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Sec. 8-161. Exemptions to use of competitive bid or proposal. tops
(a) Minor purchases.
(1) The Purchasing Agent shall have the power to negotiate without formal
competition for the purchase of any materials, professional services, services or
construction not exceeding a cost of thirty thousand dollars ($30,000.). Where a
project has been previously bid, project managers may approve, pursuant to
administrative guidelines approved by the Purchasing Agent, change orders up to the
minor purchase limit established in this subsection; provided, however, that no such
change order shall authorize any expenditure of funds in excess of the amounts
budgeted and appropriated for the project.
(2) Such negotiated purchases shall be made in the open market, but wherever
practical or advantageous, the Purchasing Agent shall obtain quotes from at least
three (3) suppliers. Negotiated purchases of materials, services or construction shall
be awarded to the person supplying the lowest responsible and responsive quote.
(3) The purchasing procedures adopted pursuant to § 8-113 of this Article may
authorize the purchase of materials, services or professional services in the open
market by other departments or agencies of the city, provided that no such purchase
shall exceed a cost of two thousand dollars ($2,000.).
(4) No contract will be divided so as to constitute a minor purchase under this
Subsection (a).
(b) Emergency purchases.
(1) In the case of an apparent emergency requiring the immediate purchase of
materials, professional services, services or construction, the City Manager shall
have the power to authorize the Purchasing Agent to secure necessary items in the
open market regardless of the amount of the expenditure.
(2) In no event shall the contract price exceed commercially reasonable prices.
(3) A full written report of the circumstances of all emergency purchases over one
hundred thousand dollars ($100,000.) shall be made by the City Manager to the City
Council. The report shall be received by the City Council in an open meeting, and
such report shall be open to public inspection.
(c) Construction change orders.
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(1) Notwithstanding the provisions of Subsection (a)(1) of this Section, one (1) or
more change orders to an existing construction contract may be executed without
competition unless the cumulative amount of such change orders exceeds the greater
of:
a. Fifteen (15) percent of the contract amount; or
b. Thirty thousand dollars ($30,000.).
(2) Any construction change order which authorizes a new improvement under a
construction contract may be executed without competition when:
a. The new improvement is required for the completion of an improvement which is
currently under construction pursuant to a competitive bidding or competitive
proposal process;
b. The new improvement results from the discovery of differing or unforeseen
physical conditions at the site of the improvement under construction and is required
for the completion of the improvement under construction; and
c. An administrative finding has been made by the Purchasing Agent that it would be
in the city's best interest to negotiate with the on -site contractor for the construction
of the new improvement.
(d) Miscellaneous exemptions.
(1) A contract for materials, professional services or services may be awarded
without competition if the Purchasing Agent determines in writing that one (1) or
more of the following conditions exists:
a. There exists only one (1) responsible source;
b. Although there exists more than one (1) responsible source, a competitive process
cannot reasonably be used or, if used, will result in a substantially higher cost to the
city, will otherwise injure the city's financial interests or will substantially impede
the city's administrative functions or the delivery of services to the public;
c. A particular material or service is required to maintain interchangeability or
compatibility as a part of an existing integrated system;
d. A particular material, professional service or service is required in order to
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standardize or maintain standardization for the purpose of reducing financial
investment or simplifying administration;
e. The material is perishable;
f. The material qualifies as an object of fine art;
g. A particular material is required to match materials in use, so as to produce visual
harmony;
h. A particular material is required to enable use by a specific individual;
i. A particular material is prescribed by a professional advisor;
j. The material, professional service or service is the subject of a change order.
(2) The Purchasing Agent shall submit each determination made under this
Subsection (d) to the City Manager, who shall approve or reject the procurement.
(3) The City Manager shall submit all procurements under this Subsection (d) which
exceed a cost of one hundred thousand dollars ($100,000.) to the City Council in an
open meeting for final approval.
(4) Any procurement approved under this Section by the City Manager or the City
Council may be used as the basis for a negotiated purchase of additional quantities
of the same materials or services at any time within a period of five (5) years from
the date of approval; provided, however, that subsequent procurements may be
expressly limited to a specific number of purchases or a period of less than five (5)
years.
(e) Materials, certain services and construction competitively bid within twenty-four
(24) months. In any case where the city has, within the preceding twenty-four (24)
months, pursuant to an invitation for bids, awarded a contract for the procurement of
any materials or for the procurement of services, professional services or
construction bid on a unit price basis, the Purchasing Agent may negotiate with the
successful bidder for the purchase of additional quantities of the materials or units of
services or construction. The Purchasing Agent may, based upon a reasonably
prudent investigation of market conditions at the time, make procurements at a price
warranted by such conditions, even if the resulting cost to the city is greater than the
amount of the previous award.
(Ord. No. 84, 1990, 8-7-90; Ord. No. 83, 1991, § 3, 7-16-91; Ord. No. 144, 19961
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12-3-96; Ord. 179, 1997, 11-18-97)
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