3.24.160: WAIVERS:

   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)

3.24.170: EXEMPTIONS:

The following are exempt from the requirements of this chapter:

   A.   Any matter that is exempt from procurement requirements under state or federal law.

   B.   Contracts for the following:

      1.   Contracts with another governmental entity or agency that are solicited in accordance with the rules or requirements of that entity or agency;

      2.   Contracts for expert witnesses, advisors or outside counsel for the city attorney's office;

      3.   Contracts for special investigatory or similar services or supplies for the police department where confidentiality is necessary, if approved by the mayor upon recommendation from the chief procurement officer.

   C.   With the approval of the mayor, and when not in conflict with state or federal law, the chief procurement officer or city engineer, in their respective areas of authority, may exempt an enterprise fund from the requirements of all or any part of this chapter in the procurement rules.

   D.   With the approval of the mayor, and when not in conflict with state or federal law, the chief procurement officer and city engineer, in their respective areas of authority, may each exempt a type or class of procurement from any or all of the requirements of this chapter in the procurement rules when that exemption is in the best interest of the city, and competitive processes would not be of benefit to the city.

   E.   When granting a concession in which a person makes use of city property to provide goods or services to the public, or arrangements of similar nature, the city shall make use of this chapter to the extent determined to be practicable by a procurement official in order to provide for the desired concession or arrangements on terms most beneficial to the city. (Ord. 64-97 § 2, 1997)

3.24.180: COMPLIANCE WITH OTHER LAW:

Nothing in this chapter shall prevent compliance with any mandatory applicable federal, state or local law or regulation, or the terms and conditions of any grant, gift or bequest that are mandatory, applicable and otherwise consistent with law, and the city shall comply with the same. (Ord. 64-97 § 2, 1997)

ARTICLE IV. ADDITIONAL CONSTRUCTION RELATED REQUIREMENTS

3.24.190: REQUIREMENTS IMPOSED ON CONSTRUCTION:

In addition to all other requirements of this chapter, the procurement of construction related supplies and services shall comply with the requirements of mandatory applicable federal, state and local law. (Ord. 64-97 § 2, 1997)

3.24.200: CONSTRUCTION CONTRACTING AND MANAGEMENT METHODS:

The procurement rules shall provide for as many alternative methods of construction contracting and management as determined to be practical. The procurement official may select the methods appropriate for a particular project. (Ord. 64-97 § 2, 1997)

ARTICLE V. PROTESTS AND REMEDIES