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(1) If there is only one manufacturer or seller of a product of the quality required, or if the efficient utilization of the existing equipment or supplies requires a compatible product of a particular manufacturer or seller, the City may specify such particular product subject to the following conditions:

(a) The product is selected on the basis of the most competitive offer considering quality and cost. The term "cost" includes not only the product price but also other items of expense such as costs related to quality or conversion.

(b) Prior to awarding the contract, the City has made reasonable effort to notify all known vendors of competing or comparable products of the intended specifications and invited such vendors to submit competing proposals. If the purchase does not exceed $50,000, such notice and invitation may be informal. If the amount of the purchase exceeds $50,000, such notice shall include advertisement in at least one newspaper of general circulation in the area where the contract is to be performed and shall be timely to allow competing vendors a reasonable opportunity to make proposals.

(2) If the amount of the purchase exceeds $50,000 and is not also pursuant to the data and word processing exemption, Section 2.597, the City shall document its actions in the bid file. Such documentation shall include:

(a) A brief description of the proposed contract or contracts.

(b) A detailed description of the reasons why the product and/or seller was selected and any competing products and/or sellers that were rejected. The description shall also include the efforts taken by City to notify and invite proposals from competing vendors.

(3) If the City intends to make several purchases of the product of a particular manufacturer or seller for a period not to exceed two years, it may so state in the documentation required by subsection (1)(b) and section (2), and such documentation shall be sufficient notice as to subsequent purchases.

[Added Sec. 3, Ord. No. 5510, Sep. 5, 1985; Amd. Sec. 51, Ord. No. 2002-37, Mar. 7, 2002.]