§ 102-384. Award without competition.

(a)

Statement of policy. Notwithstanding any other provision of this article, a contract may be awarded by the board of commissioners without competition when the county manager and the purchasing agent determine, in writing, upon recommendation of the user department and after the purchasing agent conducts a good faith review of available sources, that there is only one source for the required work, labor, or service to be done or the supplies, materials, or equipment to be furnished.

(b)

Conditions for use. The following categories are permitted as basis for conditions allowing award of contracts without competition:

(1)

When required in order to comply with, or avoid voiding of or penalties under, licenses and warranties held by the county;

(2)

Expert services, acquiring the services of an expert or neutral person for any anticipated litigation or dispute;

(3)

The existence of limited rights in data, patent rights, copyrights, or secret processes; or similar circumstances, make the supplies and services available from only one source;

(4)

When necessary to maintain compatibility with existing equipment or systems, only specified makes and models of technical equipment, software, and parts will satisfy the county's needs for additional units or replacement items, and only one source is available;

(5)

Authorized or required by statute, a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source;

(6)

Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or high-specialized equipment, including major components;

(7)

A governmental agency is the only provider of the service and/or services;

(8)

When a review of the market demonstrates that the work, services, or materials sought by the county are so unique that only one vendor can satisfy the county's requirements;

(9)

When acquiring utility services; or

(10)

When acquiring legal services.

(c)

All intended sole source acquisitions shall be advertised on the county's bid board/internet for a minimum of five business days. The advertisement must include the following:

(1)

A brief description of the supplies and/or services;

(2)

The identity of the sole source supplier;

(3)

A copy of the completed sole source justification form; and

(4)

Instructions to the vendors how to submit any offers to perform the sole source determination.

(d)

Negotiations. The purchasing agent, in conjunction with the user department, shall conduct negotiations based upon written documentation and estimates provided in writing by the user department as to quality, price, delivery and terms of performance. A contract shall be written based upon the negotiated terms and conditions.

(e)

Recordkeeping. A record of all sole source procurement shall be maintained as a public record for a minimum of three years and shall list each contractor's name; the amount and type of each contract; a listing of the work, labor, or service to be done or the supplies, materials or equipment to be furnished under each contract; and the identification number of each contract file. A separate record of sole source procurement shall be maintained as a public record for each fiscal year.

(Res. No. 13-0052, 1-23-13)

Note— Formerly Code, Pt. I, § 2-319.