(A) (1) General requirements. Procurement pursuant to competitive sealed bids shall be conducted in accordance with the state’s Public Contracting Code and model rules provided however that the city adopts the following changes to the model rules, to wit, OAR 137-047-0255 shall not be applicable to competitive sealed bid procurement by the city.
(2) City rule. The city may include such provisions in the invitation to bid, in addition to those required by ORS 279B.055, as is appropriate to describe necessary terms, conditions and bidding procedures to prospective bidders and as necessary to otherwise comply with the requirements of law.
(3) Notices, protests and judicial review.
(a) Protest of terms of solicitation. A protest of the terms of a solicitation under ORS 279B.405 must be made not less than seven days after the initial advertisement or seven days prior to the bid opening, whichever is earliest.
(b) Notice of intent to award.
1. Prior to award of a contract, the city shall provide a notice of intent to award the contract which notice shall:
a. State to which bidder the city intends to award the contract and that the contract will be awarded seven days after the date of mailing of said notice, if no protest is filed;
b. State that a protest may be filed with the City Council at any time prior to the expiration of seven days after mailing of the notice; and
c. The protest will be barred if not filed within the time period.
2. The notice of intent to award shall be mailed by first class mail and either faxed or e-mailed to all bidders no later than seven days prior to the date set for award of contract.
(c) Protests. Protests shall be reviewed and determined by the City Council in accordance with the requirements of the state’s Public Contracting Code and the model rules and in accordance with the procedures set forth in § 35.04 of this chapter.
(B) (1) General requirements. Procurement pursuant to competitive sealed proposals shall be conducted in accordance with the state’s Public Contracting Code and model rules; provided, however, that, the city adopts the following changes to the model rules, to wit, OAR 137-047-0260 shall not be applicable to procurement by the city pursuant to competitive sealed proposals.
(2) City rule. The City may include such provisions in the request for proposal, in addition to those required by ORS 279B.060, as is appropriate to describe necessary terms, conditions and contact proposal procedures to prospective proposers and as necessary to otherwise comply with the requirements of law.
(3) Notices and protest. The procedures and time periods for:
(a) Protest of the terms of solicitation;
(b) Issuance of a notice of intent to award; and
(c) Review and determination of protests are as set forth in § 35.04 of this chapter.
(Ord. 2010-01, passed 7-1-2010)