A. Grant, Gift, or Bequest. In complying with the terms and conditions of any grant, gift, or bequest to the city, or to one of the city’s departments or subdivisions, committees, or a community organization which functions under city auspices, if such action is approved by the city council and is otherwise consistent with law.

B. Federal or State Assistance. When a procurement involves the expenditure of federal or state assistance funds, and to the extent that doing so requires that federal or state law be followed to the exclusion of city ordinances.

C. Emergency Procurement. Notwithstanding any other provision of this chapter, procurement may be made in emergencies by the purchasing agent, city manager, a department head, or a designee of such in instances in which the procurement could not reasonably have been made pursuant to this chapter; provided, that procurements shall be made with as much competition as practicable under the circumstances. Promptly thereafter, the procuring person shall provide a signed written statement to the city purchasing agent setting out in reasonable detail the item procured, the price, and cause and basis for the emergency and why the procedures set out in this chapter were not followed. A copy of the statement shall be included in the contract file.

D. Sole Source Provider. Procurements of products, services or construction items available only from a single provider. The city manager, department head, or purchasing agent shall find in writing that there is only one source for the item or service or shall state in writing that they have made reasonable efforts to locate other sources of a good or service and the basis for their determination that there exists no other source of a good or service who could reasonably be expected to provide such to the city.

E. Compatibility, Parts, or Training. Procurements or equipment which, by reason of the training of city personnel who service or operate such equipment, systems, or software, or which is an addition to or for the repair or maintenance of equipment owned by the city which may be more efficiently added to, repaired or maintained by a certain brand, person, or firm.

F. Additional or Replacement Parts. Equipment which, due to an inventory of replacement parts maintained by the city, is compatible only with existing equipment owned, leased or used by the city, need not, where the department head, city manager, or purchasing agent finds in a signed writing that the city’s interest is better served by so purchasing a different brand of such equipment.

G. Professional Services. Contracts for professional services reasonably expected to cost more than $2,500 for the services specifically set out in the contract shall be awarded at the discretion of the city manager, or a person designated by the city manager.

H. Insufficient Bids. Where fewer than three responses are made to a bid solicitation or request for proposals after reasonable efforts to obtain three or more bids or proposals, the purchasing agent or department buyer responsible for the purchase may, after making a signed writing setting out the circumstances thereof, a copy of which shall be placed in the contract file, make a purchase which in his or her reasonable discretion meets the purposes of this chapter by purchasing in a manner which does not conform to the formal bidding or RFP process set out in this chapter.

I. City Council Determinations. The city council may authorize the procurement of supplies, equipment, and services without complying with the provisions of this chapter when it determines that compliance with the procedure is not in the best interest of the city. A memo shall be placed in the file for the purchase setting out the reasons for not following the purchasing provisions which otherwise would apply.

J. Special Opportunity Purchases. Where a substantial savings will be realized thereby in the purchase of goods or nonprofessional services costing more than $25,000; and provided, that sufficient money has been appropriated for the purchase, a department may avoid competitive bidding or the RFP requirements set out in WPCC 3.25.060 by adherence to the following process, provided other applicable provisions of this chapter are met before the purchase is made: