(A) Review required. Purchase orders which are not negotiated by the purchasing agent do not supersede the requirement that they still must be reviewed by the purchasing agent prior to obligation by the county to ensure that such an order does not violate § 36.02 of this code.
(B) Circumstances not requiring bids. All purchase orders and other contracts for professional services and supplies shall be awarded after soliciting bids or quotations as provided in § 36.02 of this code, except that certain purchase orders may be negotiated by the purchasing agent, or such other person as may be authorized by this chapter, without bids, quotations and advertising when by their nature said purchase orders or contracts are not adapted to award by competitive bidding due to the reasons including, but not limited to, those cited below:
(1) Contracts or purchase orders for the services of individuals possessing a high degree of professional skill where the ability or fitness of the individual plays an important part of the selection and is through a request for proposal (RFP) or request for qualifications (RFQ) process;
(2) Utility services, such as water, electric power, natural gas, telephone, mobile phone and telegraph, except when alternative supplies or services are available;
(3) The purchase of magazines, books, trade journals, reference material, periodicals, examination of testing materials and similar articles of an educational, informational or instructional nature;
(4) When public demand will not be tolerant of the delay incident to the advertising for, or solicitation of, bids; (Purchases under this division (B)(4) shall be based on a need that was compelling and of unusual urgency, as when the county would be seriously injured financially or otherwise if the personal property or services were not furnished by a certain time, and when they could not be procured by that time by means of advertising, bidding and/or solicitation of quotations as provided in § 36.02 of this code.)
(5) Purchases from vendors who are under a state procurement contract and when the price is that price established by the state contract awarded after competitive bidding pursuant to the state’s Procurement Code, UCA §§ 63G-6a-101 et seq. and have met the requirement of § 36.07 of this code;
(6) Contracts for goods and services made available by any federal, state or local unit of government, or association of governments, when these goods or services were acquired in compliance with the provisions of this chapter;
(7) When a product or service which can only be procured from a single source, manufacturer or distributor and no reasonable, similar alternative exists;
(8) Purchase of data processing equipment when the county interest requires compatibility with existing system designs and said purchases are negotiated after consideration of any alternatives, and when the costs of alternatives would exceed the negotiated price;
(9) Negotiated purchase of outside legal counsel and/or other professional services which are paid from the non-department insurance account;
(10) Notwithstanding any other provisions of this chapter, the purchasing agent, or his or her designee, may make emergency procurement when there exists a threat to public health, welfare or safety under emergency conditions; provided, that such emergency purchases are made with such competition as is practical under the circumstances. EMERGENCY CONDITIONS are defined, and procedures are outlined as follows:
(a) An emergency situation is one which creates a threat to public health, welfare or safety such as may arise by reason of flood, epidemic, riot, equipment failure, earthquake or such other reason as may be declared an emergency condition by the County Commission. The existence of such conditions must create an immediate need for materials, supplies, services or constructions that cannot be met through normal procurement method, and the lack of which would seriously threaten:
1. The function of county government;
2. The preservation or protection of public or private property; or
3. The health or safety of any person.
(b) Emergency procurement shall be limited to those supplies, services or construction necessary to meet the emergency, and whenever practical, authorization must be received from the purchasing agent or County Commission.
(11) Any other contract not adapted to competitive bidding when the County Commission specifically cites reasons therefor.
(Prior Code, § 1-8A-3) (Ord. 179, passed 6-17-2008)