(A) Noncompetitive negotiations includes procurement over $40,000.00 where no formal invitation for bids (IFB) or request for proposals (RFP) is used. Noncompetitive negotiations may be used only after a written determination is made that competition is not feasible and one or more of the following conditions exists:
(1) An emergency exists which will cause public harm as a result of the delay in competitive procedures;
(2) There is a single source within a reasonable geographical area of the product or service to be procured;
(3) The contract is for the services of a licensed professional, such as attorney, physician, psychiatrist, psychologist, certified public accountant, registered nurse or educational specialist; a technician such as a plumber, electrician, carpenter or mechanic; or an artist such as a sculptor, aesthetic painter or musician; provided, however, that this provision shall not apply to architects or engineers providing construction management services rather than professional architect or engineer services;
(4) The contract is for the purchase of perishable items purchased on a weekly or more frequent basis, such as fresh fruits, vegetables, fish or meat;
(5) The contract is for replacement parts where the need cannot be reasonably anticipated and stockpiling is not feasible;
(6) The contract is for proprietary items for resale;
(7) The contract or purchase is for expenditures made on authorized trips outside of the boundaries of the local public agency;
(8) The contract is for the purchase of supplies which are sold at public auction or by receiving sealed bids;
(9) The contract is for group life insurance, group health and accident insurance, group professional liability insurance, workers’ compensation insurance and unemployment insurance;
(10) The contract is for a sale of supplies at reduced prices that will afford a purchase at savings to the local public agency; and/or
(11) The contract is with a private real estate developer and contains a requirement:
(a) The developer increase the size or otherwise improve the collection capacity of the sanitary sewer or storm water pipe serving the affected private real estate development; and
(b) The city pays only the proportional cost of increasing the size, or otherwise improving the collection capacity, of the sanitary sewer or storm water pipe over the original collection capacity.
(B) When a contract or purchase is facilitated upon noncompetitive negotiation, as listed above, the procuring department shall be required to complete a qualified purchase exception form, as referenced in § 35.076(D) of this subchapter. A qualified purchase exception form may be obtained through the city’s Finance Department and must be completed and attached to any purchase order utilizing noncompetitive negotiation. 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 a solution.
(1984 Code, § 35.71) (Ord. O-24-19, passed 7-23-2019; Ord. O-12-23, passed 8-8-2023)