A. Open Market Procedure; Purchases At Estimated Cost Less Than Twenty Five Thousand Dollars: All purchases for supplies, materials, equipment, and contractual services of less than the estimated cost of twenty five thousand dollars ($25,000.00) may be made in the open market without newspaper advertisement and without observing the procedure prescribed by subsections B through I of this section.
B. Open Market Procedure; Purchases Of Estimated Cost Exceeding Twenty Five Thousand Dollars And Less Than Amount Set By Statute: All purchases for supplies, materials, equipment and contractual services where the estimated cost exceeds twenty five thousand dollars ($25,000.00) and is less than the amount set by 60 Oklahoma Statutes section 176H for public trusts and 61 Oklahoma Statutes section 101 et seq., pertaining to the public competitive bidding act of 1974, as amended, shall be based on at least three (3) competitive quotations from individuals, firms or corporations dealing in and able to supply the same (or a smaller number if 3 dealers are not possible) without newspaper advertisement and without observing the procedure prescribed by subsections G, I and J of this section. (Ord. 1564, 9-17-2012)
C. Open Market Procedure; Recordkeeping: The agent or designee shall keep a record of all open market orders and the quotations submitted in competition thereon for the amount of time subscribed by state statute. Such records shall be open to public inspection as subscribed by the open records act.
D. Open Market Procedure; Competitive Price; Solicitation: When soliciting bids, the agent or designee shall solicit competitive prices by one of the following methods:
1. Direct mail request to prospective vendors.
2. Direct personal contact.
3. Telephone.
4. Facsimile (fax).
5. Computer internet service.
E. Confirmation Required: Solicitations received from any of the above listed procedures shall be followed up with a written, signed confirmation stating the company name, salesperson contacted, date of contact with the company, and a specific list of items being bid, along with the bid price being quoted. This confirmation will be necessary for the quote to be considered a valid quote. All such confirmations will be provided to the city clerk's office for attachment to the purchase orders and bid files for auditing requirements.
F. Open Market; Competitive Price Solicitation; General Requirements:
1. The purchasing authority may repeatedly reject all quotes and may submit to the same or other persons, firms or corporations the request for quotation.
2. Acceptance will be made of that quote most advantageous to the city, considering price, quality, date of delivery, and any other pertinent factors.
3. In the event of advantageous tie bids, purchase may be made from one of the tie bids; or the purchase may be divided among those so tying.
4. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be entered in the minutes of the city commission.
G. Formal Competitive Bidding Procedure; Purchases Of Estimated Cost Exceeding Amount Set By Statute: All purchases for supplies, materials, equipment and contractual services where the estimated cost exceeds the amount set by 60 Oklahoma Statutes section 176H for public trusts and 61 Oklahoma Statutes section 101 et seq., pertaining to the public competitive bidding act of 1974, as amended, shall be obtained through formal bidding procedures, including the following:
1. A bid notice and specifications shall be prepared for all formal competitive bids.
2. The bid notice and bid packet shall be mailed by first class mail, faxed or e-mailed to at least three (3) individuals, firms or corporations dealing in and able to supply the same (or a smaller number if 3 dealers are not possible) at least twenty (20) days prior to the date set for opening bids.
3. Simultaneously or alternatively, the bid notice shall be published in a newspaper of general circulation within the city at least twenty (20) days prior to the date set for opening bids.
4. The contents of the bid notice shall include the character of the proposed item; the name, office location and address of the contact person for bid documents; the date, time and place of opening of sealed bids; and any additional information necessary.
5. An anticollusion affidavit will be included with each bid packet.
H. Public Construction, Trust Construction Contracts: Public construction and public trust construction contracts will follow the bidding procedures as stated in 60 Oklahoma Statutes section 176H for public trusts, as amended, and 61 Oklahoma Statutes section 101 et seq., pertaining to the public competitive bidding act of 1974, as amended, for public improvements or constructing any public building or making repairs or maintenance thereto.
I. Formal Competitive Bids; Opening: All bids shall be sealed and opened only at the time, date and place stated in the bid notice. Such bid opening shall be open to the public and all bidders. Any bid received after the time set for opening of bids shall not be considered by the awarding public agency and shall be returned unopened to the bidder submitting the same. All bids opened shall be reviewed and recommendations made to the city commission. All bid records will be accessible to the public according to the open records act.
J. Formal Competitive Bids; Rejection: By majority action, the city commission shall have the right to repeatedly reject any and/or all bids, or portions thereof, or to waive any informalities in the bidding and solicit bidders again if, in the opinion of the city commission, the best interests of the citizens of the city would be best served by so doing.
K. Award Of Contracts To Other Than Lowest Bidder: When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be entered in the minutes of the city commission.
L. Splitting Prohibited: No purchases of or contracts for supplies, materials, equipment or contractual services shall be split to avoid the requirements of subsections A through K of this section.
M. Cooperative Purchasing: The purchasing agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the city would be served thereby.
N. Noncompliance; Dismissal: The provisions of this chapter shall be complied with by all city officers and employees. Noncompliance shall be sufficient grounds for dismissal from the service of the city.
O. Emergency Purchases: In the event of an emergency resulting from a sudden unexpected happening or unforeseen occurrence or condition whereby the public health or safety is endangered, the city will follow the provisions as set in 60 Oklahoma Statutes section 176H for public trusts, as amended, and 61 Oklahoma Statutes section 101 et seq., pertaining to the public competitive bidding act of 1974, as amended.
P. Exceptions For Emergencies: Only the city manager/designee may make exceptions to these policies/procedures in case of emergencies. (2001 Code § 39.03)