(A) Public hearing and findings. Contract specific special procurement pursuant to the authority of ORS 279B.085 shall be undertaken only after:
(1) A public hearing with notice thereof advertised once at least ten days prior to the date set for public hearing in a newspaper of general circulation; and
(2) Adoption of the findings required by ORS 279B.085.
(B) Procurement procedures. The contract specific special procurement shall be conducted in accordance with method approved by the City Council and 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 with, the provisions of OAR 137-047-0285(2) regarding required public notices shall not be applicable to special procurement.
(C) Protests. Any person may protest a proposed call special procurement at the public hearing before the City Council pertaining to said class special procurement. No judicial review of the approval thereof shall occur if protest is not made.
(D) 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.
(E) Notices, protests and judicial review.
(1) Protest of terms of solicitation. A protest of the terms of a solicitation under ORS 279B.405, if one is made under the approved special procurement procedure, must be made not less than seven days after the initial advertisement or seven days prior to the bid opening, whichever is earliest.
(2) Notice of intent to award.
(a) Prior to award of a contract under the special procurement process, the city shall provide a notice of intent to award the contract which notice shall:
1. State to which contractor 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;
2. 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
3. The protest will be barred if not filed within that time period.
(b) The notice of intent to award shall be mailed by first class mail and either faxed or emailed to participating or interested contractors no later than seven days prior to the date set for award of contract.
(3) 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.
(Ord. 2010-01, passed 7-1-2010)