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Home My WebLink AboutResolution 07-010-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington RESOLUTION TO AUTHORIZE SOLE SOURCE PURCHASE FROM WASHINGTON AIR REPS FOR THE FACILITIES AND MAINTENANCE DEPARTMENT TO PURCHASE A COOLING TOWER FOR THE LAW AND JUSTICE CENTER. RESOLUTION No. 07- 0/0 -CC WHEREAS, R.C.W. 39.04.280 provides for the exemption from the competitive bidding requirements; and, WHEREAS, competitive bidding requirements may be waived by the governing body of the municipality for purchases that are clearly and legitimately limited to a single source supply and purchases involving special facilities and market conditions; and, WHEREAS, it has come to the attention of the Board that a request for sole source purchase of A Cooling Tower for the Facilities and Maintenance Department, Grant County Courthouse; and, WHEREAS, Washington Air Reps possess the unique and singularly available capability to meet the requirements of the solicitation; now, therefore, BE IT HEREBY RESOLVED by the Board of Grant County Commissioners that the bidding requirements be, and hereby are, waived pursuant to R.C.W. 39.04.280 and that Washington Air Reps be, and hereby is, authorized as the sole source vendor for this sole source purchase. n Done this day of January, 2007. Yea Nay 4� ❑ BOARD OF COUNTY COMMISSIONERS Abstain GRANT COUNTY, WASHINGTON j LeRoy C. Allison, C 19 Page 1 of 1 /�AO4 it MV3 JAN 0 5 2007 s OL JAN 0 5 2007 REQUEST FOR SOLE SOURCE To: Purchasing Office From: Name of DepartmentRead Dept.,DivtSW1 Subject: Sole Source Request for the Purchase Of., REQUESTED REQUISITION N'U'MBER:---____— COST ESTIMATI_ ►M Sole source purchases are defined as clearly and legitimately limited to a sin &le supiie . Sol„ source purchases are normally not allowed except when based upon strong technologicai grounds such as operational compatibility with existing equipment and related parts or Ripon. a clearly t_;�ique and cost effective feature requirement. The use of sole source purchases shall he ilntited only to those specific instances which are totally justified to satisfy compatibility or technical perr.w armee needs. STATEMENT' OT NEED: My departniant's recommendation for sole source is based upon an objective review of th-_ produet'service required and appears to be it., the best interest of the I know of no conflict of interest on my part or personal involvement in any No way with this request. giafu. hies, favors or m copromising action, have taken place. Neither has my personal familiarity with particular brands, types equipme,A, materials or :firms been a deciding influence on my request to sole source this purchase when taere are ether known siropl:ers to exist. Refer to the attachedscLle so rce justificatiop as prepared by our department, to the atimcbed review of available products/services and to my completed Purchase Requisition. Requestor Department Approved Signature of B< questor Date SgnatS or more: Purchasing msr• ❑ Rejected ❑ Approved ❑ Rejected ❑ Approved ❑ Rejected Signature of Purchasing Manager Date Signature of City Attorney Date ASOLE SOURCE JUSTIFICATION Requisition Item:+KA�i Requisition Number: Prior Purchase Order Number (if item had been approved previously): _ 1. Please describe the item and its function: / AA ("k)f;VIPAJIV 2. This is a sole source* because: ❑ sole provider of a licensed or patented good or service �j sole provider of items that arc compatible with existing equipment, inventory, systems, programs or services ❑ sole provider of goods and services for which the City has established s standard" ❑ sole provider of factory -authorized warranty service ❑ sole provider of goods or services that will meet the specialized needs <f due City or perfr, tm the intended function (please detail below or in an attachment) ❑ the vendor/distributor is a bolder of a used item that would represent good value and is advantageous to the City (please attach information on market price survey, availability, etr:.) 3. What necessary features does this vendor provide which are not available from other vendors? Please be specific. rXe AAoci A5ol�,vAv7l c,WA�p 7~ 4 %Ott AqJL fifes z o �Z04P,�ellll 6;7 4. Whit steps were taken to verify that these features are not available e;s; ❑ Other brands/manufacturers were examined (please list phone numbers and name.; and ext lain why these were not suitable) � ,✓ nn�p /�fee�fr:r p �+/ C3?P e. ,g,t� oh�{n�t ,r�•,/d? �{el.