§ 126.312. Single-source noncompetitive purchase of professional services.

(a)

Consistent with Section 126.206 hereof, upon a recommendation by the Chief and proper notice and approval under this Procurement Code, an exceptional purchase or purchase made without competition or advertisement can be made from a "single-source." For purposes of this Section, a "single-source" shall mean a person or entity who: (i) provides necessary follow-up professional services to the City, including, but not limited to, related studies, that may only efficiently and effectively be provided by such person or individual; or (ii) is the only one justifiable source available to provide necessary professional services to the City. Without competition or advertisement, but only after posting prior notice on Procurement's website for no less than seven calendar days, a single-source purchase, if found from the relevant facts presented by the using agency to be sufficiently and properly justified, may be awarded hereunder. As a condition precedent to consideration and an award hereunder, using agencies must submit to the Chief a written justification for each single-source, noncompetitive purchase, including without limitation a sufficient explanation, as determined by the Chief, as to why only the proposed services will satisfactorily fulfill the needs of the using agency. A requirement for a particular service will not justify an award in circumstances where there is more than one potential source that can efficiently and effectively provide the same. Proposed awards made hereunder may be timely protested pursuant to the Division's protest procedures.

(b)

The authority granted in subsection (a) of this Section to awarding agencies in the case of independent agencies shall only be available to those independent agencies that adopt an internal procedural rule providing that a two-thirds vote of the independent agency is necessary for approval of a single-source purchase. Furthermore, the secretary of the independent agency shall certify to the Chief and the City Council Auditor that the rule was in effect and followed on each single-source purchase awarded by the independent agency under the authority granted by subsection (a) of this Section.

(Ord. 2004-602-E, § 4; Ord. 2005-944-E, § 1; Ord. 2017-34-E , § 2; Ord. 2017-288-E , § 7)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.