Ordinance 3781-20 - Laserfiche WebLink

STANDARD PROCUREMENT POLICY& FEDERAL EMERGENCY CONTRACTING 10.5 SOLE SOURCE & PROCUREMENT BY NON-COMPETITIVE MEANS A. Sole Source:The City will follow 2 C.F.R. § 200.320(f) and documented per Section 9.4 of Part A Standard Procurement Policy, which also apply in a federal emergency. In the case of a sole source award to an existing contractor already performing work before a major disaster,there would be a substantial duplication of costs that would not be expected to be recovered through competition. This situation would arise, for example, if a contractor was in the middle of constructing a facility when the facility was damaged by a major disaster, and the scope of work under the proposed project was to repair the construction work completed as of the date of the incident. B. Emergency: The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. The City may forego public procurement requirements to address exigent circumstances--meaning that there is no time to conduct a procurement before the goods and services must be obtained. The City must document its rationale in the Procurement File. In making such a determination, the City will consider the totality of circumstances, including the following to determine whether a procurement meets the definition of"emergency" or"exigency" circumstance: i. An "exigency" is something that is necessary in a particular situation that requires or demands immediate aid or action. In the case of an exigency, the City would be seriously injured unless it performed the procurement in a noncompetitive manner. ii. An "emergency" is an unexpected and unusually dangerous situation that calls for immediate action or an urgent need for assistance or relief. An emergency will typically involve a threat to life, public health or safety, improved property, or some form of dangerous situation. For any"exigency" or"emergency:" Use of the public exigency or emergency exception is only permissible during the actual exigent or emergency circumstances. Once the exigent or emergency circumstances cease to exist,the City is expected to transition to a more appropriate method of contracting using full and open competition. Failure to properly transition to a more appropriate method of contracting at the end of the exigent or emergency circumstance jeopardizes federal funding. The federal awarding agency or pass-through entity authorizes this type of procurement in response to a written request from the City. Note that this approval is exceptionally rare. C. If, after following proper procurement guidelines by soliciting from several sources, competition is determined to be inadequate,the City may select a supplier provided a cost analysis is performed to demonstrate the cost of the goods or services is reasonable. This situation could arise when the City has advertised the Invitation for Bids or Requests for Proposals and solicited several sources but has received only a single bid or proposal or received no responsive bids or proposals. Such circumstances must be well-documented in the Procurement File. Before using this exception, the City should review its solicitation and the publicizing of its solicitation to ensure that the solicitation was not inadvertently drafted in a manner to reduce or eliminate competition, which resulted in the receipt of one or no proposals. If this Page 48 of 57