A. Except for the requirements set forth in section 3.24.115 of this chapter, waivers from the provisions of this chapter may be given as follows:
1. A procurement official may waive a procurement process required under this chapter for the reasons set forth below. Such waiver shall be approved in advance by the chief procurement officer for operational supplies and services, or by the city engineer for construction related supplies and services, except in case of an emergency. Waivers are permissible when:
a. Supplies or services are available from a sole source, or a solicitation process would be unlikely to produce competition;
b. A particular supply or service is beneficial to the city in order to match or service existing equipment or facilities;
c. The city needs services of a very specialized nature or in connection with confidential matters, and procurement processes would not be beneficial to obtaining them;
d. A waiver would be in the best interest of the city or the convenience of the public; or
e. There is an emergency or unforeseen condition, or a threat to public health, welfare, convenience or safety, as defined in the procurement rules. Such procurements shall be made with as much competition as practicable under the circumstances.
2. The mayor, with cause specified in writing, may waive any or all of the requirements of this chapter for specific contracts, except the requirements set forth in section 3.24.115 of this chapter.
3. For contracts made within the scope of the city council's legislative authority, the city council may, with cause specified in writing, waive any or all of the requirements of this chapter for specific contracts.
B. A written basis for any waiver made under this section shall be placed in the procurement file, and written notice thereof shall be delivered to the chief procurement officer in connection with the procurement of operational supplies and services, or the city engineer in connection with the procurement of construction related supplies and services.
C. Notwithstanding any provision of this chapter to the contrary, no waiver made under this chapter shall violate any mandatory applicable federal, state or local law or regulation. (Ord. 17-12, 2012)