§ 2.22.050. Non-Applicability, Exceptions and Limited Restricted Waiver.

The prohibition on contracting with firms that work on the Border Wall may be waived through a Limited Restricted Waiver by the City Council or City Administrator for purchases within their respective authorities for the following reasons:

i.

There is no other qualified responsive bidders, proposers, or prospective vendors or providers that comply with the requirements of this Chapter 2.22 to perform the applicable Contract, or as determined in writing by the City Administrator, the City would otherwise be unable to obtain essential goods or services on a reasonable basis; or

ii.

The City Administrator determines, pursuant to applicable provisions of the Oakland Municipal Code, that the Contract is necessary to respond to an emergency which endangers the public health or safety; and further determines that no entity that complies with the requirements of this Chapter 2.22 and is capable of responding to the emergency is immediately available to perform the required services; or

iii.

The City Administrator determines that there is a substantial difference in cost to purchase professional or technical services from another provider so that it impractical, fiscally imprudent or cost-prohibitive to contract with the sole or the few contractors or proposers that comply with this Chapter 2.22.

iv.

A Contractor has demonstrated that it has ceased to perform Border Wall Work, so long as the scope of those services has ceased before the Operative Date.

v.

This policy conflicts with law(s) specific to this prohibition.

The City Administrator shall maintain a record documenting the basis for, and periodically report to the City Council, every exercise of Limited Restricted Waiver implemented pursuant to this subsection, or any determination of non-applicability or exception. The City Administrator shall develop rules and regulations or Administrative Instruction which specifically address both the criteria and reporting procedures. Such rules and regulations shall be approved by the City Council.

(Ord. 13459, § 1, 11-28-2017)