(A) Small purchases generally. The city is authorized under KRS 45A.385 to use small purchase procedures for any contract for which a determination is made that the aggregate amount of the contract does not exceed $40,000.
(B) $5,000 and under. Departments are hereby delegated the authority to make purchases of goods and services not to exceed $5,000 from a vendor of choice, provided that the purchase decision is based on ethical business practices, provides the overall best value for the city and that the aggregate amount of that purchase type (commodity/service) does not exceed $40,000 in a fiscal year.
(C) $5,000 to $40,000. For purchases over $5,000 and under $40,000, department heads shall solicit three or more written quotes. Quotes must be attached, as credible documentation, to any purchase order over $5,000 and under $40,000. If three written quotes cannot be obtained based on a qualified purchasing exception, as defined by division (D) below, the procuring department shall be required to complete a qualified purchasing exception form to be submitted with their purchase order request. The City Manager reserves the right to permit the use of a vendor which has not provided the lowest quote.
(D) Qualified purchasing exception. A qualified purchase exception shall be aligned to the requirements of noncompetitive negotiation, as defined by § 35.081 of this subchapter. In order to qualify for a purchasing exception a written determination must be made that states competition is not feasible and one or more of the requirements detailed by § 35.081(A) of this subchapter is present.
(1) When an exception is present, a procuring department may be exempted from standard purchasing procedures, this includes the requirement to obtain multiple quotes.
(2) When a purchasing exception exists, the procuring department shall be required to complete a qualified purchasing exception form. A qualified purchase exception form must accompany any purchase order utilizing a purchasing exception. The City Manager, or his or her designee, shall review the completed form and either confirm the request and approve the purchase or deny the request and collaborate with the procuring department as to another solution.
(E) Good faith. All city procurement shall be conducted in a fair and ethical manner, and in the overall best interest of the city. Procurement requirements shall not be parceled, split, divided or scheduled over a period of time in order to subvert the intent of this subchapter or the Kentucky Local Model Procurement Code.
(F) Waiver. The City Manager reserves the right to waive any informalities which are deemed immaterial to the procurement, and which do not prejudice other offerors. The discretion as to waiver is vested in the City Manager; waiver is permissible when determined by the City Manager to be in the best interest of the city.
(1984 Code, § 35.66) (Ord. O-24-19, passed 7-23-2019; Ord. O-12-23, passed 8-8-2023)