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A contract may be awarded for a supply, service or construction item without competition when one (1) or more of the following conditions exist.

(a) There exists only one (1) responsible source;

(b) Although there exists more than one (1) responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the Town, will otherwise injure the Town’s financial interests or will substantially impede the Town’s administrative functions or the delivery of services to the public, or provide uniform and economical repair and maintenance;

(c) A particular supply or service is required in order to standardize or maintain standardization for the purpose of reducing financial investment or simplifying administration;

(d) The supply is perishable;

(e) The supply qualifies as an object of fine art;

(f) A particular supply is required to match supplies in use;

(g) A particular supply is required to enable use by a specific individual;

(h) A particular supply is prescribed by a professional advisor;

(i) The contract is for purchases from federal, state or other local governments, which will expressly include awarding purchases made either with other units of government, such as the State of Colorado, or other state, regional or local governmental cooperative groups or agencies that have separately negotiated or awarded purchasing agreements based on a separate competitive bid and/or award process;

(j) The contract is for cleanup and disposal of hazardous materials;

(k) The contract is for CIRSA coverage or for insurance procured through a broker;

(l) The contract is for an employee assistance program;

(m) The product or service is required to maintain interchangeability or compatibility as part of an existing integrated system;

(n) The supply, service or construction is the subject of a change order to an existing contract for construction which does not exceed a cumulative cost of five percent (5%) of the original contract awarded pursuant to an invitation for bids;

(o) The supply, service or construction is the subject of a change order to an existing contract for construction which does exceed a cumulative cost of fifteen percent (15%) of the original contract awarded pursuant to an invitation for bids and the Town Manager determines that it is either not practicable or not advantageous to the Town to procure the additional supply, service or construction by competitive sealed bid; and/or

(p) In any case where the Town has, within the preceding two (2) years, pursuant to an invitation to bid, awarded a contract for the procurement of any supply, service or construction on a unit price basis, the Procurement Officer may negotiate with the successful bidder for the purchase of additional quantities of the supply, units of service or construction. No such procurement shall be made at a price higher than the previous award adjusted by the Denver/Boulder Consumer Price Index. (Prior code 17.03.050; Ord. 1564 §1, 2023)