§ 7.300. Methods of Source Selection.

A.

Exemptions from Competitive Procedures. All purchases shall be made by competitive procedures except:

1.

Where otherwise authorized by law, ordinance, policies and procedures, or City Council action;

2.

As specifically provided in Sections 7.308 through 7.310;

3.

When purchasing construction services, supplies or services from public entities;

4.

When purchasing off of or utilizing a public entity or cooperative contract, or otherwise making a purchase pursuant to Section 7.1000; or

5.

Where, for good cause shown and in the best interests of the City, the Chief Procurement Officer, with approval from the Chief Financial Officer, authorizes the procurement of construction, supplies or services without strict compliance with the provisions of this Code in order to best serve the general public health, welfare or safety.

B.

Preferred Method. The preferred method of procurement shall be competitive sealed bidding.

C.

Single Response. Where only one response is received to a solicitation, an award may be made to such respondent if the Chief Procurement Officer determines: (1) that the price submitted is fair and reasonable; (2) that other prospective respondents had a reasonable opportunity to respond; and (3) that it is in the best interest of the City to proceed with award. Otherwise, a single response to a solicitation may be rejected pursuant to Section 7.312, and the Chief Procurement Officer may: (1) cancel the proposed procurement; (2) solicit new bids, proposals, or sealed replies; or (3) proceed with procurement as otherwise provided in this Code.

D.

Reciprocal Local Preference. When the City is required to procure supplies or services through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a city, county, or state ("area") which grants a preference for the procurement of such supplies or services to a vendor whose principal place of business is in such area, then the City may award a preference to the lowest responsible and responsive vendor having a principal place of business in the Metropolitan Statistical Area (MSAs, i.e. Orange, Seminole, Lake and Osceola counties), which preference is equal to the preference granted by the area in which the lowest responsible and responsive vendor has its principal place of business.

1.

This Reciprocal Local Preference shall not apply to the following procurements:

a.

Professional services which are subject to the Consultants Competitive Negotiations Act, Section 287.055, Florida Statutes, as amended;

b.

Procurements for which funding is received and local vendor preference is prohibited pursuant to any law, rule, regulation or policy;

c.

Procurements made utilizing cooperative purchasing agreements with other governmental or public entities;

d.

Procurements from local, State, GSA, and other federal contracts, and other public entities.

e.

Procurements made under emergency procedures as set forth in the City's Policy and Procedures; and

f.

Procurements made for items that have been deemed a sole source.

g.

Procurements where the principal place of business of a proposer or vendor cannot be reasonably determined.

2.

In determining the award of a contract, the City Council will apply this section as to best serve the interest of the City.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)