�Kla¢ �� ' sem"-�•e� ❑ Ci 1::r vcndors were contacted (please ;lst phone m mbo s and n :ncs, of":Di%f + w ; not suitable).G�4yt/�e�E� �,6-A#A-mow Iy IVA 1 JIM *Sole Source; only one vendor possesses the unique and singularly available capability to meet the requirement of the solicitation. **Procurements of items for which the City bas established a standard by desiguating a brand or rnanufac!urer or by pre - approving via a testing shall be competitively bid if there is more than one vendor of the item. Vem Cummings From: John Carpita (jcarpita@mrsc.org] Sent: Thursday, January 04, 2007 12:05 PM To: Vern Cummings Subject: Sole Source Purchase Attachments: EverettSoleSourceForm.doc; EverettSoleSource.doc This email responds to your research request: /no,O11A 1— � ��`�� I left a message about advertising for a specific item (Baltimore Air Coil Cooling Tower) on your phone. Is it legal to request bids for a specific item? I have talked to the engineers that designed the building and the roof load and structural was designed with the B.A.C. unit and recommended a direct replacement, but with building modifications we could retrofit another product. 1 would think that would not be necessary to do just to satisfy the bidding requirements. Given the circumstances, a sole source or special facilities purchase under RCW 39.04.280 is justified. See section 1a and 1b below: RCW 39.04.280 v Competitive bidding requirements – Exemptions. This section provides uniform exemptions to competitive bidding requirements utilized by municipalities when awarding contracts for public works and contracts for purchases. The statutes governing a specific type of municipality may also include other exemptions from competitive bidding requirements. The purpose of this section is to supplement and not to limit the current powers of any municipality to provide exemptions from competitive bidding requirements. \\\j (1) Competitive bidding requirements may be waived by the governing body of the municipality for: (a) Purchases that are clearly and legitimately limited to a single source of supply; (b) Purcbeses involving s (c) Purchases in the event of an emergency; (d) Purchases of insurance or bonds; and (e) Public works in the event of an emergency. (2)(a) The waiver of competitive bidding requirements under subsection (1) of this section may be by resolution or by the terms of written policies adopted by the municipality, at the option of the governing body of the municipality. If the governing body elects to waive competitive bidding requirements by the terms of written policies adopted by the municipality, immediately after the award of any contract, the contract and the factual basis for the exception must be recorded and open to public inspection. If a resolution is adopted by a governing body to waive competitive bidding requirements under (b) of this subsection, the resolution must recite the factual basis for the exception. This subsection (2)(a) does not apply in the event of an emergency. (b) If an emergency exists, the person or persons designated by the governing body of the municipality to act in the event of an emergency may declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the municipality to address the emergency situation. If a contract is awarded without competitive bidding due to an emergency, a written finding of the existence of an emergency must be made by the governing body or its designee and duly entered of record no later than two weeks following the award of the contract. (3) For purposes of this section "emergency" means unforeseen circumstances beyond the control of the municipality that either: (a) Present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. [1998 c 278 § 1.1 The Board of Commissioners should pass a resolution waiving competitive requirements for this purchase under either 1 a or 1 b above, citing the rationale in you research request above. For future use, I've attached a sole source form and policy from the City of Everett. 144(5�Y/O* %/ke Ya^t- 16st S it. s�i �l AA 1/11/2007 // K Page 2 of 2 Clm�o rill nr .mail mn if vnn haves nnv miesfinns nr need fiilther information. John W. Carpita, P.E. Public Works Consultant Municipal Research and Services Center 2601 Fourth Avenue, Suite 800 Seattle, WA 981 21-1 280 206-625-1300 Fax: 206-625-1220 jcarpita@mrsc.org www.mrsc.org 1/11/2007