§ 2-103. Sole source and noncompetitive purchases.

(a)

Definitions.

(1)

Sole source purchase. A sole source purchase exists when research has determined there is only one potential or reasonable provider for an item.

(2)

Noncompetitive purchase. A noncompetitive purchase exists when it is advantageous for the county to declare a purchase noncompetitive because it will (1) result in verifiable financial savings to the county, (2) is a trial program, or (3) utilizing a competitive process will be detrimental to timely securing of necessary goods or services. More than one potential supplier may exist for a good or service; however, the requesting agency shall provide the purchasing director with written justification that clearly describes and documents the advantages of declaring the purchase noncompetitive on the basis that only one reasonable and practicable source exists to supply a particular good or service. Such advantages may be based on, but not be limited to, uniqueness, vendor qualifications, and urgency of need.

(b)

Sole source and noncompetitive purchases may be made for goods and/or services when they are only available from a sole source or when it is determined by the purchasing director, after conducting a good faith review of available sources, that there is only one practical, practicable and reasonable source, and securing competitive pricing is not either not feasible or advantageous for the county. All sole source and noncompetitive purchases must be in the public's best interest and shall be justified. The purchasing director shall conduct negotiations as to price, quantity, delivery and other pertinent terms. All negotiations shall be conducted in a manner that favors the public's best interest and maintains the county's integrity. Conditions for such sole source and noncompetitive purchases shall include, but not be limited to, the following:

(1)

There exists only one responsible source;

(2)

Although there exists more than one responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the county, will otherwise injure the county's financial interests or will substantially impede the county's administrative functions or the delivery of services to the public;

(3)

A particular material or service is required to maintain interchangeability or compatibility as a part of an existing integrated system;

(4)

A particular material or service is required in order to standardize or maintain standardization for the purpose of reducing financial investment or simplifying administration;

(5)

The material is perishable;

(6)

The material qualifies as an object of fine art;

(7)

A particular material is required to match materials in use, so as to produce visual harmony;

(8)

A particular material is prescribed by a professional advisor or consultant;

(9)

A particular material is required to enable use by a specific individual; or

(10)

The material or service is the subject of a change order.

(11)

Renewal of software licenses and associated proprietary maintenance and support services.

(12)

Membership dues and fees for trade, professional, government and related associations.

(13)

Equipment maintenance, services, parts, warranties, education, and/or training, which are provided by manufacturers or authorized providers.

(14)

Utilities (water supply systems, sewer systems, pipelines, electric power transmission systems, natural gas systems, etc.) and other related natural monopolies (railroads, utility authorities, etc.).

(15)

Registrations, licenses, certifications and related products required by government and regulatory agencies.

(16)

Goods and/or services provided by other public entities (cities, counties, colleges, universities, etc.).

(17)

Advertising including, but not limited to, meeting notices, advertisement for bids, employment offerings, marketing campaigns (recycling, awareness, tourism, etc.), and other required advertisements in newspapers, magazines, and other media.

(18)

Postage and parcel services.

(19)

Medical supplies, medical equipment, and pharmaceuticals.

(20)

Purchase of library books, reference books and materials, electronic books, audio books, music materials, audiovisual materials, compact discs (CD), digital video disc (DVD), electronic resources and media (e.g. databases, etc.), periodicals and related subscriptions, education and personnel tests, textbooks, printed instructional materials films, filmstrips, videotapes, disc or tape recordings or similar audiovisual materials and for reference books, periodicals and printed library cards where such materials are purchased directly from the producer, publisher or authorized distributor, the owner of the copyright or patent, an exclusive agent within the state, a governmental agency or a recognized educational institution, provided that such purchases are in the best interest of the county.

(21)

Professional services that include, but are not limited to, physicians, real estate appraisers, insurance consultants, insurance administrators, geologists, hydrogeotechnical consultants, and certified public accountants.

(22)

Legal services that include, but are not limited to, retaining services of law firms, outside counsel, process servers, investigators, expert witnesses, trial consultants or similar persons or firms deemed by the county attorney, for any reason, as necessary to address the county's legal needs. Such firms or persons shall be selected by the county attorney.

(23)

Employee recruitment services that include, but are not limited to, temporary employment services, recruitment or headhunter services, and job posting services.

(c)

Award. Sole source and noncompetitive purchases shall be awarded in accordance with section 2-110.

(Ord. No. 15-26, § 2, 12-15-15; Ord. No. 18-16, § 6, 6-5-18)