(A) Method of solicitation and award.
(1) All contracts for a public improvement as defined in the state’s Public Contracting Code shall be awarded pursuant to a public bidding process, solicited pursuant to an invitation to bid, except for the following:
(a) Disabled individuals. Public improvement contracts with qualified non-profit entities providing employment opportunities to disabled individuals as defined in ORS 279C.335(1)(a);
(b) Small purchases. Purchased of goods or services in an amount less than $5,000;
(c) Intermediate contracts - competitive quotes. Contracts not to exceed $ 100,000, or not to exceed $50,000 in the case of a contract for a highway, bridge or other transportation protect, made under procedures for competitive quotes under ORS 279C.412 and 279C.414;
(d) Contracts exempted from bidding. Contracts exempted from the competitive bidding process after public hearing and required findings under the authority of ORS 279C.335(2), (3) and (4); and
(e) Contracts awarded by competitive proposal. Contracts awarded under competitive proposals as authorized by ORS 279C.400 through ORS 279C.410, after exemption from public bidding under ORS 279C.335.
(2) Applicable requirements. Contracts for public improvements shall be solicited and awarded in conformance with the state’s Code of Public Contracting and the model rules, except to the extent such rules have been modified herein.
(B) Contracts awarded by competitive quotes.
(1) Provision of authority. Public improvement contracts in an estimated amount of less than $100,000 or $50,000 in the case of a contract for a bridge, highway or other transportation project, may be awarded by competitive quotes under the procedures set forth in §§ 132 and 133, Ch. 794, and the provisions of the model rules, as modified herein.
(2) City rules. The following rules are adopted to supplement the provisions of the above statutes regarding award of contracts by competitive quotes.
(a) Model rules. The provisions of OAR 137-049-0160(2), (3), (4) and (5) are not applicable to the award of public improvement contracts under this section.
(b) Procedures for solicitation of quotes. Quotes for contracts estimated to be under $10,000 may be solicited orally and quotes may be provided orally. In such cases, however, the department head shall create a written record of the source and amount of the quotes received. In all other cases, the solicitation shall be in writing and be appropriate in detail and extent to the project involved. The solicitation shall include the specifications, contract terms and advice of the various contract provisions required under the state’s Public Contracting Code. Solicitations shall require that competitive quotes be submitted in writing for all contracts which are estimated to exceed $10,000 in amount. Written solicitations for quotes may be circulated or be made known to qualified contractors under any procedure deemed appropriate by the department head.
(c) Number of quotes. The department head shall endeavor to obtain at least three competitive quotes. If a written solicitation is made and less than three quotes are received, the department head shall make informal efforts to obtain an additional quote or quotes. In the event that less than three competitive quotes are received, the department head may nevertheless award a contract, but shall maintain a record of the efforts made to obtain quotes.
(d) Award of contract. The contract may be awarded based upon the criteria set forth in § 133, Ch. 794, Laws of 2003, and the department head shall make a written record of the basis of the award if the contract is awarded to the contractor who does not submit the lowest contract quote. The department head may include a description of the selection criteria in the solicitation, but is not required to do so.
(e) Execution of contract. After award, the city and the contractor shall execute a written contract, and any additional required certifications or documents, which shall incorporate the terms of the agreement and be sufficient to comply with the requirements of the state’s Public Contracting Code.
(C) Abrogation of certain model contract rules. OAR 137-49-0200(1)(b)(C) of the model rules relating to evaluation factors, is hereby abrogated as respects city transactions.
(Ord. 2010-01, passed 7-1-2010)