§ 2-26-40. Waiver of competition.

(a)

The methods and policies governing the selection of sources shall be those established in this purchasing code, or by administrative procedures and standards adopted by the county administrator upon the advice of the purchasing official, and may include, but shall not be limited to, competitive sealed bids, proposals, requests for qualifications, invitations to negotiate, proposals submitted for competitive negotiation, proposals for designated professional services, noncompetitive purchases, purchases with limited competition, emergency purchases, sole source purchases, small purchases, and exceptions to the competitive selection procedure.

(b)

As a minimum, the policies, standards and procedures shall provide the conditions for use, for each source selection method, the nature and duration of the public announcement or notice, and the conditions for the award of any contract.

(c)

Where not otherwise prohibited by law, the county administrator is authorized to provide for the limited or complete waiver of competitive source selection policies and procedures for category 1 through 3 purchases, as those categories are defined by the county commission, upon a determination that the likely, non-speculative cost of competitive purchasing would exceed any potential savings and benefit to the county or upon a determination that the acquisition of the goods or services should be provided by a unique source or provider based upon particular skills and expertise. Waivers may also be authorized for any purchasing category where required under emergency conditions. All such determinations shall be made in writing and maintained so as to provide electronic access to the county commission and county attorney's offices. In the event the county commission determines for category 4 or 5 purchases that the likely, non-speculative costs of competitive purchasing would exceed any potential savings and benefit to the county, or that such a process would likely result in substantial financial loss to the county, or that the acquisition of the goods or services should be provided by a unique source or provider based upon particular skills and expertise, the commission may, upon the request of the county administrator, grant a limited or complete waiver of competitive source selection policies and procedures.

(Ord. No. 08-43, § 1, 8-26-08; Ord. No. 09-52, § 8, 7-28-09; Ord. No. 11-43, § 7, 11-21-11; Ord. No. 13-47, § 1, 12-3-13; Ord. No. 14-32, § 7, 9-23-14)