This section applies to public contracts that are not contracts for public improvements or contracts for personal services. A public contract shall not be artificially divided or fragmented to qualify for a different award procedure than that provided by this section.
(A) Classes of contracts. The following classes of public contracts and respective award procedures are created.
(1) A public contract for an amount which is valued at $5,000 or more, but less than $10,000, shall be awarded by the contracting agency based on informal quotes. Amendments to public contracts under this section may not cause the contract price to exceed an amount that is 25% over the original contract price.
(2) A public contract for an amount which is valued at $10,000 or more, but less than $75,000, shall be awarded by the contracting agency based on formal quotes. Amendments to public contracts under this section may not cause the contract price to exceed an amount that is 25% over the original contract price.
(3) A public contract for an amount which is valued at $75,000 or more shall be awarded by the City Council based on competitive sealed bidding or competitive sealed proposals pursuant to the Public Contracting Code.
(B) Amendments. Subject to the limits in division (A) above, amendments to public contracts shall comply with the Public Contracting Code.
(C) Exemptions.
(1) The requirements of division (A) above do not apply to the following classes of public contracts:
(a) Equipment repair and overhaul;
(b) Purchases through federal programs;
(c) Additions to developer constructed public improvements; and
(d) Contracts for products or supplies under $5,000.
(2) For public contracts predominantly for services, one extension not exceeding the original term of the contract or annual renewals, if provided in the contract, is permitted without going through competitive procurement requirements.
(3) Amendments to contracts exceeding the limits in division (A) above shall be exempt if the City Council determines that it is not reasonably feasible to require additional competitive procurement to complete the purpose of the contract; otherwise the amendment shall comply with division (B) above or the City Council shall direct additional competitive procurement and the competitive procurement procedure required for the amendment.
(4) By resolution, the City Council may exempt other public contracts or classes of public contracts from the requirements of division (A) above pursuant to O.R.S. 279B.085.
(D) Publication of notice. Notice of solicitation documents may be published electronically, in lieu of publication in a newspaper of general circulation, if it results in a sufficiently large number of potential offerors to ensure sufficient competition to meet the best interests of the city.
(Ord. 2012-272, passed 3-26-2012)