A. The County may enter into negotiations with a provider without utilizing any other form of procurement provided for under this section when procuring goods or services from a sole source provider. (Ord. O-2016-7, 8-8-2016)
B. The County Budget Officer shall determine when direct negotiation or sole source procurement is appropriate after consultation with the Purchasing Agent. If the Budget Officer denies a request from a Purchasing Agent to use sole source procurement the Purchasing Agent may appeal to the County Commission. Applications to the Commission to use direct negotiation and sole source procurement shall be accompanied by an explanation as to why no other source will be suitable or acceptable to meet the need. (Ord. O-2019-12, 5-14-2019)
C. Direct negotiation or sole source procurement shall be used only if an offer is reasonably available from a single supplier. A requirement for a particular proprietary item does not justify sole source procurement if there is more than one potential offeror for that item. Circumstances which might allow sole source procurement and direct negotiation include: 1) where the need for professional services is the paramount consideration; 2) a test or pilot is being conducted; 3) when time restrictions are paramount and would prohibit a full procurement process; or 4) the award to a specific supplier, service provider or contractor is a condition of a donation that will fund the full cost of the supply, service or construction item. In cases of reasonable doubt, sole source procurement and direct negotiation will not be authorized. (Ord. O-2016-7, 8-8-2016)
D. Public notice shall be given for sole source procurements exceeding fifty thousand dollars ($50,000.00). The notice shall be published on the Utah public notice website at least five (5) working days in advance of procuring the item. The notice shall contain a brief statement of the proposed procurement, the proposed sole source provider and the justification for the sole source procurement. (Ord. O-2019-12, 5-14-2019)
E. When using a sole source provider negotiation shall be used to achieve the best use of tax dollars. (Ord. O-2016-7, 8-8-2016)