HomeMy WebLinkAboutBack-Up from Law DeptSec. 18-73. Definitions.`
Sole source means the only existing source of the item or service which meets the needs of the using
agency, city department, office, board, city commission, or trust, as determined by a reasonably
thorough analysis of the marketplace.
Sec. 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;
Where the goods or services available from a single
source are needed for trial use or testing; and
Where the unique and specialized expertise of one
source of services is unlikely to be obtained from any
other source.
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;
The nature of the goods or services procured;
The reasons no other source could satisfy city
requirements;
The amount and type of contract; and
The identification number for each contract file.
(Ord. No. 12271, § 2, 8-22-02; Ord. No. 13170, § 2, 5-13-10)