DOJ MODELLAKE OSWEGO PUBLIC CONTRACT RULES 20042005
DIVISION 46SECTION 101
GENERAL PROVISIONS
RELATED TO PUBLIC CONTRACTING
Application;
Federal Law Supremacy
101-0125 Public Contracting Officer’s Policies and Guidelines
Application of the Code and Rules; Exceptions
101-0131 Class Special Procurement Exemptions
101-0140 Awarding Authority for Contracts, Amendments
and Intergovernmental Agreements
Preference for Oregon Goods and
Services; Nonresident Bidders
Preference for Recycled Materials
Authority for Cooperative
Procurements
Responsibilities of Administering Contracting Agencies
and Purchasing Contracting Agencies
Joint Cooperative Procurements
Permissive Cooperative Procurements
Interstate Cooperative Procurements
Advertisements of Interstate
Cooperative Procurements
Application; Federal Law
Supremacy
Application of the Code
and Rules; Exceptions
101-0131 Class Special Procurement Exemptions
101-0140 Awarding Authority for Contracts, Amendments
and Intergovernmental Agreements
Preference for Oregon Goods
and Services; Nonresident Bidders
Preference for Recycled
Materials
Authority for Cooperative
Procurements
Responsibilities of
Administering Contracting Agencies and Purchasing Contracting Agencies
Joint Cooperative
Procurements
Permissive Cooperative
Procurements
Interstate Cooperative
Procurements
Advertisements of
Interstate Cooperative Procurements
(1) These Model Lake Oswego Public Contract Rules (“Rules”) set forth the
rules of procedure for Public Contracting of Contracting Agencies subject to
these Model Rulesthe City of Lake Oswego and the Lake Oswego
Redevelopment Agency. These Model Rules consist of the following
four divisions:
(a) This division Section 46101, which is applicable
to all Public Contracting;
(b) Division 47Section 102, which describes procedures for
Public Contracting for Goods or Services, as defined in ORS 279B.005, and for
Personal Services other than Architectural, Engineering and Land Surveying
Services and Related Services by State Contracting Agencies; and
(c) Division 48, which describes procedures for Public
Contracting for Architectural, Engineering and Land Surveying Services and
Related Services; and
(d) Division 49Section 103, which describes procedures for
Public Contracting for Construction Services.
(d). Section 104, which describes procedures for sale of surplus personal property owned by City.
(2) In the event of conflict between rules in this division 46Section 101 and rules in divisions 47,
48 and 49the
other Sections, the rules in divisions 47,
48 and 49the
other Sections take precedence over the rules in this division 46Section 101.
(3) Except as otherwise expressly provided in ORS 279C.800
through ORS 279C.870, and notwithstanding ORS chapters 279A, 279B, and ORS
279C.005 through 279C.670, applicable federal statutes and regulations govern
when federal funds are involved and the federal statutes or regulations
conflict with any provision of ORS chapters 279A, 279B, and ORS 279C.005
through 279C.670 or these model rules, or require additional
conditions in Public Contracts not authorized by ORS chapters 279A, 279B, and
ORS 279C.005 through 279C.670 or these Model Rules.
(4) As required by ORS 279A.065(5)(A)(a), the following model public contracting rules
adopted by the Oregon Attorney General have been reviewed by the Board
and have been determined not to apply to the City of Lake Oswego or the Lake Oswego
Redevelopment Agency:
(a) DOJ Model Public
Contract Rules 2004, Divisions 46 - 49.
(45) These division 46 rRules become effective on
March 1, 2005 and apply to Public Contracts first advertised, but if not
advertised then entered into, on or after March 1, 2005.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.030 & ORS 279A.065
Unless the context of a specifically applicable definition
in the Code requires otherwise, capitalized terms used in the Model Rules
will have the meaning set forth in the division of the Model Rules
in which they appear, and if not defined there, the meaning set forth in these division 46 Section 101 rules, and if
not defined there, the meaning set forth in the Code. The following terms, when
capitalized in these Model Rules, shall have
the meaning set forth below:
(1) “Addendum” or “Addenda” means an addition or deletion to, a material change in, or general interest explanation of a Solicitation Document.
(2) “Award” means, as the context requires, either
the act or occurrence of the Contracting AgencyPCO’s identification of
the Person with whom the Contracting AgencyAwarding Authority will, or whom the PCO has recommended to the Awarding
Authority to enter into a Contract following the resolution of any
protest of the Contracting AgencyCity’s selection of that
Person, and the completion of all Contract negotiations.
(2a) “Awarding Authority” shall mean the governing body of the City or, to the extent the governing body has delegated authority to award contracts to the PCO in Section 102-0610, the PCO, as applicable.
(3) “Bid” means a response to an Invitation to Bid.
(3a) “Board” means the Lake Oswego City Council, acting as the Lake Oswego Public Contract Review Board or the Lake Oswego Redevelopment Agency Public Contract Review Board, as applicable.
(4a) “City” shall mean, as applicable:
1. The City of Lake Oswego, in regards
to any contract solicited or awarded by the City of Lake Oswego; or
2. The
Lake Oswego Redevelopment Agency (“LORA”), in regards to any contract solicited or awarded
by LORA.
(4b) “Closing” means the date and time
announced in a Solicitation Document as the deadline for submitting Offers.
(5) “Code” means the Public Contracting Code, as defined in ORS 279A.010.
