10/23/12)
Contract System#:
Provider Name:
Name and Title -Enter the name and title of the Section Chief:
E.g., Kevin Ryan, MD, MPH, Section Chief
Need for Service – Must explain the need for the service, with who benefits from the service, what the measurable outcomes are, and the consequences if the contract it is not executed. (From DPH’s old Justification form, items 1A, 1B, & 1D):
How Procured and Contract Selection: This populates automatically from information entered on the contract’s main screen.
Competion Evaluation Selection: This populates automatically from the information entered in the RFA.
***Applies to Contracts that are generated from Renew Contract***
Renewal Summary –
Justify the renewal of the contract with the contract Provider/Contractor from a performance perspective. Did the contractor meet all expectations outlined in the previous contract (e.g., performance measures, targets, deliverables, reporting requirements, spending requirements, not on SOFL, etc.)?:
Describe the selection process if not populated by Open Window. Be sure to include the RFA/RFP/RFQ issue date, number of applications/proposals/quotes received, and the number of contract awards.
Describe why this contractor was selected. Describe the contractor’s qualifications. (From DPH’s old Justification form, items 6Bi, 6Bii, 6Biii).
*** Applies to Contracts that are Sole Sourced ***
Important Note: If contract is sole sourced with a private sector contractor, please contact Sharon Smith prior to completion.
Waiver of Competition Justification
Select Appropriate Waiver(s) – use only for a sole source contract.
When sole sourcing with a public agency, select the waiver “Product or service is available from another governmental agency.”
The requirement is for an authorized cooperative project with another governmental unit(s) or a charitable non-profit organization(s). “A Grant in Contract Form” is where a contract is between a state agency and a specialized provider such as a charitable non profit organization. The state agency is acting solely as flow-through for grant funding. Grants in Contract Form are managed through DHHS Request For Application Process but are exempt from review by State Purchasing and Contracts.Multiple Awards whereby all contractors/providers proven and determined to be eligible and/or qualified based on the grant requirement will receive funding
Performance or price competition is not available
Needed product or service is available from only one source of supply
Emergency or pressing need is indicated
Competition has been solicited but no satisfactory offers received
Standardization or compatibility is the overriding consideration
A donation predicates the source of supply
Personal or particular professional services are required
A particular medical product or service, or prosthetic appliance is needed
Product or service is needed for the disabled and there are overriding considerations for its use
Additional products or services are needed to complete an ongoing job or task Products are bought for "over the counter" resale
A particular product or service is desired for educational, training, experimental, developmental or Research work
Equipment is already installed, connected and in service, and it is determined advantageous to purchase it
Items are subject to rapid price fluctuation or immediate acceptance
There is evidence of resale price maintenance or other control of prices, lawful or unlawful, or collusion on the part of companies which thwarts normal competitive procedures
The amount of the purchase is too small to justify soliciting competition or where a purchase is being made and a satisfactory price is available from a previous contract
Requirement is for an authorized cooperative project with another governmental unit(s) or a charitable non-profit organization(s)
A used item(s) is available on short notice and subject to prior sale
Product or service is available from another governmental agency
Agency term contracts list of suppliers approved by DHHS
Waiver of Competition Justification - Substantiate the provider selection and why competition is being waived. Justify the selection of the Provider for the service, not the need for the service. Describe the contract requirements. Clearly define what is required from the Contractor in this contract, e.g., specific type of experience, certified trained staff, defined specialized knowledge, etc. Describe how this Contractor meets the requirements. (From DPH’s old Justification form, items 7Ci, 7Cii, & 7Ciii):
Public Agencies
Were other public agencies contacted?
Check the appropriate answer (Yes or No).
(A) If no, explain why other public agencies were not contacted or considered?
Possible explanations include:
Public agencies were eligible to apply to the RFA. X number of public agencies applied and X number were awarded.
Public agencies were not eligible to apply to the RFA. Give reason why (e.g., eligible public agencies already receive funding through Agreement Addenda.)
No public agency has the capacity to provide services in the catchment area.
(B) If Yes, is this a multi agency project? Answer Yes or No.
Public Agency–If other public agencies were contacted, they must be added, one by one in this field.
Enter the name of the first agency, then click the Add button.
E.g., The Division of Aging –then click Add
Explanation–If other agencies were contacted, and you entered the name of the Public Agency and clicked Add, this section will become available. Enter the explanation of the contact made and the response given in regards to this Public Agency.
E.g., The Division of Aging was contacted and they agreed to work on the project.
E.g., Wake County Health Department was contacted and they declined to work on the project.
Negotiation Process - Describe the negotiation process to determine if cost is reasonable. Include information on how cost is determined as reasonable:
I.e., How do you know the State is paying a fair price for the service? Was comparison data reviewed? Are salaries and FTEs in the same range as those for similar projects?