The procurement of goods, and services are exempt from competitive solicitation under the following circumstances:
A. Direct Government Agency Purchases: Procurement of goods, and services that are declared surplus of or made by another governmental agency are not subject to competitive solicitation requirements.
B. Governmental Agency Cooperative Contract: Procurement may be approved, without additional competition otherwise required in this chapter, when the purchasing manager or designee determines that another governmental agency or branch thereof has issued a procurement contract based on competitive solicitation and that the city is authorized to purchase under the terms of the same contract.
C. Sole Source Procurement: The purchasing manager or designee may approve procurement of goods and services without using a competitive solicitation process if the purchasing manager determines, in writing, that:
1. Only one known source is reasonably available to provide the goods or services being procured; or
2. Only specific parts, equipment, accessories, and/or specialized service, training, geographical area, region, boundary, or other unique characteristics of the goods or services meet the city's needs and there are no comparable goods or services reasonably available.
D. Emergency Procurement:
1. Based upon approval of the mayor or designee, goods and services may be procured to address emergency conditions, public threats, or unforeseen conditions. In such circumstance priority over and exclusion of customary procurement processes shall be allowed to meet the needs of such conditions and threats.
2. Process. The mayor shall examine the circumstances and determine whether they constitute an emergency condition, a public threat, or an unforeseen condition. If so, the mayor may take any action to address such condition so long as such action is (i) reasonable under the circumstances, (ii) consistent with applicable law, and (iii) accomplished within existing budget constraints. The mayor shall deliver to the city council within fourteen (14) calendar days of the purchase or execution of a contract a written determination and explanation of the condition and justification for actions taken under this section. The purchasing manager shall file this written determination in the procurement file relating to purchase or execution of a contract. Only those goods and services to address the conditions identified by the mayor may be procured under this Section.
E. Waiver or Modification: The mayor may waive or modify competitive solicitation requirements when the purchase or execution of a contract is (i) advantageous to the city, (ii) performed in a manner that is fair and equitable, (iii) provides transparency as is practicable under a given circumstance, and (iv) consistent with applicable law. The mayor shall deliver to the city council within fourteen (14) calendar days of the purchase or execution of a contract a written determination and explanation of the condition and justification for actions taken under this section. The purchasing manager shall file this written determination in the procurement file relating to the purchase or execution of the contract.
F. Disbursements: Disbursements do not require competitive solicitation.
G. Grant, Gift, Bequest. In complying with the terms and conditions of any grant, gift, or bequest to the city, or to one of the city's departments or subdivisions, committees, or a community organization which functions under city auspices if such action is approved by the mayor. (Ord. 19-54, 12-11-2019, Effective at 12 noon on January 6, 2020)