§ 12K.5. NONAPPLICABILITY, EXCEPTIONS, AND WAIVERS.

(a) Section 12K.4 shall not apply to Contracts, Subcontracts, or Property Contracts in the following circumstances:

(1) The contracting City department determines that needed services under the applicable Contract are available only from one source pursuant to applicable provisions of the Administrative Code; or

(2) The contracting City Department determines, pursuant to applicable provisions of the Administrative Code, that the Contract is necessary to respond to an emergency which endangers the public health or safety; and no entity that complies with Section 12K.4 and is capable of responding to the emergency is immediately available to perform the required services; or

(3) The contracting City department determines that there are no qualified responsive bidders or prospective vendors that comply with the requirements of Section 12K.4; and the Contract is for a service, project, or property that is essential to the City or the public; or

(4) The contracting City department determines that the public interest warrants the granting of a waiver because application of Section 12K.4 would have an adverse impact on services or a substantial adverse financial impact on the City; or

(5) The contracting City department determines that the services to be purchased are available under a bulk purchasing arrangement with a federal, state, or local governmental entity or a group purchasing organization; purchase under such arrangement will substantially reduce the City’s cost of purchasing such services; and purchase under such an arrangement is in the best interest of the City; or

(6) The contracting City department determines that the requirements of Section 12K.4 will violate or are inconsistent with the terms or conditions of a grant, subvention, or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention, or agreement, provided that the contracting officer has made a good faith attempt to change the terms or conditions of any such grant, subvention, or agreement to authorize application of this Section.

(b) The General Manager of the Public Utilities Commission may waive the requirements of Section 12K.4 where the Contractor is providing wholesale or bulk water, power, or natural gas, the conveyance or transmission of same, or ancillary services such as spinning reserve, voltage control, or loading scheduling, as required for assuring reliable services in accordance with good utility practice, to or on behalf of the San Francisco Public Utilities Commission; provided that the purchase of same may not practically be accomplished through the City’s standard competitive bidding procedures; and further provided that this waiver provision shall not apply to Contractors or franchisees providing direct, retail services to end users within the City.

(c) For any determination of nonapplicability, exception, or waiver pursuant to subsections (a) and (b), the contracting City department shall maintain a record documenting the basis for such decision. Each contracting City department that makes a determination of nonapplicability, exception, or waiver pursuant to subsections (a) and (b) shall submit a report to the City Administrator summarizing the Contract and the basis for inapplicability. Such reports shall be submitted annually within 30 days of the end of the fiscal year.

(Added by Ord. , File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)

(Former Sec. 12K.5 added as Sec. 12K.4 by Ord. 128-98, App. 4/13/98; renumbered and amended by Ord. 325-00, File No. 001920, App. 12/28/2000; Ord. 16-03, File No. 021853, App 2/7/2003; redesignated as Sec. 33A.5 by Ord. , File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)