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(A) General authority. Subject to the limitations of this section, any type of contract which is appropriate to the procurement of and which will promote the best interests of the county may be used, provided that the use of a cost-plus-a-percentage-of cost contract is prohibited, unless otherwise required by law.
(B) Multi-term contracts; specified period. Unless otherwise provided by law, a contract for supplies or services may be entered into for any specified period of time deemed to be in the best interests of the county, not to exceed three years, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. However, the total contract term for any contract except leases, including the time periods by which the contract is extended due to renewal, shall not exceed a maximum of three years. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds thereof, and copies of all contracts shall be submitted with annual budget requests.
(1) Determination prior to use. Prior to the utilization of a multi-term contract, it shall be determined in writing:
(a) The estimated requirements cover the period of the contract and are reasonably firm and continuing; and
(b) The contract will serve the best interests of the county by encouraging effective competition or otherwise promoting economies in county procurement.
(2) Cancellation due to unavailability of funds. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled.
(C) Multiple source contracting.
(1) General. A multiple source award is an award of an indefinite quantity for one or more similar supplies or services to more than one bidder.
(2) Limitations on use.
(a) A multiple source award may be made when award to two or more bidders for similar products is necessary for adequate economic delivery, service or product compatibility.
(b) Any multiple source awards shall be made in accordance with the provisions of §§ 41.030, 41.031, 41.032 and 41.035, as applicable. Multiple source awards shall not be made when a single award will meet the county’s needs without sacrifice of economy or service. Awards shall not be made for the purpose of dividing the business, making available product or supplier selection to allow for user preference unrelated to utility or economy, or avoiding the resolution of tie bids. Any awards shall be limited to the least number of suppliers necessary to meet the valid requirements of the county without sacrificing economy and service.
(3) Contract and solicitation provisions. All eligible users of the contract shall be named in the solicitation, and it shall be mandatory that the actual requirements of the users included in the contract be obtained in accordance with the contract, provided that: the county shall reserve the right to take bids separately if a particular quantity requirement arises which exceeds its normal requirement or an amount specified in the contract.
(4) Intent to use. If a multiple source award is anticipated prior to issuing a solicitation, the county shall reserve the right to make an award and the criteria for award shall be stated in the solicitation.
(5) Determination required. The County Executive or his or her designee shall make a written determination setting forth the reasons for a multiple source award, which shall be made a part of the procurement file.
(1980 Code, § 41.050) (Ord. 08-461, passed 11-20-2008)