§ 34.153 COMPETITIVE BIDS.
   (A)   Procedure. All purchases required by the Board of Trustees, or other authority, to be made by competitive bid shall contain the following information:
      (1)   The notice required herein shall include a general description of the services required or the articles to be purchased and shall state where bids shall be submitted and where specifications may be secured and the time and place of opening of bids.
      (2)   When deemed necessary by a purchasing officer or the Board of Trustees, bid deposits may be required, and when they are required, it shall be so stated in the public notice inviting bids. Unsuccessful bidders shall be entitled to a return of such money where it has been required. A successful bidder, when bid deposits have been required, shall forfeit the bid deposit required upon his or her failure to enter into a contract within ten days after the award.
      (3)   Bids shall be submitted, sealed, to the purchasing officer, Town Clerk or other designated individual and shall be identified as bids on the envelope. Bids shall be opened at such time and place as contained in the notice.
      (4)   The Board of Trustees shall have the authority to reject all bids, parts of all bids, or all bids for any one or more supplies or contractual services included in the proposed acquisition when the public interest will be served thereby. The town shall not accept bids of any person who is in default of the payment of taxes, licenses, utilities or other monies due to the town.
      (5)   Contracts shall be awarded to the lowest best bidder. In determining the lowest best bidder, in addition to the price, the following factors should be considered:
         (a)   The capacity and skill to perform the contract or to provide the service;
         (b)   Whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference;
         (c)   The character, integrity, reputation, judgment, experience and efficiency of the bidder;
         (d)   The quality of performance of previous contracts or services;
         (e)   The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
         (f)   The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;
         (g)   The quality, availability and adaptability of the supplies, or contractual services to the particular use required;
         (h)   The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and
         (i)   The number and scope of conditions attached to the bid.
   (B)   Award to other than low bidder.
      (1)   When the award is not given to the lowest bidder, a full statement of the reasons placing the order elsewhere shall be entered on the minutes of the Board of Trustees.
      (2)   When one or more bids are received for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a bidder residing within the corporate limits of the town. When one of the bidders does not reside in the town, the award shall be made to the bidder residing in the closest proximity to the town.
   (C)   Solicitation of quotes authorized.
      (1)   Unless otherwise authorized in division (D) below, for any purchase of supplies, materials, vehicles or equipment exceeding $10,000, the purchasing officer shall submit to at least three persons, firms or corporations dealing in and able to supply the same, or to a smaller number if there are not three persons, firms or corporations dealing in and able to supply the same, a request for quotation, or invitation to provide a quotation, giving them an opportunity to provide a quotation or bid after giving the specifications and/or requirements for the supplies, materials, vehicles or equipment to be purchased.
      (2)   The solicitation of quotes pursuant to this subsection is not authorized if a competitive bidding procedure is required by state law or ordinance.
   (D)   Purchases authorized. The following purchases are authorized without the requirement of solicitation of quotes or the solicitation of bids, unless otherwise mandated by the Board of Trustees or required by law:
      (1)   The purchase of supplies, materials, vehicles or equipment whose cost does not exceed $10,000 in a single transaction and for which competitive bidding is not required by law;
      (2)   The purchase of supplies, materials, equipment or contractual services which can be furnished only by a single dealer, or which have a uniform price wherever purchased;
      (3)   The purchase of supplies, materials, equipment or contractual services purchased from another unit of government at a price deemed below that obtainable from private dealers, including government surplus;
      (4)   The purchase of supplies, materials, equipment or contractual services when purchased at a price not exceeding a price set therefor by the state purchasing agency or any other state agency hereafter authorized to regulate prices for items purchased by the state, whether such price is determined by contract negotiated with a vendor or otherwise;
      (5)   The purchase of supplies, materials, vehicles or equipment directly from any contract duly awarded by this state or any state agency pursuant to the State Central Purchasing Act, and commonly referred to as the “state bid price;”
      (6)   Purchases of supplies, materials, vehicles, equipment or contractual services pursuant to cooperative purchasing agreements entered into with a public agency or a political subdivision of the state, or another state as authorized by the Interlocal Cooperation Act, 74 O.S. §§ 1001 et seq.; and
      (7)   Contractual services of a professional nature, such as engineering, architectural, financial, accounting, medical or legal, unless competitive bidding is required by applicable law or regulation.
(Ord. 2021-10, passed 10-14-2021)