A public improvement is a project for construction, reconstruction, or major renovation on real property, by or for the city. A public improvement does not include projects for which no funds of the city are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or emergency work, minor alteration, or ordinary repair or maintenance necessary to preserve a public improvement.
(A) Direct selection ($0 to $49,999).
(1) The signing authority for different levels of costs are specified in § 34.54 of this subchapter.
(2) Documentation required:
(a) Purchase order; and
(b) Description of selection method and documentation of three verbal quotes if over $5,000.
(B) Informal solicitation (less than $100,000). An informal written solicitation process may be used for public improvement contracts when the contract price is less than $100,000.
(1) An informal written solicitation shall solicit quotes from at least three qualified providers. If the purchaser determines three qualified providers are not reasonably available, fewer shall suffice if the reasons are documented in the procurement file.
(2) The solicitation document shall include:
(a) The date, time, and place that quotes are due;
(b) A description of public improvement sought, or the project to be undertaken;
(c) Any statement of the time period for which quotes must remain firm, irrevocable, valid, and binding on the offeror. If no time is stated in the solicitation document, the period shall be 30 days;
(d) Any required contract terms or conditions; and
(e) Any required quote form or format.
(3) Selection and ranking of quotes may be based on the following criteria:
(a) Capability to perform the public improvement required;
(b) Experienced staff available to perform the public improvement required, including the proposer’s recent, current, and projected workloads;
(c) Performance history;
(d) Fees or costs;
(e) Geographic proximity to the project or the area where the public improvements are to be performed; and
(f) Such other factors deemed appropriate, including a desire to ensure an equitable distribution of work among highly qualified contractors.
(4) Public improvement contracts procured by informal written solicitations pursuant to this section may be amended, provided the amendment is within the scope of the original contract and the cumulative amount of the amendments does not increase the total contract price by more than 10% over the original contract price; or the amendment is necessary to complete the work being performed and it would be unreasonable or impracticable to seek another provider within the time frames needed to complete the work;
(5) Documentation required:
(a) Purchase order;
(b) Authority for the purchasing transaction and basis for using the informal solicitation process;
(c) Copy of quote document (such as, request for quotes/proposals/qualifications and invitations to bid), copies of all quotes received, and evaluation of quotes (such as, scoring sheets, evaluation criteria, and selection considerations) attached to the approved purchase order in the purchasing system;
(d) Copy of contract document (signed by all parties); and
(e) Any evidence of Council approval, if applicable (minutes, resolution, and the like).
(C) Formal solicitations (more than $100,000). Public improvements over $100,000 shall be procured through a formal solicitation process.
(1) Invitations to bid must include the following information:
(a) Time and date by which the bids must be received, and a place where the bids must be submitted. The city may receive bids by electronic means or direct;
(b) Name and title of the person designated to receive bids and the contact person for the procurement, if different;
(c) Description of the procurement, which must: identify the scope of work, outline the contractor’s anticipated duties, set expectations for the contractor’s performance, and include all contractual terms and conditions applicable to the procurement;
(d) Time, date, and place for prequalification applications, if any, to be filed, and the classes of work, if any, for which bidders must be prequalified under O.R.S. 279B.120;
(e) All criteria to be used in evaluating the bids; and
(f) Additional statements as required by O.R.S. 279B.055.
(2) The invitation to bid may additionally include the following information:
(a) Criteria to determine minimum acceptability, such as inspection, testing, quality, and suitability for intended use or purpose; and
(b) Criteria that will affect the bid price and that will be considered in evaluating for award, including but not limited to discounts and transportation costs. Total costs of ownership or operation of a product over the life of the product must be objectively measurable if included.
(3) The city may require bid security if the purchaser determines that bid security is reasonably necessary or prudent to protect the interests of the city;
(4) A public notice may be provided in any manner deemed reasonably prudent considering the nature of the procurement. Public notice may be published on the city’s website, through an electronic procurement system, in a newspaper of general circulation in the area where the contract is to be performed. For construction contracts over $100,000, the city shall publish at least once in a newspaper of general circulation in the area where the contract is to be performed;
(5) The city shall evaluate all bids received before the time and date indicated for bid opening. The city may not consider for award any bids received after the time and date indicated for bid opening. All applicable preferences shall be applied in evaluating the bids. Bids shall be evaluated on the requirements and criteria set forth in the invitation to bid. No criteria may be used in the evaluation that were not set forth in the invitation to bid;
(6) At least seven calendar days before the award, the city shall provide written notice of its intent to award a contract to all bidders. A shorter notice period may be established, provided that the specific reasons for the shorter notice period are documented in the procurement file;
(7) The city’s award shall not be final until the later of either the expiration of the protest period following the notice of intent to award pursuant to O.A.R. 137-047-0740, or after the city provides written responses to all timely-filed protests denying the protests and affirming the award; and
(8) Public improvement contracts procured by formal solicitation pursuant to this section may be amended, provided the amendment is within the scope of the original contract and the cumulative amount of the amendments does not increase the total contract price by more than 10% over the original contract price; or the amendment is necessary to complete the work being performed and it would be unreasonable or impracticable to seek another provider within the time frames needed to complete the work.
(Ord. 329-21, passed 8-3-2021)