Background/Purpose of Request:
The North Carolina bidding statutes encourage competition for the purchase of materials but recognizes that in certain situations exceptions to the bidding requirements are warranted. One such exception that is particularly relevant to purchases of apparatus, supplies, materials, or equipment occurs when:
- performance or price competition for a product are not available
- a needed product is available from only one source of supply; or
- standardization or compatibility is the overriding consideration
This exception must be approved by the governing board in advance of contract award.
Often, products are only available from an exclusive vendor and price competition is not available. Some existing processes are proprietary and replacement parts must be purchased from a specific manufacturer/vendor/distributor. Additionally, standardization and compatibility may be an overriding consideration for many items. Standardization allows for consistency in treatment, performance, technical support, and maintenance support. It further provides for a single point of contact/responsibility for equipment and warranty support. In the case of some major projects, both in water and wastewater treatment, the entire process must be determined to complete the design, and compatibility becomes the overriding consideration. Standardization allows for a reduction in both staff training time and the amount of inventory required to be on-hand.
Staff has had opportunity to evaluate multiple types of equipment and processes from multiple manufacturers over the years, and found in many cases some products simply do not meet expectations for reliability and/or level of service. A common goal has been to increase efficiencies by standardizing on products when in the best interest of the utility and public while still providing as much competition as possible.
The attached list specifies apparatus, supplies, materials, or equipment to be purchased under the bidding exception found at NCGS 143-129 (e) (6). The justification for the bidding exception is listed and the source of supply is listed if the product is available from only one source of supply. The county’s purchasing policy requires that bidding exceptions be reviewed at least every three years, so the original date of Board approval and most recent date of approval are listed. .
Staff requests the Board approve the attached resolution excepting the purchase of certain apparatus, supplies, materials, or equipment from certain bidding requirements in accordance with NCGS 143-129(e) (6). |