§ 3-3-62. Conditions for use.

(a)

Upon a determination made in advance by the purchasing agent and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, goods, services or insurance may be procured by competitive negotiation. The writing shall document the basis for this determination. Notwithstanding the foregoing, upon a determination made in advance by the purchasing agent that the procurement of insurance by competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed broker or agent selected through competitive negotiation. The basis for this determination shall be documented in writing.

(b)

Construction may be procured only by competitive sealed bidding, except that competitive negotiation may be used in the following instances:

(1)

upon a determination made in advance by the purchasing agent and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, which writing shall document the basis for this determination; and

(2)

for the construction of highways, streets and alleys; for the draining, dredging, excavation or grading of, or similar work upon, real property; or as otherwise provided in section 3-3-70. (Ord. No. 2757, 1/22/83, Sec. 1; Ord. No. 3144, 6/14/86, Sec. 1; Ord. No. 3225, 6/13/87, Sec. 8; Ord. No. 3885, 9/21/96, Sec. 1; Ord. No. 4004, 6/13/98, Sec. 13; Ord. No. 4232, 1/26/02, Sec. 2; Ord. No. 4470, 12/16/06, Sec. 3; Ord. No. 4567, 12/13/08, Sec. 1; Ord. No. 4699, 12/18/10, Sec. 3; Ord. No. 4750, 2/25/12, Sec. 6; Ord. No. 5100, 1/20/18, Sec. 5)