§ 21-38 — Only practical source procurement

Sec. 21-38. - Only practical source procurement.

Should the Director determine in writing, after conducting a good faith review of available sources, that there is only one source practicably available for that which is to be procured, the Director may award a contract to that source without competitive sealed bidding or competitive negotiation and may conduct negotiations, as appropriate, as to price, delivery and terms. However, the Director shall not make such a determination until the Director has contacted the Office of Minority Business Development and learned whether minority business enterprises or emerging small businesses exist that would be qualified, willing and able to provide that which is to be procured. The writing shall document the basis for this determination. The Director shall maintain a record of only practical source procurements that lists the following for each procurement: (1) A description of that which is being procured; (2) The contractor selected; (3) The date on which the contract was or will be awarded; (4) The amount and type of the contract; and (5) The identification number of the contract file.

(Code 1993, § 22.1-64; Code 2004, § 74-42; Code 2015, § 21-38; Code 2020, § 21-38; Ord. No. 2006-134-105, § 1, 5-8-2006)