HomeMy WebLinkAboutBack-Up from Law DeptSec. 18-92. - Sole -source contracts.
(a) Conditions for use. Since it is not practicable for the city to use competitive bidding methods to
secure goods or services if there is only one reasonable source of supply, sole -source awards may
be made as an exception to the other methods prescribed in this section under the following
circumstances:
(1) Where the compatibility of equipment, accessories, or replacement parts permits one
reasonable source of supply;
(2) Where the goods or services available from a single source are needed for trial use or testing;
and
(3) Where the unique and specialized expertise of one source of services is unlikely to be obtained
from any other source.
(b) Determination, approval, and award. The determination that an award shall be made on a sole -
source basis shall be made by the chief procurement officer. Such determination shall be made in
writing and provide complete justification as to why no other sources of goods or services could be
obtained to meet the city's requirements. The determination shall also certify that the terms and
conditions of the award have been negotiated so as to obtain the most favorable terms and
conditions, including price, as may be offered to other customers or clients by the proposed
contractual party. For all contracts in excess of $25,000.00, such determination shall be submitted to
the city manager who may waive competitive sealed bidding after he or she makes a written finding,
supported by reasons, that only one reasonable source of supply exists. Such finding must be
ratified and the award approved by an affirmative four -fifths vote of the city commission or an
unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from
resignation, death, suspension, or physical incapacitation after a properly advertised public hearing.
(c) Public notice and disclosure. Notice that the city intends to award a sole -source contract exceeding
$25,000.00 shall be published at least once in a newspaper of general circulation in the city prior to
contract award, but in any event at least 15 calendar days shall intervene between the last date of
publication and the date of award. Such notices shall state the intention to award a sole -source
contract, the nature of goods or services to be acquired, the name of the proposed contractual party,
and the name and telephone number of a cognizant city official who may be contacted by other
potential sources who feel they might be able to satisfy the city's requirements. A record of such
notices and responses thereto shall be maintained in the contract file along with the written
determination required above, and a compilation of all sole source awards shall be maintained by the
chief procurement officer and shall include:
(1) The name of the sole -source contractual party;
(2) The nature of the goods or services procured;
(3) The reasons no other source could satisfy city requirements;
(4) The amount and type of contract; and
(5) The identification number for each contract file.
(Ord. No. 12271, § 2, 8-22-02; Ord. No. 13170, § 2, 5-13-10)