(6) “Competitive Range” means the Proposers with whom
the Contracting
AgencyPCO
will conduct discussions or negotiations if the Contracting AgencyPCO intends to conduct
discussions or negotiations in accordance with OAR 137-047Section 102-0262 or OAR 137-049Section 103-0650. The size
of the Competitive Range must be stated in the Solicitation Document, but will
be decreased if the number of Proposers that submit Proposals is less than the
specified number, or may be increased by the Contracting AgencyCity in accordance with OAR 137-047Sections 102-0262 or 137-049103-0650.
(7) “Contract” means a “Public Contract,” as defined in ORS 279A.010.
(8) “Contract Price” means, as the context requires,
(i) the maximum payments that a Contracting AgencyCity will make under a
Contract, including bonuses, incentives and contingency amounts, if the
Contractor fully performs under the Contract, (ii) the maximum not-to-exceed
amount of payments specified in the Contract, or (iii) the unit prices for
Goods or Services or Personal Services set forth in the Contract.
(9) “Contract Review Authority”, as used either in the Code or in these Rules,
means (i)
for State Contracting Agencies, generally the Director of the Oregon Department
of Administrative Services, (ii) for Local Contracting Agencies, the Local
Contracting the
BoardAgency's Local Contract Review Board determined as
set forth in ORS 279A.060, and (iii) where specified by statute, the Director
of the Oregon Department of Transportation.
(10) “Contractor” means the Person with whom a Contracting
AgencyCity
enters into a Contract.
(11) “DBE Disqualification” means a disqualification, suspension or debarment pursuant to ORS 200.065, 200.075 or 279A.110.
(12) “Descriptive Literature” means the Offeror's materials submitted to provide information concerning the products or services available in response to a Solicitation Document.
(13) “Electronic Advertisement” means notice of a Contracting
AgencyPCO’s
request for Offers, request for quotes, request for information or other
document inviting participation in the Contracting AgencyCity’s Procurements
available over the Internet via (a) the World Wide Web or some other Internet
protocol; or (b) a Contracting AgencyCity’s Electronic
Procurement System. An Electronic Advertisement may include a Solicitation
Document.
(14) “Electronic Offer” means a response to a Contracting
AgencyPCO’s
request for Offers or request for quotes submitted to a Contracting AgencyCity via email or through
the Contracting
AgencyCity’s
Electronic Procurement System.
(15) “Electronic Procurement System” means an
information system that Persons may access through the Internet, using the
World Wide Web or some other Internet protocol, or that Persons may otherwise
remotely access using a computer, that enables a Contracting AgencyPCO to post Electronic
Advertisements, receive Electronic Offers, and conduct other activities related
to a Procurement.
(15a) “Emergency” means circumstances that:
a.
Create a substantial risk of
loss, damage or interruption of services or a substantial threat to property,
public health, welfare or safety; and
b. Require prompt execution of a contract to remedy the condition.
(16) “Goods and Services” or “Goods or Services”
has the meaning set forth in ORS 279B.005(1)(b), and include:
a. Examples of .“Services” include: construction
services; equipment repair and maintenance services; food services; collection
and hauling services; janitorial; landscaping; meter reading; temporary
employment services; medical and laboratory services (such as parentage
testing, drug and alcohol testing, etc.); commercially available computer
hardware and software maintenance and support; court recording services;
security services; conference services; data and collection surveys; and
non-customized training.
b. Examples of“Goods” include any tangible personal property, including: sale of residence, to be severed and removed from realty.
(17) “Invitation to Bid” or “ITB” means all documents used for soliciting Bids in accordance with either ORS 279B.055, or 279C.335.
(18) “Model Rules” means the Attorney General’s model
rules of procedure for Public Contracting, which are set forth in OAR Chapter
137, divisions 46, 47, 48 and 49.(reserved)
(19) “Offer” means a response to a Solicitation Document.
(20) “Offeror” means a Person who submits an Offer.
(21) “Opening” means the date, time and place announced in the Solicitation Document for the public opening of Written sealed Offers.
(22) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.
(23) “Personal Services” means the services or type of services performed under a Personal Services Contract.
(24) “Personal Services Contract” or “Contract for
Personal Services” means:
1. A:
(i) for a Local Contracting Agency, a
contract or member of a class of contracts, other than a
contract for the services of an Architect, Engineer, Land Surveyor or Provider
of Related Services (as defined in ORS 279C.100), that the Local Contracting
Agency’s Local Contract Review Board has
designated as a Personal Services Contract pursuant to ORS 279A.055, or
2.
(ii) for a State Contracting Agency, aA contract,
or member of a class of contracts, other than a contract for the
services of an Architect, Engineer, Land Surveyor or Provider of Related
Services (as defined in ORS 279C.100), whose primary purpose is to
acquire specialized skills, knowledge and resources in the application of
technical or scientific expertise, or the exercise of professional, artistic or
management discretion or judgment, including, without limitation, a contract
for the services of:
a. accountant; attorney; educator, land use planner; registered professional
engineer; appraiser or surveyor, physician or dentist; commercial pilot; aerial
photographer; information
technology consultant, or other consultant, or
b. an accountant,
physician or dentist, educator, information
technology or other consultant, broadcaster or artist (including a
photographer, filmmaker, painter, weaver or sculptor).
The PCO shall have discretion to determine whether a particular type of contract or service falls within the foregoing definitions.
(25) “Product Sample” means a representative specimen of the item offered by the Offeror in response to the Solicitation Document. Unless otherwise provided in the Solicitation Document, the Product Sample shall be the exact product or a representative portion of that product offered by the Offeror.
(26) “Proposal” means a response to a Request for
Proposals.
(26a) “Public Contracting Officer” or “PCO” means the City Manager of the City or the Executive Director of LORA, as applicable, and such additional persons who have been delegated contracting authority by the City Manager or Executive Director, respectively, in regards to the proposed or awarded Contract.
