§ 37.39 APPROPRIATIONS.
   (A)   The Fiscal Court shall not award a contract for any procurement when the contract price would exceed the funds budgeted for the procurement by the legislative body.
   (B)   If all bids received in response to an invitation to bid exceed the amount appropriated for the procurement, and sufficient additional funds are not authorized to permit an award to the lowest responsive and responsible bidder, the Judge/Executive, or his or her designee, may proceed with a competitive-negotiations process, may reissue an invitation for bids, or may cancel the procurement.
   (C)   An invitation for bids or a request for proposals may be advertised in anticipation of an appropriation, provided the invitation or request clearly states that funds for the anticipated procurement, while anticipated, have not been appropriated.
   (D)   The Fiscal Court may award a contract for the procurement of supplies, equipment or services for a period that exceeds the fiscal year, provided the contract permits cancellation without penalty in the event that funds for the contract are not appropriated for any succeeding year.
(Ord. 120.9, passed 8-24-99; Am. Ord. 121.42, passed 10-27-20)