A. General Authority. Subject to the limitations of this Section, any type of Contract which is appropriate to the Procurement and which will promote the best interests of the County may be used, provided that the use of a cost-plus-a-percentage- of-cost Contract is prohibited. A cost reimbursement Contract may be used only when a determination is made in writing that such Contract is likely to be less costly to the County than any other type or that it is impracticable to obtain the Goods and Supplies, Equipment, Services, or Construction required except under such a Contract.
B. Multiple Source Contracting.
1. General. A multiple source award is an award of an indefinite quantity for one or more similar Goods and Supplies or Services to more than one bidder.
2. Limitations on Use. A multiple source award may be made when awards to two or more bidders for similar products is necessary for adequate economic delivery, service or product compatibility. Any multiple source award shall be made in accordance with the provision of §§ 2.48.110; 2.48.170; 2.48.200; and 2.48.210, as applicable. Multiple source awards shall not be made when a single award will meet the County’s needs without sacrifice of economy or service. Awards shall not be made for the purpose of dividing the business, making available product or supplier selection to allow for user preference unrelated to utility or economy, or avoiding the resolution of tie Bids. Any such awards shall be limited to the least number of suppliers necessary to meet the valid requirements of the County without sacrificing economy and service.
3. Contract and Solicitation Provisions. All eligible users of the Contract shall be named with provisions for additional users to be added if it will not materially affect the Contract in the solicitation, and it shall be mandatory that the actual requirements of such users that can be met under the Contract be obtained in accordance with the Contract, provided that:
a. the County shall reserve the right to take Bids separately if a particular quantity requirement arises which exceeds its normal requirement or an amount specified in the Contract; and
b. the County shall reserve the right to take Bids separately if the Director of Purchasing approves a finding that the Goods and Supplies or Service available under the Contract will not meet a nonrecurring special need of the County.
4. Intent to Use. If a multiple source award is anticipated prior to issuing a solicitation, the County shall reserve the right to make such an award and the criteria for award shall be stated in the solicitation.
5. Determination Required. The Director of Purchasing shall make written determination setting forth the reasons for a multiple source award, which shall be made a part of the Procurement file.
C. Excluded Contracts.
1. Employment Contracts. Unless mandated by the County Board no employment contracts will be held in the Purchasing Department nor will they be approved or negotiated by the Director of Purchasing.
2. HIPPA Contracts. Under the U.S. Health Insurance Portability and Accountability Act of 1996, a HIPAA business associate agreement (BAA) is a Contract between a HIPAA covered entity and a HIPAA business associate (BA). The Contract protects personal health information (PHI) in accordance with HIPAA guidelines and therefore will not be held in the Purchasing Department nor be part of this Ordinance.
(Ord. 7741, passed 7-16-2019)