You are here

    Home » Sec. 18-152. Methods of Procurement.

    Sec. 18-152. Methods of Procurement.

     

    Sec. 18-152. Methods of procurement.
     
    (a) All contracts by the city with nongovernmental contractors for the purchase or lease of goods, or for the purchase of services, insurance or construction shall be awarded after competitive sealed bidding or competitive negotiation as provided in this section, unless otherwise authorized by law.
     
    (b) Professional services shall be procured by competitive negotiation.
     
    (c)(1) Upon a determination, made in advance by the city manager and set forth in writing, that competitive sealed bidding is either not practicable or not advantageous to the public, goods, services or insurance may be procured by competitive negotiation. The writing shall document the basis for this determination.
     
    Upon a written determination made in advance by city council that competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed agent or broker selected in the manner provided for the procurement of things other than professional services in Section 18-151(3)b of the Code of Ordinances for the City of Lynchburg. The basis for this determination shall be documented in writing.
     
    (2) Construction may be procured only by competitive sealed bidding, except that competitive negotiation may be used in the following instances upon a determination, made in advance by the city manager 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:
     
    a. For the alteration, repair, renovation or demolition of buildings when the contract is not expected to cost more than five hundred thousand dollars ($500,000.00); or
     
    b. For the construction of highways and any draining, dredging, excavation, grading or similar work upon real property.
     
    (d) Upon a determination in writing that there is only one (1) source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. The city manager or his designee shall issue a written notice stating that only one (1) source was determined to be practicably available, and identifying that which is being procured, the contractor selected and the date on which the contract was or will be awarded. This notice shall be posted in a designated public area or published in a newspaper of general circulation on the day the city awards or announces its decision to award the contract, whichever occurs first.
     
    (e) In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The city manager or his designee shall issue a notice stating that the contract is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected and the date on which the contract was or will be awarded. This notice shall be posted in a designated public area or published in a newspaper of general circulation on the day the city awards or announces its decision to award the contract, whichever occurs first, or as soon thereafter as is practicable.
     
    (f) The city may award single or term contracts not to exceed thirty thousand dollars ($30,000.00) and contracts for microcomputers and related peripheral equipment and services not expected to exceed $30,000 without competitive sealed bidding or competitive negotiation. Competition will be required wherever practical, pursuant to policies and procedures adopted by the city manager.
     
    (g) Upon a determination made in advance by the city manager and set forth in writing that the purchase of goods, products or commodities from a public auction sale is in the best interests of the public, such items may be purchased at the auction. The writing shall document the basis for this determination. (Ord. No. O-82-262, § 1, 12-14-82; Ord. No. O-85-002, § 1, 1-8-85; Ord. No. O-88-015, § 1, 1-26-88; Ord. No. O-88-284, § 1, 10-25-88; Ord. No. O-90-129, 5-8-90; Ord. No. O-96-041, 2-13-96; Ord. No. O-96-272, 10-8-96)
     
    Last updated date: 10/23/2006 4:15:21 PM