(27) “Responsible Offeror” (also, “Responsible
Bidder” or “Responsible Proposer,” as applicable) means a Person
that has submitted an Offer and meets the standards set forth in OAR 137-047Section 101-0640 or OAR 137-049Section 103-0390(2), and
that has not been debarred or disqualified by the Contracting
Agency under OAR 137-047Section 101-0575 or OAR 137-049Section 103-0370. When used alone, “Responsible” means meeting the
aforementioned standards.
(28) “Responsive Offer” (also, “Responsive Bid” or “Responsive Proposal,” as applicable) means an Offer that substantially complies in all material respects with applicable solicitation requirements. When used alone, “Responsive” means having the characteristic of substantially complying in all material respects with applicable solicitation requirements.
(29) “Request for Proposals” or “RFP” means
all documents used for soliciting Proposals in accordance with either ORS.279B.060,
279C.110 or OAR 137-049Section 103-0650.
(29a) “Rules” means the rules of procedure for Public Contracting, which are set forth in these Sections 101, 102, and 103.
(30) “Signed” or “Signature” means any mark, word or symbol attached to or logically associated with a document and executed or adopted by a Person with the intent to be bound.
(31) “Solicitation Document” means an Invitation to Bid, Request for Proposals or other document issued to invite offers from prospective contractors pursuant to ORS Chapter 279B or ORS Chapter 279C.
(32) “Specification” means any description of the physical or functional characteristics, or of the nature of a supply, service or construction item, including any requirement for inspecting, testing or preparing a supply, service or construction item for delivery and the quantities or qualities of materials to be furnished under a Contract. Specifications generally will state the result to be obtained and may, on occasion, describe the method and manner of doing the Work to be performed.
(33) “Work” means the furnishing of all materials, equipment, labor and incidentals necessary to successfully complete any individual item in a Contract and successful completion of all duties and obligations imposed by the Contract.
(34) “Written” or “Writing” means conventional paper documents, whether handwritten, typewritten or printed, in contrast to spoken words. It also includes electronic transmissions or facsimile documents when required by applicable law or permitted by a Solicitation Document or Contract.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065
Contracting Agencies subject to the CodeThe City shall conduct Public Contracting
to further the policies set forth in ORS 279A.015, elsewhere in the Code, and
in these Model Rules.
(2) Unless specifically exempted, no City purchases and
contracts for goods
and services, public
improvements, or
public works shall be
authorized unless conducted pursuant to the formal competitive bidding
requirements.
(3) All notifications required under these procedures
shall be made to publicize anticipated purchases or Contracts to potential bidders.
(4) No purchase shall be contracted for or made unless
sufficient funds have been budgeted in the year and for which funds have
been appropriated.
(5) When it is advantageous to the City, annual
contracts for personal property and services regularly purchased should be
initiated.
(6) All purchases and contracts must be approved by the
Public Contracting Officer.
(7). No payment or partial payment for goods and services, public improvements, public works shall be made without approval
of the operating department and the Public Contracting Officer.
(8). All contracts for personal property, public
improvements, services, or personal services shall be approved as to form by
the City Attorney.
(9). The City may jointly bid with other governmental
agencies, provided procedures used substantially comply with the purpose of
these regulations and the intent of the Oregon public contracting laws. The Public Contracting Officer shall
determine compliance with these laws and regulations.
(10)
It shall be the responsibility of the Public
Contracting Officer (“PCO”) to:
(a). Ensure that all purchases and
contracts for service comply with these regulations;
(b). Review and approve all purchases of the City;
(c). Make recommendations to the
Pubic Contract Review Board concerning purchase regulations and amendments to
rules set forth herein;
(d). Maintain accurate and sufficient
records concerning all City purchases and contracts for services;
(e). Provide the Public Contract
Review Board adequate staff assistance in the performance of its duties; and
Maintain a list of contractors for public improvements and personal services
who have made themselves known to the City and are interested in soliciting
City business.
(11). Solicitation Methods.
(a). Policy. It is the policy of the
City of Lake Oswego to encourage open and impartial competition in public
contracting. Competition exists not only in prices, but in a Contractor’s
ability to perform, technical competence, ability to provide timely deliveries,
and quality and performance of products and services. While an Invitation to
Bid pursuant to Competitive Bidding is a common method of procurement, it is
not always the most advantageous or practical solicitation method. However
pursuant to City policy, the PCO must make every effort to construct public
improvements at the least cost to the City.
(b) Types of Solicitation
Methods.
(i). The
PCO may encourage meaningful competition through a variety of solicitation
methods. The PCO shall choose the solicitation method that is most likely
to encourage bids representing optimal value to the City.
(ii). The PCO may use an Invitation to
Bid if the PCO believes the City will receive optimal value by selecting the
lowest priced offer that meets the technical requirements of the City’s
Specifications.
(iii). The PCO may use a Request for
Proposal if the PCO believes the City will receive optimal value:
1. By selecting a Proposal using both price and
non-price related factors; or
2. By selecting a Proposal using both price and
non-price related factors and permitting negotiations pursuant to Rule 3.22
(“Bid Evaluation Award”).
(iv). The PCO may permit negotiations
under a Request for Proposal pursuant to Rule 3.22 (“Bid Evaluation Award”)
when:
1. The PCO is willing to consider alternative terms and
conditions to reduce PCO cost or enhance the value of the product or service
requested; or
2. The PCO finds negotiation is required to effect a
successful procurement (e.g. the specifications are complex and the PCO expects
numerous queries as to the proper interpretation of the specification; the work
requires a high level of technical or managerial competence that cannot be
defined adequately in the specifications; or the PCO believes discussions are
necessary to gauge the Proposer’s understanding of complex specifications).
