The following contracts and classes of contracts are exempt from the competitive procurement requirements of the Public Contracting Code and the Model Rules and may be awarded as provided herein, or otherwise in any manner which the contracting agency deems appropriate including by direct appointment or purchase.
(A) Contracts up to $5,000. Any procurement of goods or services or any combination thereof not exceeding $5,000 may be awarded in any manner deemed practical or convenient by the contracting agency, including by direct selection or award. Staff of the contracting agency is authorized to conduct procurements on behalf of the contracting agency for goods or services or combinations thereof not exceeding $1,000. Additional procurements shall be approved by the City Council. Procurements shall not be artificially divided or fragmented so as to constitute a smaller procurement than specified in this section.
(B) Equipment repair. Contracts for equipment repair or overhauling may be awarded without competition, provided the service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing.
(C) Sole source contracts. Contracts for goods or services which are available from a single source may be awarded without competition.
(D) Renewals. Contracts that are being renewed in accordance with their terms are not considered to be newly awarded contracts and are not subject to competitive procurement procedures.
(E) Temporary extensions or renewals. Contracts for the temporary extension or renewal of a single period of one year or less of an expiring and nonrenewable, or recently expired, contract, other than a contract for public improvements, are not subject to competitive procurement procedures.
(F) Contracts required by emergency circumstances.
(1) In general. When an official with authority to enter into a contract on behalf of the contracting agency determines that immediate execution of a contract within the official’s authority is necessary to prevent substantial damage or injury to persons or property, the official may execute the contract without competitive selection and award, but, where time permits, the official shall attempt to use competitive price and quality evaluation before selecting an emergency contractor.
(2) Reporting. An official who enters into an emergency contract shall, as soon as possible, in light of the emergency circumstances:
(a) Document the nature of the emergency, the method used for selection of the particular contractor and the reason why the selection method was deemed in the best interest of the contracting agency and the public; and
(b) Notify the City Council of the facts and circumstances surrounding the emergency execution of the contract.
(3) Emergency public improvement contracts. A public improvement contract may only be awarded under emergency circumstances if the contracting agency has made a written declaration of emergency. Any public improvement contract award under emergency conditions must be awarded within 60 days following the declaration of an emergency unless the contracting agency grants an extension of the emergency period. Where the time delay needed to obtain a payment or performance bond for the contract could result in injury or substantial property damage, the contracting agency may waive the requirement for all or a portion of the required performance and payment bonds.
(G) State law exemptions. There shall be an exemption for any other contract or class of contracts exempted by the Public Contracting Code or the Model Rules.
(H) Other exemptions adopted in future. There shall be an exemption for any other contract or class of contracts expressly exempted from competitive procurement requirements pursuant to procedures permitted by the Public Contracting Code or the Model Rules.
(I) Public improvements. Public improvement contracts estimated by the contracting agency not to exceed $100,000, or not to exceed $50,000 in the case of a contract for a highway, bridge, or other transportation project, may be awarded by competitive quotes under the following procedures:
(1) The contracting agency shall informally solicit at least three price quotes from prospective contractors. If three prospective contractors are not available, then fewer quotes may be solicited, and the contracting agency shall maintain records of the attempts to obtain quotes;
(2) The contracting agency shall award the contract to the prospective contractor whose quote will best serve the interests of the contracting agency, taking into account price and other applicable factors, such as experience, specific expertise, past record of performance and conduct, availability, familiarity with local area and access to local resources, project understanding, contractor capacity, and contractor responsibility. If the contract is not awarded on the basis of the lowest price, the contracting agency shall make a written record of the basis for the award; and
(3) A procurement may not be artificially divided or fragmented to qualify for the informal contract award procedures provided by this section.
(Ord. 02-2012, passed 10-10-2011)