Procurement contracts may be awarded through non-competitive negotiations only as provided in this regulation. Contracts, which may be awarded on the basis of non-competitive negotiations, include and shall be limited to the following:
A. Contractual services for telephone service, electrical energy and other public utility service and other contractual services provided within a defined geographic area pursuant to a franchise for such service awarded pursuant to law by a city, county, or other political subdivision authorized to award the franchise;
B. Commodities, equipment, and services available, in the discretion of the City Council, from a single source. Such items shall include, but not be limited to, patented equipment and copyrighted material and equipment peripheral to other equipment already owned by the city determined to be incompatible to the other equipment without modification or adjustment in either the equipment already owned or the equipment to be acquired;
C. Instructional materials available from a single source. A written determination setting forth need in relation to a particular instructional program and justifying the procurement of the particular materials on a non-competitive basis, shall be made by the purchasing agent prior to the award of the contract;
D. Special supplies or equipment required for laboratory or experimental studies. A written determination setting forth the need in relation to such studies and justifying the procurement of the supplies or equipment on a non-competitive basis shall be made by the purchasing agent prior to the award of the contract;
E. Contracts or subscriptions for the purchase of published books, maps, periodicals, technical pamphlets, recording, films and works of art for museum and public display;
F. Contracts for professionals, technical, scientific, legal or artistic services;
G. Contract or agreements for the purchase or sale of supplies, equipment, or services between the city and the government of the United States, the State of Arizona, a political subdivision of the state or non-profit organization organized under the laws of this state, another state or the District of Columbia or chartered under an Act of Congress and serving a public purpose of an essentially government, civic, educational or charitable nature;
H. Contracts with vendors who maintain a general service administration price agreement with the United States of America or any agency thereof; provided, however, that no contracts executed under this provision shall authorized a price higher than is contained in the contract between general service administration and the vendor; and
I. Contracts for the purchase of real property or interests in real property.
(Res. 2008-011, passed 2-19-2008)