(c). If using an Invitation to Bid
for Competitive Bidding, the PCO shall set forth objective evaluation criteria
in the Invitation to Bid. Examples of such criteria include, but are not
limited to, conversion costs, transportation cost, volume weighing, trade-in
allowances, cash discounts, depreciation allowances, cartage penalties,
ownership or life-cycle cost formulas, performance history on other private and
public contracts, experience of key personnel, adequacy of equipment and
physical plant, financial wherewithal, sources of supply, references and
warranty provisions. Evaluation criteria need not be precise predictors of
actual future costs; but, to the extent possible, such evaluation factors shall
be reasonable estimates based upon information the PCO has available concerning
future use;
(d). If using a Request For Proposal, the PCO shall set
forth selection criteria in the Request for Proposal. The criteria shall be as
objective as possible. Evaluation factors need not be precise predictors of
actual future costs and performance; but to the extent possible, such
evaluation factors shall be reasonable estimates based on information available
to the PCO. The Request for Proposal shall also describe the following:
(i). If the PCO is willing to
negotiate terms and conditions of the Contract, the PCO must identify the
specific terms and conditions that are subject to negotiation and authorize
Proposers to propose certain alternative terms and conditions in lieu of the
terms and conditions the PCO has identified as authorized for negotiation; and
(ii). Evaluation criteria and relative
importance of the criteria. Examples of evaluation criteria include price or cost,
quality of a product or service, past performance, management capability,
personnel qualification, prior experience, compatibility, reliability,
operating efficiency, expansion potential, experience of key personnel,
adequacy of equipment and/or physical plant, financial wherewithal, sources of
supply, references and warranty provisions.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.015 & ORS 279A.065
(1) Except as set forth in this section, athe Contracting AgencyCity shall exercise all
rights, powers and authority related to Public Contracting in accordance with
the Code and the Model Rules.
(2) A(reserved) Contracting
Agency that has specifically opted out of the Model Rules and
adopted its own rules of procedure for Public Contracting pursuant to 279A.065
in the exercise of its own contracting authority is not subject to these Model Rules, except
for those portions of the Model Rules that
the Contracting Agency has prescribed for its own use
for Public Contracting.
(3) Contracts or classes of contracts for Personal Services of a Local Contracting
Agency designated as such by the Local Contracting
Agency’s Local Contract Review Board pursuant to ORS
279A.055, are not subject to these Model Rules to the extent provided herein (see Section 102-0277), unless the
Local Contracting Agency adopts OAR 137-047-0250 through
OAR 137-047-0290 as the procedures the Local Contracting Agency will use to
screen and select persons to perform Contracts for Personal Services other than
Architectural, Engineering and Surveying Services and Related Services..
(4) Neither the Code nor these Model Rules
apply to the contracts or the classes of contracts described in ORS 279A.025(2).
.
(5) Neither the Code nor these Model Rules apply
to the Public Contracting activities of the Contracting Agencies listed in ORS
279A.025(3). (reserved).
(6) Contracting Agencies otherwise subject to the Code
and these ModelRules may enter into Public
Contracts under a federal program described in ORS 279A.180 without following
the procedures set forth in ORS 279B.050 through ORS 279B.085, provided that
the Contracting Agency enters into the Public Contract
pursuant to rules adopted by the Public Contracting Agency pursuant to
ORS 279A.180. (reserved).
(7) Contracting Agencies otherwise subject to the Code
and these Model RulesThe City may enter into
contracts for Goods or Services with non-profit agencies providing employment
opportunities for disabled individuals pursuant to ORS 279.835 through 279.855
without following the source selection procedures set forth in either ORS
279A.200 through ORS 279A.225, or ORS 279B.050 through ORS 279B.085, . However, Contracting Agencies
must enter into such contracts but in accordance with administrative rules
promulgated by the Oregon Department of Administrative Services.
The following classes of
contracts are exempt from the competitive bidding procurement requirements of these Rules to the extent provided:
(1) GOODS
AND SERVICES
(a) Small
Procurements (Less than $5,000).
See Rule 102-065.
(b) Intermediate
Procurements (Greater
than $5,000 and Less Than $150,000).
See Rule 102-070.
(c) Equipment
Repair and Overhaul. The Awarding Authority may enter into Contracts for equipment repair or overhaul if service and/or parts required are unknown and the
cost cannot be determined without extensive preliminary dismantling or testing. PCO’s
selection of the Contractor shall be based upon the Contractor’s knowledge and
experience of working with the specific equipment, including type or brand, reliability, warranties, basic hourly rates for service, estimated parts cost (to the
extent it is know what parts will need to be replaced), anticipated service time and
availability, ability to provide replacement vehicle during service period, and
such other factors as the PCO needs convenient to expedite the repair or overhaul. If the contract exceeds $75,000, the PCO shall document in the
PCO’s procurement file the reasons why competitive bids were deemed to be
impractical. (Note: if service and/or parts required are for sophisticated
equipment for which specially trained personnel are required and such personnel
are available from only one source, see Section 102-0275 (Single-source Procurements)).
(d) Cooperative
Agreements. Cooperative
Agreements entered into pursuant to ORS 279A.200 et seq. and Sections 101-400 et seq. of this Rule.
