City of San Bernardino
EXEMPT PURCHASE JUSTIFICATION FORM
Finance Department
Purchasing Division
Updated June 2025 Page 1 of 2
SECTION 1: GENERAL INFORMATION
VENDOR NAME: ITEM DESCRIPTION:
SECTION 2: FORMS OF EXEMPT PURCHASES
This form documents purchases exempt from competitive bidding under San Bernardino Municipal Code Section 3.04. All exemptions require written justification, appropriate documentation, and approval at the designated authorization level. A current quote showing scope, pricing, and duration must be attached. Select the applicable exemption type below.
SOLE/SINGLE SOURCE: Only one supplier can reasonably meet the department’s needs due to proprietary technology, required compatibility with existing systems, standardization, or a demonstrated track record of successful performance. Written justification and market research are required. ▪ Must demonstrate proprietary technology, exclusive licensing, or specialized performance requirements. ▪ Price cannot be the sole factor in determining sole source status. ▪ Requires market research documentation to substantiate the claim. ➢ Complete all of Section 3 (Questions 3.1–3.4).
COOPERATIVE AGREEMENT/PIGGYBACK: Procurement is being made under a cooperative purchasing agreement, leveraging an existing government contract to secure competitive pricing.
CONTRACT SOURCE: _____________________________ CONTRACT NUMBER: ______________________ ▪ Requires verification from the Purchasing Division before use. ➢ Complete Questions 3.1 and 3.3, if applicable.
EMERGENCY PURCHASE (Defined under San Bernardino Municipal Code 3.04.070): An urgent, unforeseen situation requiring immediate action to prevent or mitigate threats to life, health, property, or essential public services.
▪ Approval Required: Must be reported to the City Manager and City Council. ▪ Justification must include specific details on the emergency and why competition was not feasible. ➢ Complete Questions 3.1 and 3.3, if applicable.
➢ Provide the emergency details in Section 5: Additional Comments.
GRANT-DIRECTED: A procurement mandated by the terms of a grant agreement, such as a required vendor, specific product, or purchasing method identified in the grant award or funding conditions. Requires review by Grants Management and/or Legal.
▪ Must cite specific grant language supporting the exemption. ➢ Attach a copy of the grant agreement or relevant excerpt. ➢ Complete Questions 3.1 and 3.3, if applicable.
CONFIDENTIAL PROCUREMENT (Limited to City Attorney & Human Resources): The procurement involves sensitive or legally protected information that cannot be publicly disclosed. ▪ Must be reviewed by the City Attorney’s Office for legal compliance. ➢ Attach a memo or other supporting documentation as applicable.
SECTION 3: JUSTIFICATION FOR EXEMPT PROCUREMENT
3.1 Why is the acquisition restricted to this good/service/supplier? Tetra Tech BAS
Landfill OM&M
The services are restricted to Tetra Tech BAS because they are believed to be the best suited provider based on their extensive site-specific knowledge, long-standing history with the Waterman Inactive Landfill, and record of providing specialized professional services to the City in compliance with applicable regulatory requirements. ✔
Docusign Envelope ID: 974C6704-AEB3-4438-91E1-1D0BCFE7ED21 City of San Bernardino
EXEMPT PURCHASE JUSTIFICATION FORM
Finance Department
Purchasing Division
Updated June 2025 Page 2 of 2
3.2 Describe the uniqueness of the purchase (why was the good/service/supplier chosen?)
3.3 What are the consequences of not purchasing the good/service or contracting with the proposed supplier?
3.4 Summarize the market research conducted, including efforts to identify alternatives and determine price reasonableness.
Include supplier contacts, past purchase comparisons, or explain if no search was carried out.
SECTION 4: AUTHORIZING SIGNATURES
By signing below, I certify that I am authorized to submit this request, that it complies with the City’s procurement policies and MC §3.04, and that the selected vendor meets all qualification, pricing, and regulatory requirements. I understand that purchases over $100,000 require City Council approval, regardless of exemption. _________________________________ _______________
Department Head Date
Approved
_______________ _________________________________
Purchasing Manager (Up to $50,000) Date
Not Approved
Approved
_________________________________ _______________
City Manager (Up to $100,000) Date
Not Approved
SECTION 5: ADDITIONAL COMMENTS
The purchase is unique because it requires a firm with specialized, site-specific expertise developed through long-term involvement with the Waterman Inactive Landfill, including detailed knowledge of its engineered systems, regulatory history, and compliance obligations, which Tetra Tech BAS has established through two decades.
Failure to contract with Tetra Tech BAS would place the City at risk of losing access to the specialized, site-specific expertise necessary to properly operate, maintain, and monitor the Waterman Inactive Landfill, with potential negative impacts to the City’s ability to meet ongoing regulatory obligations and effectively manage the site in accordance with applicable requirements.
Market research consisted of reviewing prior City contracts and procurement actions for Waterman Inactive Landfill OM&M services, including the previously approved sole source agreement with Tetra Tech BAS. Due to the highly specialized and site-specific nature of the services, no alternative suppliers were identified with comparable expertise and performance. Price reasonableness was determined through comparison with the City’s current and past agreements for the same services, which show the proposed pricing to be consistent with inflation and prior contract amounts for equivalent scopes of work.
Docusign Envelope ID: 974C6704-AEB3-4438-91E1-1D0BCFE7ED21 1/28/2026
X
1/29/2026
2/1/2026