05-12-26 City Council Workshop Packet

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21 216348v2 APPENDIX D Single/Sole Source Justification Form(Form Attached Separately): There may be times when competitive bids are not appropriate and the requirement for obtaining them is waived. Failing to anticipate needs resulting from poor planning is not an exception to the bidding policy. For an exception to be valid, a clear statement of justification for waiving the competitive bidding process must be submitted in writing for approval by completing the Sole Source Justification Form. Situations that would justify purchases without the competitive bid process are: • The supplier is obviously a sole source for the item. Examples: o Artwork o Unusual and not generally available used equipment o A very specialized piece of scientific equipment o A specialized service (lobbyist, consultant) when the supplier has a one-of-a- kind ability to provide the required service due to demonstrably unique circumstances (knowledge, contacts, experience) • There is an undeniable compatibility requirement. The item will be hooked up to existing equipment or the purchase is an upgrade to existing equipment/software. • There has been an unpredictable emergency and there is no time to bid. Examples: o Human life, health, or City property is in jeopardy o Repairs are immediately needed for equipment where delay would lead to higher expense. • Subcontracts whereby the agreement to work with another individual or institution was written into the grant award. Situations that would NOT justify purchases without the competitive bid process are: • Supplier is offering a very good deal. While this may be true, federal guidelines require a competitive bidding process that demonstrates that due diligence was used. • Long-term need was ignored and now the purchase needs to be made as soon as possible. Busy schedules do not excuse the City from following federal regulations • Supplier is very convenient to use. Convenience is not a strong enough factor to allow the granting of a waiver from the process. An emergency situation must be present. • The company already started the work. Making such agreements or purchases at a departmental level is contrary to this policy and federal regulations.