(e). Donated
Goods and Services. The PCO may
enter into a Contract with a person to perform services, or provide goods, or a
combination of good and services, regardless of dollar amount, if:
(i) The
person has agreed to donate all or a significant portion of the goods, or has
agreed to donate all or a significant portion of the services; and
(ii) The person enters into a
Contract with the City whereby the person agrees to comply with the public
contract requirements applicable to the particular project and any requirements
that the PCO deems necessary or beneficial to protect the City.
(f). Concession
and Franchise Contracts. The Awarding Authority may enter
into concession or franchise contracts without competitive procurement pursuant
to these Rules regardless of dollar amount.
For the purposes of this subsection a "concession contract" or
"franchise" means that the City authorizes the use of its property or
facilities for a private commercial purpose in return for a fee or a percentage
of revenue from the operation.
(g). Advertising. Contracts for the placing of
notice or advertisements in any medium.
(g). Animals. Contracts
for the purchase of animals.
(h). Copyrighted
Materials; Library Materials. Contracts
for the acquisition of materials entitled to copyright, including but not limited to works of
art and design, literature and music, or materials even if not entitled to
copyright, purchased for use as library lending materials.
(i). Government Regulated Items / Utilities. Contracts
for the purchase of items or utilities for which prices or selection of
suppliers are regulated by governmental authority.
(j). Insurance. Insurance
and service contracts as provided in ORS 414.115, 144.125, 414.135, and
414.145.
(k). Non-Owned Property. Contracts
or arrangements for the sale or other disposal of abandoned property or other
personal property not owned by the City.
(l). Sponsorship Agreements.
Sponsorship agreements, under which the City receives a gift or donation
in exchange for recognition of the donor, which may also include additional benefits to the
donor related to the event as a part of the sponsorship.
(m). Temporary Use of City-Owned Property. The PCO
may negotiate and enter into a license, permit or other contract for the temporary use of city-owned
property without using a competitive selection process if:
(i). The contract results from an
unsolicited proposal to the City based on the unique attributes of the property or
the unique needs of the proposer;
(ii). The proposed use of the property is
consistent with the City’s use of the property and the public interest; and
(iii).
The City reserves the right to
terminate the contract without penalty, in the event that the PCO determines
that the contract is no longer consistent with the City’s present or planned use of the
property or the public interest.
(n). Federal
Purchasing Programs. (ORS 279A.180).
Goods and services may be purchased without competitive bidding
procedures under the
local government purchasing program administered by the United States General
Services Administration (GSA) as provided in this subsection:
(i). The procurement must be made in
accordance with procedures established by GSA for procurements by
local governments, and under purchase orders or contracts submitted to and
approved by the PCO.
(ii). The price of goods or services must be established under price agreements between
the federally approved vendor and GSA.
(iii). The price of goods or services must
be less than the price at which such goods or services are available under
state or local cooperative purchasing programs that are available to the City.
(iv). If a single purchase of goods or services exceeds
$150,000, the PCO must obtain informal written quotes or proposals from at
least two additional vendors (if reasonably available) and find, in writing,
that the goods or services offered by GSA represent the best value for the
City. This subsection does not apply to the purchase of
equipment manufactured or sold solely for military or law enforcement purposes.
(o). Personal
Use Items. An
item (or indivisible set) of specialized and personal use, other than police officer’s handguns, with current value of less than $100
may be sold to the employee or retired or terminated employee for whose use it
was purchased. These items may be sold for fair market value without bid and by a
process deemed most efficient by the PCO.
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(2) PUBLIC IMPROVEMENT
(a) Donated
Public Improvement. The PCO may authorize a person to construct a public improvement
without competitive bidding or other competitive process and regardless of
dollar amount, if:
(i) The person has agreed to donate all
or a significant portion of the materials or services necessary to construct
the public improvement or perform the service; and
(ii) The person enters into a Contract with the City whereby the
person agrees to comply with the public contract requirements applicable to the
particular project and any requirements that the PCO deems necessary or
beneficial to protect the City.
(3) GOODS AND SERVICES and/or PUBLIC IMPROVEMENT
(a). Additional Capacity or Shared Purchase Contracts[1]. The
Awarding Authority may enter into a Contract with an Owner or Developer to construct or improve a public improvement or public work, or acquire and/or install goods without competitive bidding in
the following circumstances:
(i). An Owner or
Developer:
1. Elects to construct or improve a public improvement or public
work, or acquire and/or install goods to improve or enhance private property,
2. Has been required to construct or improve a public improvement, or
public work, or acquire and/or install goods as a condition of development, or
3. Is otherwise modifying or effecting a public improvement, public work, or goods as a result of development; and
(ii). The PCO makes written findings that it would be likely to result in a cost savings to the City and is in the best interests of the City to enter into an
agreement with the Owner
or Developer to add
to, extend, expand or increase the capacity of the improvement beyond what is otherwise required to serve the purposes of the Owner or
Developer, or to
contribute a portion of the cost of construction, improvement, or acquisition
and/or installation, and the findings are retained
in the PCO’s project
file; and
(iii). The agreement between the City and the Owner or Developer shall require the Owner’s or
Developer’s contract with the contractor or vendor for the construction, improvement, or acquisition and/or installation to comply with any applicable mandatory public contract provisions,
including payment of prevailing wage.
