(A) Generally. When lack of price or product competition renders the purposes of competitive bidding ineffective, the Purchasing Director may purchase supplies, materials, equipment, or contractual services through negotiation with a vendor up to $5,000 on his or her authority, and for amounts in excess of that, the Purchasing Director shall consult with and obtain the approval of the County Administrator or his or her designee, provided, however, for sole source purchased to be purchased with special source funds, the elected official in charge of the expenditure of those funds shall be authorized to approve the purchases by the Purchasing Director.
(B) When permissible. Purchase by negotiation may be made when 1 of the following types of conditions exist:
(1) Items are obtained from only 1 source, and there are no acceptable equivalents;
(2) Bids are received, but prices are unreasonable;
(3) Emergencies exist;
(4) A contract already exists on a family of items that must be compatible;
(5) Repair and replacement parts or accessories peculiar to specialized equipment are needed;
(6) Identical bidding is a persistent pattern;
(7) Resale price maintenance is practiced by manufacturers, such as exclusive dealerships or other methods which result in only pre-established, published prices being offered;
(8) There are reasonable indications of collusive bidding; or
(9) Contracts are renewed if provided for in the original bid invitation.
(C) Negotiated purchases. Written records shall be maintained for a period of 3 years of all negotiated bids. The records shall include the name of the vendor, the amount of purchase, the equipment or supplies purchased, and a justification for the negotiated bid.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-41-05, passed 10-19-2005; Am. Ord. 10-42-06, passed 11-15-2006)