A. Generally: Procurement processes may be waived under the circumstances described in this section. Any person issuing a waiver should consult with the City Attorney's Office as needed.
B. Who May Waive: Waivers may be issued by the following:
1. Waivers By Procurement Officials: Procurement officials have discretion to waive procurement processes in the manner described in section 3.24.160 of the City Code.
2. Waivers By Mayor Or City Council: The Mayor or the City Council have power to waive matters in the manner described in section 3.24.160 of the City Code.
C. Guidance Regarding Specific Waivers: Certain waivers under section 3.24.160 of the City Code may be issued as follows:
1. Sole Source: Waivers for sole source procurement shall be issued as follows:
a. Definition: Without limitation, sole source procurement may arise when:
(1) The City needs a supply or service of a unique or specialized nature, and only one known supplier is reasonably available to meet the need.
(2) Specific parts, accessories, equipment, materials, services, proprietary items or other items are necessary to meet the City's needs, and there are no comparable items reasonably available.
(3) Items are procured for resale.
b. Process: To use sole source procurement, the procurement official shall place a written determination in the procurement file stating why no other sources are reasonably available, or why competition would not be likely to produce other acceptable offers. Sole source procurement shall not be used solely to accommodate a desire for a particular proprietary item unless the City has a justified need for such item. The procurement official shall negotiate and use appropriate means to obtain the best price available for the item being procured.
2. Procuring To Meet Existing Needs: Waivers for procurement to meet existing needs shall be issued as follows:
a. Definition: There is a need to procure matching or compatible supplies and services when other similar supplies and services would not be reasonably beneficial to meet the City's needs in connection with existing equipment or facilities.
b. Process: To use existing needs procurement, the procurement official shall place a written determination in the procurement file specifying the existing items, and explaining the need to match or service them. The procurement official shall negotiate and use appropriate means to obtain the best price available for the item being procured.
3. Very Specialized Or Confidential Services: Waivers for very specialized or confidential services shall be issued as follows:
a. Definition: Without limitation, the need to procure very specialized services, or services as a part of confidential matters, may arise when:
(1) The City's needs are of a specific and highly specialized nature, and a general solicitation would not be beneficial to produce a person who can meet those needs because of the scarcity of service providers, nature of the expertise needed, conflicts of interest, or other reason.
(2) The services relate to confidential matters, and a solicitation process might disclose or result in adverse consequences with respect to information that is private or confidential. These matters can arise in connection with legal issues, security issues, undercover police activities and similar matters.
b. Process: Except as otherwise provided by the Mayor, to procure on this basis, the procurement official shall place a written determination in the procurement file stating the required service, and explaining why a solicitation process would not be beneficial or would damage confidential interests. The procurement official shall negotiate and use all appropriate means to obtain the best price available.
4. Emergencies And Public Threats: Waivers on this basis shall be issued as follows:
a. Definitions: The conditions specified in the Procurement Code are defined as follows:
(1) Emergency Conditions: An emergency condition creates an immediate and serious need for supplies or services that cannot adequately be addressed using normal procurement methods. Such a need may arise by reason of a natural disaster, epidemic, riot, equipment failure or other reason.
(2) Public Threats: Public threats are circumstances that appear likely to adversely impact the public's health, welfare, convenience or safety. They may arise when circumstances appear to create a risk of environmental contamination, traffic congestion or hazards, disruption of utility or other public services provided by the City, or other matters.
b. Process: The procurement official shall examine the circumstances and determine whether they constitute a condition set forth above. If so, the procurement official may take any action required by such condition. The procurement official shall place in the procurement file a written determination and explanation of the waiver. Actions may occur before such waiver is created in written form as the circumstances may require. A Department Director may take or recommend any action under this subsection C4 to the full extent of the procurement official, and shall place written determinations and explanations in the procurement file and notify the procurement official. Procurement should be as competitive as possible under the circumstances, but priority shall be given to meeting the needs of the emergency or public threat. Only those supplies and services impacted by the condition in question may be acquired under this subsection.
5. Unforeseen Conditions: Waivers on this basis shall be issued as follows:
a. Definition: An unforeseen condition creates a need to procure supplies or services within time frames that could not reasonably be anticipated or accommodated under normal procurement methods. For example, such a need may arise when the City must implement a change that is beneficial to the City in a time frame that will not allow normal procurement methods, and the benefit of proceeding outweighs the benefit of using processes under this section. The procurement official may require the employee making such a request to justify in writing why the matter was unforeseen.
b. Process: After determining that such a condition exists, the procurement official may take any action required by such condition, and shall place in the procurement file a written determination and explanation of the waiver.
D. No Waivers Permitted: No waiver made by a procurement official shall be in conflict with any State or Federal law, or with any authority reserved to the Chief Procurement Officer or City Engineer under the Procurement Code or Rules. (2019 Compilation)