The Lake Oswego City Council, as
the governing body of the City and LORA, hereby delegates authority to the PCO
to Award Contracts and Amendments to Contracts, and to enter into
Intergovernmental Agreements and Amendments to Intergovernmental Agreement as
follows, and the PCO is hereby designated as the Awarding Authority and Change Order Authority, for the
following classes of Contracts:
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[See
table next page]
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|
Contract Awardable By PCO |
Special Limitations |
Maximum Amount / Scope |
|
Goods
or services (excepting personal service contracts), Public Improvements, and
Public Works |
Generally |
$100,000 |
|
Donated Public Improvement |
None |
|
|
Personal services - |
Generally |
$100,000 |
|
Contract expense fully offset
by fees, charges, donations, or funds raised for services or programs offered
through City |
$100,000 |
|
|
Concession and Franchise |
Annual Gross Sales
expected to exceed $ 100,000. |
|
|
Donated Goods and Services |
None |
|
|
Contract Amendments Awardable by PCO |
|
|
|
Contracts for goods or
services (excepting personal service contracts), Public Improvements, and
Public Works: |
Amendment of Contract Amount |
$100,000 |
|
Amendment to alter scope of
work or time for performance |
None |
|
|
Personal Service |
Amendment of Contract Amount |
$100,000 |
|
Intergovernmental
Agreements Authorized to be
Executed by PCO |
|
|
|
Purchase of Goods and Services (materials,
supplies, equipment, vehicles, services), Public Improvements, and Public
Works |
Generally |
$100,000 |
|
Donated Public Improvement |
None |
|
|
Personal services - |
Generally |
$ |
|
Contract expense fully offset
by fees, charges, donations, or funds raised for services or programs offered
through City |
$100,000 |
|
|
Donated Goods and Services |
None |
|
|
Allocation of existing
equipment and personnel, such as mutual aid agreements or involvement in
dedicated task forces. |
Agreement
does not significantly affect the City’s ability to provide services within
its own boundaries. |
None |
(3) Contracts, Amendments to Contracts, and
Intergovernmental Agreements exceeding the above amounts shall be awarded or
rejected by the City Council, following an evaluation and recommendation by the
PCO, and the City Council is hereby designated as the Awarding Authority and
Change Order Authority for such classes of contracts.
MINORITIES, WOMEN AND EMERGING SMALL BUSINESSES
137-046-0200
Affirmative Action; Limited Competition Permitted
(1) Pursuant to ORS 279A.100, a Contracting
Agency may limit competition on Public Contracts for
Goods and Services, or on other Public Contracts with an estimated cost of
$50,000 or less to carry out affirmative action policies, in accordance with
policies and procedures established by the Public Contracting
Agency.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 & ORS 279A.100
137-046-0210
Subcontracting to and Contracting with Emerging
Small Businesses; DBE Disqualification
(1) As set forth in ORS 279A.105, a Contracting
Agency may require a contractor to subcontract some part
of a Contract to, or to obtain materials to be used in performing the Contract
from:
(a) A business enterprise that is certified under
ORS 200.055 as an emerging small business; or
(b) A business enterprise that is:
(A) Certified under ORS 200.055 as an emerging
small business; and
(B) Is located in or draws its workforce from
economically distressed areas, as designated by the Oregon Economic and
Community Development Department.
(2) A subcontractor certified under ORS 200.055 as
an emerging small business is located in or draws its workforce from
economically distressed areas if:
(a) Its principal place of business is located in
an area designated as economically distressed by the Oregon Economic and
Community Development Department pursuant to administrative rules adopted by
the Oregon Economic and Community Development Department; or
(b) The contractor certifies in writing to the Contracting
Agency that a substantial number of the subcontractor’s
employees or subcontractors that will manufacture the goods or complete the
services under the contract reside in an area designated as economically
distressed by the Oregon Economic and Community Development Department pursuant
to administrative rules adopted by the Oregon Economic and Community
Development Department. For the purposes of making the foregoing determination,
the Contracting Agency shall determine in each
particular instance what proportion of a contractor’s subcontractor’s employees
or subcontractors constitute a substantial number.
(3) Contracting Agencies shall include in each
Solicitation Document a requirement that Offerors certify in their Offers in a
form prescribed by the Contracting Agency, that the Offeror has not and
will not discriminate against a subcontractor in the awarding of a subcontract
because the subcontractor is a minority, women or emerging small business
enterprise certified under ORS 200.055.
(4) DBE Disqualification.
(a) A Contracting Agency may
disqualify a Person from consideration of Award of the Contracting
Agency's Contracts under ORS 200.065(5), or suspend a
Person’s right to bid on or participate in any public contract pursuant to ORS
200.075(1) after providing the Person with notice and a reasonable opportunity
to be heard in accordance with sections (d) and (e) of this section.
(b) As provided in ORS 200.065 and 200.075 a Contracting
Agency may disqualify or suspend a Person's right to
submit an Offer or to participate in a Contract (e.g. act as a subcontractor)
as follows:
(A) For a DBE Disqualification under ORS 200.065,
the Contracting Agency may disqualify a Person upon
finding that the Person engaged in any of the activities made unlawful by ORS
200.065(1) or (2), or if the Person has been disqualified by another Contracting
Agency pursuant to ORS 200.065.
(B) For a DBE Disqualification under ORS 200.075,
the Contracting Agency may suspend a Person upon finding
that the Person engaged in any of the acts prohibited by ORS 200.075(a) through
(c).
(c) A Contracting Agency may
disqualify or suspend a Person’s right to submit Offers or participate in
Public Contracts only for the length of time permitted by ORS 200.065 or ORS
200.075, as applicable.
