In certain circumstances, exceptions to competitive procurement requirements may be granted through the City Council acting as the city’s Contract Review Board. Departments will be required to show justification for any exemption request, receive approval from the Council as documented in the minutes/resolution, and provide proper documentation for the city’s procurement files.
(A) Sole source procurements (other than public improvements). A contract may be awarded as a sole-source procurement without competition pursuant to this section.
(1) Before a sole-source contract may be awarded, the purchaser shall make written findings that the goods or services, personal services, or professional services are available from only one source, based on one or more of the following criteria:
(a) The efficient use of existing goods or services, personal services, or professional services requires the acquisition of compatible goods or services, personal services, or professional services that are available from only one source;
(b) The goods or services, personal services, or professional services are available from only one source and required for the exchange of software or data with other public or private agencies;
(c) The goods or services, personal services, or professional services are available from only one source, and are needed for use in a pilot or an experimental project; or
(d) Other facts or circumstances exist that support the conclusion that the goods or services, personal services, or professional services are available from only one source.
(2) To the extent reasonably practical, contract terms advantageous to the city shall be negotiated with the sole source provider.
(3) The purchaser shall post notice of any determination that the sole source selection method will be used on the city’s website not less than ten days prior to the date a sole source contract will be awarded. The notice shall describe the goods or services, personal services, or professional services to be procured, identify the prospective contractor, and include the date and time when, and place where, protests of the use of a sole source selection method must be filed.
(B) Special procurements. In its capacity as Contract Review Board for the city, the City Council, upon its own initiative or upon request, may create special selection, evaluation, and award procedures for, or may exempt from competition, the award of a specific contract or class of contracts as provided in this section.
(1) The approval of a special solicitation method or exemption from competition must be based upon a record before the City Council that contains the following:
(a) The nature of the contract or class of contracts for which the special solicitation or exemption is requested;
(b) The estimated contract price or cost of the project, if relevant;
(c) Findings to support the substantial cost savings, enhancement in quality or performance, or other public benefit anticipated by the proposed selection method or exemption from competitive solicitation;
(d) Findings to support the reason that approval of the request would be unlikely to encourage favoritism or diminish competition for the public contract or class of public contracts, or would otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the solicitation requirements that would otherwise be applicable under these regulations;
(e) A description of the proposed alternative contracting methods to be employed; and
(f) The estimated date by which it would be necessary to let the contract(s).
(2) In determining a special selection method, the City Council may consider the type, cost, amount of the contract or class of contracts, number of persons available to make offers, and such other factors as it may deem appropriate.
(3) The city shall approve the special solicitation or exemption after a public hearing before the City Council.
(a) The city shall provide appropriate public notice of the hearing.
(b) At the public hearing, the city shall offer an opportunity for any interested party to appear and present comment.
(c) The City Council shall consider the findings and may approve the exemption as proposed or as modified by the City Council after providing an opportunity for public comment.
(C) Contracts. The following classes of contracts may be awarded in any manner that the City Recorder deems appropriate to the city’s needs, including by direct appointment or purchase. Except where otherwise provided, the City Recorder shall make a record of the method of award.
(1) Contract amendments shall not be considered to be separate contracts if made in accordance with these policies.
(2) Contracts for the acquisition of materials entitled to copyright, including but not limited to, works of art and design, literature and music, or materials even if not entitled to copyright, purchased for use as library lending materials.
(3) Contracts for equipment repair or overhauling, provided the service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing.
(4) Contracts for the purchase of items for which prices or selection of suppliers are regulated by a governmental authority.
(5) Contracts or arrangements for the sale or other disposal of abandoned property or other personal property not owned by the city.
(6) Contracts for the purchase of specialty goods by the city for resale to consumers.
(7) Sponsorship agreements, under which the city receives a gift or donation in exchange for recognition of the donor.
(8) Contracts for the disposal of structures located on city-owned property.
(9) Contracts that are being renewed in accordance with their terms are not considered to be newly issued contracts and are not subject to competitive procurement procedures.
(10) Contracts for a single period of one year or less, for the temporary extension or renewal of an expiring and non-renewable, or recently expired, contract, other than a contract for public improvements.
(11) The city may negotiate and enter into a license, permit, or other contract for the temporary use of city-owned property without using a competitive selection process if:
(a) The contract results from an unsolicited proposal to the city based on the unique attributes of the property or the unique needs of the proposer;
(b) The proposed use of the property is consistent with the city’s use of the property and the public interest; and
(c) The city reserves the right to terminate the contract without penalty, if the city determines that the contract is no longer consistent with the city’s present or planned use of the property or the public interest.
(12) The City Recorder may contract for the purchase of used property by negotiation if such property is suitable for the city’s needs and can be purchased for a lower cost than substantially similar new property.
(a) For this purpose, the cost of used property shall be based upon the life-cycle cost of the property over the period for which the property will be used by the city.
(b) The City Recorder shall record the findings that support the purchase.
(13) Contracts for the purchase of steam, power, heat, water, telecommunications services, and other utilities.
(14) Contracts for meeting room rental, hotel rooms, food and beverage, and incidental costs related to conferences and city-sponsored workshops and trainings.
(D) Emergency procurements. When the purchaser determines that immediate execution of a contract within the purchaser’s authority is necessary to prevent substantial damage or injury to persons or property, the purchaser may execute the contract without competitive selection and award or City Council approval, but, where time permits, competitive quotes should be sought from at least three providers.
(1) When the purchaser enters into an emergency contract, the purchaser shall, as soon as possible in light of the emergency circumstances, document the nature of the emergency, the method used for selection of the particular contractor, and the reason why the selection method was deemed in the best interest of the city and the public.
(2) The purchaser shall also notify the City Council of the facts and circumstances surrounding the emergency execution of the contract.
(E) Cooperative procurement contracts.
(1) Cooperative procurements may be made without competitive solicitation as provided in the Public Contracting Code.
(2) Suggested website to obtain quotes: “OregonBuy”; the state contracts website offers solicitation research and advertisement to help get the best cost quote for your goods, services, and public improvements (website: https://oregonbuys.gov.)
(3) In order to use this site, you will be assigned a login and password along with helpful guidelines to obtain the quotes for your request. Vendors offer their services through this site.
(F) Public improvements exempt from competitive bidding requirements.
(1) Specific exemptions to competitive bidding requirements exist for public improvement projects that meet the following criteria within the model rules:
(a) Projects that are unlikely to promote favoritism, and result in substantial cost savings (O.A.R. 137-049-0200);
(b) Energy saving performance contracts (O.A.R. 137-049-0680);
(c) Design/build contracting (O.A.R. 137-049-0670); and
(d) Construction manager/general contractor projects (O.A.R. 137-049-0690).
(2) Public improvements exempted from competitive bidding requirements must be approved by the City Council acting as the city’s local Contract Review Board. The city must prepare and submit findings and hold a public hearing in accordance with O.R.S. 279C.335.
(Ord. 329-21, passed 8-3-2021)