Except as otherwise required by law, the bidding requirements of the City shall be as follows:
A. Contractual Service Purchases. Contractual Services shall be purchased by formal written contract.
1. Contractual Services, when the estimated cost thereof of any Item exceeds Fifty Thousand Dollars ($50,000.00), shall be purchased using the competitive bidding procedure described herein from the lowest and best bidder or from the best value bidder, after due notice inviting bids.
2. Contractual Services, when the estimated cost thereof of any Item is Fifty Thousand Dollars ($50,000.00) or less may be purchased using the open market procedure as provided for herein.
3. The City of Grove may enter into Contractual Services with another public entity to exchange or trade equipment or supplies only when the value received equals the value given. The contract must include enforceable promises and benefits, plus accountability that assure the City of Grove is receiving equal value for value given. Contractual Services between the City of Grove and other public entities shall follow the City of Grove Purchasing Ordinance and the State of Oklahoma Interlocal Cooperative Act (as amended from time to time).
B. Supplies, Material and Equipment Purchases. Supplies, materials, and equipment shall be purchased as follows:
1. All purchases of any Item of supplies, materials, and equipment when the estimated cost of such Item exceeds Fifty Thousand Dollars ($50,000.00), shall be purchased by formal written contract or by purchase order from the lowest and best bidder or from the best value bidder, after due notice inviting bids.
2. All purchases of any Item or supplies, materials, and equipment, when the estimated cost of such Item is Fifty Thousand Dollars ($50,000.00) or less, shall be purchased using the open market procedure provided for herein.
C. Construction Projects. Construction Projects shall be purchased as follows:
1. All Construction Projects whereby the cost thereof exceeds One Hundred Thousand Dollars ($100,000.00), or construction management trade contracts or subcontracts exceeding Fifty Thousand Dollars ($50,000.00), as set forth in the Oklahoma Public Competitive Bidding Act, shall be bid in accordance with the requirements of that statute, specifically including that no work shall be commenced until a written contract is executed and all required bonds and insurance have been provided by the contractor.
2. All Construction Projects whereby the cost thereof is One Hundred Thousand Dollars ($100,000.00) or less, as set forth in the Oklahoma Public Competitive Bidding Act may be awarded by receipt of written bids or on the basis of competitive quotes from the lowest and best bid or from the best value bidder, using the open market procedure provided for herein.
3. The City of Grove shall not let or award a public construction contract exceeding One Hundred Thousand Dollars ($100,000.00) or a construction management contract or subcontract exceeding Fifty Thousand Dollars ($50,000.00) to any contractor affiliated with a Purchasing Cooperative unless the Purchasing Cooperative and the contractor have complied with all of the provisions of the Public Competitive Bidding Act of 1974, including submission of a written notice of competitive bidding.
4. In addition, the City of Grove may create a purchasing cooperative or contract with a Purchasing Cooperative to provide leverage in achieving best value or the best terms in contracts. To encourage intergovernmental collaboration, any Purchasing Cooperative or interlocal cooperative entity may utilize any single legal newspaper of this state to serve as sufficient compliance for bid notice requirements of competitive bidding or solicitation of bids. If the Purchasing Cooperative or interlocal cooperative entity is engaging in a project exclusive to a county or group of counties of this state, and not open to all governmental units or public trusts that wish to participate statewide, the bid notice shall be published in a legal newspaper located within the county or group of counties. Any local governmental unit or public trust that enters into membership or contracts with a Purchasing Cooperative or interlocal cooperative entity may enter into purchases or contracts under the terms negotiated by the Purchasing Cooperative or interlocal cooperative entity. If the Purchasing Cooperative or interlocal cooperative entity complies with the requirements of this section of law, all local governmental units shall be deemed in compliance with the requirements set forth for bid notices.
5. Other construction contracts for less than Ten Thousand Dollars ($10,000.00) may be negotiated with a qualified contractor.
D. State Contracts. Notwithstanding the foregoing limitations, competitive bidding shall not be required and the City Manager shall have the authority, instead, to make purchases under contracts let by the State of Oklahoma, when the best interests of the City would be served.
E. Surplus Property. No surplus or obsolete supplies, materials, or equipment of a value of more than Ten Thousand Dollars ($10,000.00) may be sold until the council shall have declared them obsolete or surplus. Before the City Manager sells any surplus or obsolete supplies, materials, or equipment, except as otherwise provided herein, he or she shall advertise them for sale in a newspaper of general circulation in the county or give notice in such other manner as he or she deems necessary adequately to reach prospective buyers to give them an opportunity to make bids. All bids shall be sealed and shall be opened in public at a designated time and place, except when the sale is by public auction. The City Manager may repeatedly reject all bids and advertise or give notice again. He or she may sell such supplies, materials, or equipment only to the highest responsible bidder for cash. In case of a tie, he or she may sell to either of the bidders tying, or may divide the sale among the two or more tying, always selling to the highest responsible bidder or bidders for cash.
The City Manager shall have the authority to determine the value of surplus, obsolete and unusable properties. The City Manager shall have the authority to dispose of such items that have an estimated individual value of less than Five Thousand Dollars ($5000.00) without taking bids or following the Open Market Sales and Purchases set-forth in this Chapter, Section 7-108.
F. Council Approval. For all purchases required to be made pursuant to the competitive bidding procedure herein, the Council shall determine which is the lowest and best bidder or the best value bidder. (Ord. 807, 10-19-2021)