(d) The Contracting Agency shall notify
the Person in Writing of a proposed DBE Disqualification pursuant to this
section, served personally or by registered or certified mail, return receipt
requested. This notice shall:
(A) State that the Contracting Agency intends to
disqualify or suspend the Person;
(B) Set forth the reasons for the DBE
Disqualification;
(C) Include a statement of the Person's right to a
hearing if requested in Writing within the time stated in the notice and that
if the Contracting Agency does not receive the Person's
Written request for a hearing within the time stated, the Person shall have
waived its right to a hearing;
(D) Include a statement of the authority and
jurisdiction under which the hearing will be held;
(E) Include a reference to the particular sections
of the statutes and rules involved;
(F) State the proposed DBE Disqualification period;
and
(G) State that the Person may be represented by
legal counsel.
(e) Hearing. The Contracting
Agency shall schedule a hearing upon the Contracting
Agency’s receipt of the Person's timely request. The Contracting
Agency shall notify the Person of the time and place of
the hearing and provide information on the procedures, right of representation
and other rights related to the conduct of the hearing prior to hearing.
(f) Notice
of DBE Disqualification. The Contracting
Agency will notify the Person in Writing of its DBE
Disqualification, served personally or by registered or certified mail, return
receipt requested. The notice shall contain:
(A) The effective date and period of DBE
Disqualification;
(B) The grounds for DBE Disqualification; and
(C) A statement of the Person's appeal rights and
applicable appeal deadlines.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 200.065, ORS 200.075, ORS
279A.065, ORS 279A.105 &ORS 279A.110
(1) Award When Offers Identical. When a Contracting
Agencythe PCO
receives Offers identical in price, fitness, availability and quality, and the Awarding Authority chooses
to award a Contract, the Contracting Agency shall award of the Contract shall be based on the
following order of precedence:
(a) The Agency shall award the Contract
shall be awarded to
the Offeror among those submitting identical offers that is offering Goods or
Services or Personal Services that have been manufactured or produced in
Oregon.
(b) If two or more Offerors submit
identical Offers, and both offer Goods or Services or Personal Services
manufactured or produced in Oregon, the Contracting Agency shall award
the Contract shall
be awarded by drawing lots among the identical Offers offering Goods or
Services or Personal Services that have been manufactured or produced in
Oregon. The Offerors that submitted the
identical Offers subject to the drawing of lots shall be given notice and an
opportunity to be present when the lots are drawn.
(c) If the Contracting AgencyPCO receives identical
Offers, and none of the identical Offers offer Goods or Services or Personal
Services manufactured or produced in Oregon, then the Award of Contracting Agency shall award
the Contract shall
be determined by
drawing lots among the identical Offers. The Offerors that submitted the
identical Offers subject to the drawing of lots shall be given notice and an
opportunity to be present when the lots are drawn.
(2) Determining if Offers are Identical. A Contracting
Agency shall consider Offers shall be considered identical
in price, fitness, availability and quality as follows:
(a) Bids received in response to an
Invitation to Bid are identical in price, fitness, availability and quality if
the Bids are Responsive, and offer the Goods or Services or Personal Services
described in the Invitation to Bid at the same price.
(b) Proposals received in response
to a Request for Proposals are identical in price, fitness, availability and
quality if they are Responsive and achieve equal scores when scored in
accordance with the evaluation criteria set forth in the Request for Proposals.
(c) Proposals received in response
to a Special Procurement conducted pursuant to ORS 279B.085 are identical in
price, fitness, availability and quality if, after completing the contracting
procedure approved by the Contract Review AuthorityBoard, the Contracting
AgencyAwarding
Authority determines, in writing, that two or more Proposals are equally
advantageous to the Contracting AgencyCity.
(3) Determining if Goods or Services or Personal Services
are Manufactured or Produced in Oregon. For the purposes of complying with
section 1 of this Rule, Contracting Agenciesthe PCO may request,
either in a Solicitation Document, following Closing, or at any other time
determined appropriate by the Contracting AgencyPCO, any information the Contracting
AgencyPCO
determines is appropriate and necessary to allow the Contracting AgencyAwarding Authority to
determine if the Goods or Services or Personal Services are manufactured or
produced in Oregon. A Contracting
AgencyThe
Awarding Authority may use any reasonable criteria to determine if Goods
or Services or Personal Services are manufactured or produced in Oregon,
provided that the criteria reasonably relate to that determination, and
provided that the Contracting AgencyAwarding Authority applies
those criteria equally to each Bidder or Proposer.
(4) Procedure for Drawing Lots. In any instance when this
Section calls for the drawing of lots, the Contracting AgencyPCO shall draw lots by a
procedure that affords each Offeror subject to the drawing a substantially
equal probability of being selected, and that does not allow the person making
the selection the opportunity to manipulate the drawing of lots to increase the
probability of selecting one Offeror over another.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 &ORS 279A.120
(1) When evaluating Bids pursuant to Sections OAR 137-047102-0255, OAR 137-047102-0257 or OAR 137-049103-0390, the Contracting AgenciesPCO shall add a percentage
increase to the Bid of a Nonresident Bidder equal to the percentage, if any, of
the preference that would be given to that Bidder in the state in which the
Bidder resides. AThe Contracting AgencyPCO may rely on the list
prepared and maintained by the Oregon Department of Administrative Services pursuant to ORS
279A.120(4) to determine both (i) whether the Nonresident Bidder’s state gives
preference to in-state bidders, and (ii) the amount of such preference.
(a) Example 1: If the PCO requests a price offer, multiply the
price offered by the nonresident bidder by the percentage preference the bidder
receives in its home state and add that sum to the price offered by the
nonresident bidder. Resident (Oregon) bidder's price is $103.
Nonresident bidder's price is $100. Percentage preference is five (5) percent. Multiply.
05 x $100 = $5. Add $5 to $100 = $105, which becomes the nonresident bidder's
evaluated bid price. Award is made to the low bid ($103) of the resident
bidder.
