If bids or quotes are solicited for a public improvement contract, and all bids or quotes exceed the budget for the project, the contracting agency may, prior to contract award, negotiate for a price within the project budget under the following procedures.
   (A)   (1)   Negotiations will begin with the lowest, responsive, and responsible bidder or proposer.
      (2)   If negotiations are not successful, then the contracting agency may begin negotiations with the second lowest responsive, responsible bidder or proposer, and so on.
   (B)   Negotiations may include value engineering and other options to attempt to bring the project cost within the budgeted amount.
   (C)   A contract may not be awarded under this section if the scope of the project is significantly changed from the description in the original solicitation or bid documents.
   (D)   The contracting agency will adhere to the provisions of ORS 279C.340 in applying this section.
(Ord. 02-2012, passed 10-10-2011)