(A) If a department head conducts a good faith review of available sources and determines that the contract by its very nature is not suitable to competitive bids or proposals, he or she shall forward an exemption request to the Purchasing Agent. The Purchasing Agent will review and approve all exemption requests. The Purchasing Agent may consult with ad hoc groups of county staff in making his or her determination with regard to a particular procurement. If the Purchasing Agent reviews and approves the department head’s recommendation that the procurement is exempt from competitive bids or proposals, the department is not required to employ the competitive proposal or bidding process to enter into a contract. A written determination for the basis for the bid exemption shall be made by the Purchasing Agent and included in the contract file.
(B) Examples of contracts that may not be suitable for competitive bids or proposals fall into the following categories:
(1) Single source. There is only one source for the required goods, service, or construction item;
(2) Professional services. There exists a long-standing, successful relationship for professional services, and the knowledge gained through this relationship adds value integral to the services provided;
(3) Trail use or testing. A sole- supplier’s item is needed for trial use or testing;
(4) Used equipment. The purchase is for used equipment; and
(5) Auctions. The purchase is made at auctions.
(1977 Code, § 1:4-1) (Ord., § 6-102, passed 12-8-2009; Ord. passed 2-12-2013; Ord. 21-0923, passed 10-12-2021)