§ 3.07.055 EXCEPTIONS TO BIDDING REQUIREMENTS.
   The bidding requirements set forth in §§ 3.07.070 and 3.07.075 of this Subchapter shall not apply in the following circumstances:
   A.   When the needed equipment, supplies or services that are proprietary items of original equipment manufacturers and/or their authorized exclusive distributors.
   B.   When the equipment is a component for equipment or a system of equipment previously acquired by the City, and is necessary to repair, maintain or improve the City's utilization of the equipment.
   C.   When the requesting department determines in writing, after conducting a good faith review of the available sources, that there is only one source for the required equipment, good, supply or service. The department requesting sole source procurement shall provide written evidence to support a sole source determination. Such evidence shall be approved by the Purchasing Officer. The Purchasing Officer may require that negotiations be conducted as to price, delivery and terms. The Purchasing Officer may also require the submission of cost or pricing data in connection with an award under this § 3.07.055 or may require that formal or informal bidding procedures be used.
   D.   Where items to be purchased are for resale to the public.
   E.   Where items to be purchased are computer software, hardware maintenance services or software maintenance services.
   F.   Any contract involving the purchase of equipment, goods, supplies or services entered into with another governmental entity.
   G.   Purchases of equipment, goods or supplies where competitive bid procedures have already been utilized by the City, another public agency, including, but not limited to, federal, state and county governments, including, state of California agencies, counties, cities, joint power agencies and special districts, or nonprofit agencies whose main purpose is to assist cities or other public entities, including, but not limited to, the League of California Cities and Independent Cities Association; provided, the equipment, goods or supplies are supplied to the City at the same or better price, as was obtained through the competitive bid procedures of that entity.
   H.   Emergency purchase as set forth in § 3.07.060 of this Subchapter.
   I.   Contracts for professional or general services as set forth in § 3.07.065 of this Subchapter.
(Ord. 2018-008 § 1 (part))