A. Contracts Not Adaptive To Competitive Bidding: Contracts which by their nature are not adaptive to competitive bidding, such as contracts for maintenance and repairs and contracts for items which may, as a practical matter, only be purchased from a single source, contracts for repairs or additions to equipment owned by the city, which may be more efficiently added to by a certain person or firm, and contracts for additional engineering or professional services specifically related to current or previous contracts may not be subject to the competitive bidding requirements of this chapter. When the foregoing or similar conditions exist, a written justification for the exemption to competitive bidding shall be approved by the mayor and filed with the purchasing documents.
B. Library Purchases: The purchase of library books, records, tapes, films, publications, periodicals and subscriptions are specifically exempted from the requirements of competitive bidding.
C. Auction, Closeout, Used Equipment, And Bankruptcy Sales: If the mayor determines that supplies, materials or equipment can be purchased by any public auction, closeout sale, used equipment, bankruptcy sale, or inventory reduction sale or other similar sale, and makes a finding that a purchase at any such auction or sale will be made at a cost below the market cost in the community, the mayor may authorize the purchases.
D. Exchanges: The purchasing agent may by agreement exchange supplies, materials, equipment or services with other public agencies, or the purchasing agent may exchange the property or services with private persons or entities when special circumstances exist which indicate that such an exchange would prove more advantageous to the city than a simple purchase for cash.
E. Interlocal Agreements In Letting Of Contracts For Commodities Or Services: The city shall have the power to enter into joint purchase agreements with any or all other public agencies within the state for the purchase of any commodity or service, where it is determined by the mayor to be in the best interest of the city.
F. Emergency Purchases: To qualify as an emergency purchase, the purchase must be ratified, after the emergency, by the department head, the mayor, and the purchasing agent as a qualifying emergency. The department must notify the purchasing agent of the emergency purchase by the end of the first business day following the event.
G. Open Market Procedure: When the formal bidding process is required, but the purchasing agent determines that none of the bidders can give a competitive bid because of the time between the date of the bid and the date required for delivery of the goods or services, then the purchasing agent may utilize the open market procedure to obtain the lowest price for those particular goods or services.
H. State Contract: Goods and services purchased from the Utah state contract are exempt from the competitive bidding requirements.
I. Equivalent Bidding Procedures: Goods and services that have been competitively bid by another political subdivision of the state of Utah, other government cooperatives, alliances, or other entities within twelve (12) months may also be exempt from the competitive bidding requirements at the discretion of the purchasing agent, provided the bidding requirements followed by the political subdivision are substantially in compliance with the requirements described in this chapter.
(Ord. 23-34, 2023: Ord. 14-28, 2014)