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EXEMPTIONS TO COMPETITIVE BIDDING REQUIREMENTS:
(435) 738-2464

EXEMPTIONS TO COMPETITIVE BIDDING REQUIREMENTS:

Municipal Code › Title 1 ADMINISTRATION › Chapter 9 PURCHASING SYSTEM

Section 1.9.7

EXEMPTIONS TO COMPETITIVE BIDDING REQUIREMENTS:

1. Uniqueness: Contracts which by their nature are not adapted to award competitive bidding, such as contracts for items which may be purchased from a single source only, contracts for repair and maintenance of equipment already owned by the city which may be most efficiently performed by the originator of the equipment or its agent, contracts for the purchase of used equipment or items that are unique as to quality, condition, and price, or contracts for a particular brand of equipment or product which is uniquely suited to the city's needs by reason of training of its personnel or compatibility with existing equipment, shall not be subject to the competitive bidding requirements of this chapter.
2. Auctions, Closeouts, Bankruptcy Sales: If the purchasing agent determines that supplies, materials, or equipment can be purchased at any public auction, closeout sale, bankruptcy, foreclosure, or other similar sale, and if the city council makes a finding that such purchase can be made at a cost below the market cost in the city, the purchase may be made without complying with the competitive bidding requirements of this chapter if otherwise allowed by law.
3. Emergency Purchases: In all cases where there is an immediate need for any material or supplies, goods, wares, or merchandise by any department of the city, the department head or designated employee shall write on his or her requisition to the purchasing agent, the words, "For Emergency Purchases"; and, when a requisition so marked is received by the purchasing agent, it shall be the purchasing agent's duty to give his or her immediate attention to the requisition. In the event that an emergency should arise after office hours that requires immediate action on the part of the city department involved for the protection of the best interest of the city, or should such a situation arise on a Saturday, Sunday, or holiday, and where it is not possible or convenient to reach the purchasing agent, any necessary purchase shall be made by the city department for which the purchase is necessary. The purchase shall be reported to the purchasing agent at the first of the next business day. Publication notices may be waived for emergency purchases. However, the purchasing agent must demonstrate a reasonable effort to contact two (2) or more vendors for price quotations. An "emergency" is any fact, circumstance or situation which threatens injury or damage as the result of any happening or circumstance which would delay the work of the city in such a matter as to vitally affect life, health, or convenience of the public. (Ord. 11-01, 2-24-2011)