(A) Noncompetitive negotiation may be used only when written determination is made that competition is not feasible and it is further determined in writing by the city that any of the following conditions exist:
(1) An emergency exists which will cause public harm as a result of the delay in competitive procedure.
(2) There is a single source within a reasonable geographical area of the product or service to be procured.
(3) The contract is for the services of a licensed professional, such as an attorney, physician, psychiatrist, psychologist, certified public accountant, registered nurse, or educational specialist; a technician such as a plumber, electrician, carpenter, or mechanic; or an artist such as a sculptor, aesthetic painter, or musician. However, this provision shall not apply to architects or engineers providing construction management services rather than professional architect or engineer services.
(4) The contract is for the purchase of perishable items purchased on a weekly or more frequent basis, such as fresh fruits, vegetables, fish, or meat.
(5) The contract is for replacement parts where the need cannot be reasonably anticipated and stockpiling is not feasible.
(6) The contract is for proprietary items for resale.
(7) In school districts the contract relates to an enterprise in which the buying or selling by students is a part of the educational experience.
(8) The contract or purchase is for expenditures made on authorized trips outside of the boundaries of the city.
(9) The contract is for the purchase of supplies which are sold at public auction or by receiving sealed bids.
(10) The contract is for group life insurance, group health and accident insurance, group professional liability insurance, worker's compensation, and unemployment insurance.
(11) The contract is for a sale of supplies at reduced prices that will afford a purchase at savings to the city.
(12) The contract is with a private real estate developer and contains a requirement:
(a) That the developer increase the size or otherwise improve the collection capacity of the sanitary sewer or storm water pipe serving the affected private real estate development; and
(b) That the city pay only the proportional cost of increasing the size, or otherwise improving the collection capacity of the sanitary sewer or storm water pipe over the original collection capacity.
(B) Noncompetitive bidding may also be used when the goods or services are in any of the following categories:
(1) Services or goods actually required during an emergency.
(2) Services provided by a public utility or pursuant to a franchise awarded according to law.
(3) Goods, services, equipment, publications, subscriptions, memberships, instructional materials, and works of art available from a single source.
(4) Special supplies or equipment required for laboratory or experimental studies.
(5) Services from non-profit agencies who provide the services for the benefit of the citizens of the city.
(6) Real property or interest in real property.
(1986 Code) (Am. Ord. 2019-11-21(A), passed 11-21-19)
Statutory reference:
Noncompetitive negotiations, see KRS 45A.380