A. Compliance With Statute:
1. The City shall adhere to the provisions of 61 Oklahoma Statutes section 101 et seq., as amended, when determining when competitive bidding is required and the manner in which competitive bidding will be obtained.
2. In addition to the requirements of subsection A1 of this section, public trusts created pursuant to 60 Oklahoma Statutes section 176, of which the City is beneficiary, shall also follow the competitive bidding provisions of 60 Oklahoma Statutes section 176, as amended.
3. On contracts for, or purchase of, supplies, materials, equipment or contractual services, the City Commission may establish a certain dollar amount for compulsory competitive bidding which is less than that required by State Statute. Said minimum dollar amount may be established and amended by resolution.
B. Commission Approval And Compliance With Bidding Requirements: Unless otherwise limited by sections 35 and 36 of the City Charter, this Code, or State Statute, any purchase in excess of two thousand five hundred dollars ($2,500.00) for any single item shall require the approval of the City Commission and compliance with the general bidding requirements, with such exceptions as the City Charter and the City Commission may prescribe.
C. Bidding Generally: Before any purchase of, or contract for, supplies, materials, equipment, or contractual services is made, except as otherwise provided herein, the City Purchasing Authority shall submit to at least three (3) persons dealing in and able to supply the same, a request for quotation (or invitation to bid) and specifications, to give them opportunity to bid; or publish notice of the proposed purchase in a newspaper of general circulation within the City. The Purchasing Authority shall favor a person in the City when this can be done without additional cost to the City; but he shall submit requests for quotation to those outside the City when this may be necessary to secure bids or to create competitive conditions, or when he thinks that by so doing he can make a saving for the City; and shall purchase from them when he can make a saving for the City. All bids shall be sealed and shall be opened in public at a designated time and place. The Purchasing Authority may repeatedly reject all bids, and again may submit to the same or other persons the request for quotation (or invitation to bid), or again publish notice of the proposed purchase. He may purchase only from the bidder whose bid is most advantageous to the City, considering price, quality, date of delivery, and so on. In the case of a tie, he may purchase from one of those tying, or may divide the purchase among those tying, always accepting the bids most advantageous to the City.
D. Competitive Bidding Not Required: The following may be purchased without giving an opportunity for competitive bidding:
1. Supplies, materials, equipment or contractual services where cost does not exceed one hundred thousand dollars ($100,000.00) in a single transaction;
2. Supplies, materials, equipment or contractual services which can be furnished only by a single dealer, or which have a uniform price wherever bought;
3. Supplies, materials, equipment or contractual services purchased from another unit of government at a price deemed below that obtainable from private dealers, including war surplus, or purchased at auction at a price deemed below that obtainable elsewhere;
4. Equipment to replace existing equipment which has become inoperable when the Board of City Commissioners declares the purchase an emergency;
5. Contractual services (gas, electricity, telephone service, and the like) purchased from a public utility at a price or rate determined by the State Corporation Commission or other government authority;
6. Supplies, materials, equipment or contractual services when purchased at a price not exceeding a price set therefor by the State Purchasing Agency, the Federal Purchasing Agency known as the United States General Services Administration (GSA), or any other State or Federal agency authorized to regulate prices for things purchased by the State or United States (whether such price is determined by a contract negotiated with a vendor or otherwise);
7. Contractual services of a professional nature, such as engineering, architectural, medical and legal services;
8. Supplies, materials or equipment purchased from a vendor or another State governmental entity, at a price not exceeding a price established under the competitive bidding process undertaken by the governmental entity, such as a County or City government; provided, that the competitive bid was a valid competitive bid, was submitted to more than three (3) vendors, and no more than six (6) months have passed since the receipt of the bids or proposals by the governmental entity. Proof of the above shall be presented to the Board of City Commissioners with any request for an exception under this section;
9. Public construction contracts not exceeding the amount established by State law, awarded by the City for the purpose of making any public improvements or constructing any public building or making repairs to or performing maintenance on the same. "Public improvement" as used in the previous sentence shall mean any beneficial or valuable change or addition, betterment, enhancement or amelioration of or upon any real property, or interest therein, belonging to a public agency, intended to enhance its value, beauty or utility or to adapt it to new or further purposes. The term "public improvement" does not include the direct purchase of materials, equipment or supplies by a public agency or any personal property as defined in 62 Oklahoma Statutes section 430.1B; or
10. Material or equipment needing repair when covered by a policy of insurance where the repair does not exceed fifteen thousand dollars ($15,000.00).
E. Emergency Purchases:
1. An emergency condition is a situation which creates a threat to public health, welfare or safety, such as may arise by reason of floods, epidemics, riots, equipment failures, or such other reason as may be proclaimed by the City Manager. The existence of such condition creates an immediate and serious need for supplies, services or construction that cannot be met through normal procurement methods and the lack of which would seriously threaten:
a. The function of the City government;
b. The preservation or protection of property; or
c. The health or safety of any persons.
2. The City Manager may make emergency procurements in accordance with the purchasing policies when an emergency condition arises and the need cannot be met through normal procurement methods. (2007 Code § 1-61; amd. 2019 Code; Ord. 07102023-06, 7-10-2023)