(b) Example 2: If the PCO requests a percentage off list price offer from bidders with the award to be made to the bidder offering the greatest percentage discount, reduce the amount of the nonresident bidder's percentage offer. The resident (Oregon) bidder offers nine percent (9%) discount (.90 multiplier). The nonresident bidder offers ten percent (10%) discount (.90 multiplier). The percentage preference is five percent (5%). Adjust the nonresident bidder's offer as follows: Multiply 1.05 X .90 (nonresident's multiplier after subtracting discount) = .945 (nonresident's adjusted multiplier, after applying the reciprocal preference). The nonresident bidder's bid is now 0.055 or 5.5% discount from price list. Award is made to the low bid, in this case the greatest percentage discount, 9% discount offered by the resident Oregon bidder.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 & ORS 279A.120
(1) Notwithstanding provisions of law requiring a the Contracting Agency City to award a Contract
to the lowest responsible bidder or best proposer or provider of a quotation,
and in accordance with subsection (2) of this section, athe Contracting AgencyAwarding Authority charged with the procurement of goods for any
public use shall give preference to the procurement of goods
manufactured from recycled materials.
(2) In comparing goods from two or more Bidders or
Proposers, if at least one Bidder or Proposer offers goods manufactured from
recycled materials, and at least one Bidder or Proposer does not, a Contracting
Agencythe
Awarding Authority shall select the Bidder or Proposer offering goods
manufactured from recycled materials if each of the following four conditions
exists:
(a) The recycled product is available;
(b) The recycled product meets applicable standards;
(c) The recycled product can be substituted for a comparable non-recycled product; and
(d) The recycled product's costs do
not exceed the costs of non-recycled products by more than five percent, or a
higher percentage if a written determination is made by the Contracting AgencyPCO and set forth in the
Solicitation Document. For purposes of making the foregoing determination, the Contracting
AgencyPCO
shall consider the costs of the goods following any adjustments the Contracting
AgencyPCO
makes to the price of the goods for purposes of evaluation pursuant to OAR 137-046Section 101-0310.
(3) For the purposes of this Section, athe Contracting AgencyPCO shall determine if
goods are manufactured from recycled materials in accordance with standards
established by the Contracting AgencyCity Manager of the City or Executive Director of LORA, as applicable.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 & ORS 279A.125
(1) Agencies City may participate in, sponsor, conduct or
administer Cooperative Procurements as follows:
(a) Contracting AgenciesCity may participate in,
sponsor, conduct or administer Joint Cooperative Procurements to establish
Contracts or Price Agreements for Goods or Services or Personal Services, that
use source selection methods substantially equivalent to those set forth in ORS
279B.055, 279B.060, or 279B.085 or to establish Contracts for Public
Improvements that use a competitive bidding process substantially equivalent to
that set forth in ORS 279C.005 through 279C.870.
(b) Contracting AgenciesCity may participate in,
sponsor, conduct or administer Permissive Cooperative Procurements to establish
contracts or Price Agreements for the acquisition of Goods or Services or
Personal Services that use source selection methods substantially equivalent to
those set forth in ORS 279B.055 or 279B.060.
(c) Contracting AgenciesCity may participate in,
sponsor, conduct or administer Interstate Cooperative Procurements to establish
contracts or Price Agreements for the acquisition of Goods or Services or
Personal Services that use source selection methods substantially equivalent to
those set forth in ORS 279B.055 or 279B.060.
(2) A solicitation and award process uses source selection
methods substantially equivalent to those identified in ORS 279B.055, ORS
279B.060 or ORS 279B.085 when it has the characteristics set forth in ORS 279A.200(2).
Each Participating Contracting AgencyThe PCO shall determine,
in writing, whether the solicitation and award process for an Original Contract
arising out of a Cooperative Procurement is substantially equivalent to those
identified in ORS 279B.055, ORS 279B.060 or ORS 279B.085 in accordance with ORS
279A.200(2).
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 & ORS 279A.205
(1) If a Contracting Agencythe City is an
Administering Contracting AgencyCity of a Cooperative
Procurement, the Contracting AgencyCity may establish the
conditions under which Persons may participate in the Cooperative Procurements
administered by the Administering Contracting AgencyCity. Such conditions may
include, without limitation, whether each Person that participates in the
Cooperative Procurement must pay administrative fees to the Administering Contracting
AgencyCity,
whether the participants must enter into a written agreement with the Administering Contracting
AgencyCity,
or any other matters related to the administration of the Cooperative
Procurement and the resulting Original Contract. A Contracting
Agency that acts as an Administering Contracting
Agency The PCO may, but is not required to, include
provisions in the Solicitation Document for a Cooperative Procurement or
advertise the Solicitation Document in a manner to assist Purchasing
Contracting Agencies’ compliance with the Code or these Model
Rules.
(2) If athe Contracting AgencyCity, acting as a
Purchasing Contracting AgencyCity, enters into a
Contract or Price Agreement based on a Cooperative Procurement, the Contracting
AgencyCity
shall comply with the Code and these Model Rules, including without
limitation those sections of the Code and these Model
Rules that govern:
(a) The extent to which the
Purchasing Contracting AgencyCity may participate in
the Cooperative Procurement,
(b) The advertisement of the solicitation document related to the Cooperative Procurement, and
(c) Public notice of the Purchasing
Contracting
AgencyCity’s
intent to establish Contracts or Price Agreements based on a Cooperative
Procurement.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 & ORS 279A.205
A If Contracting AgencyCity that chooses to
participate in, sponsor, conduct or administer a Joint Cooperative Procurement, it may do so only in
accordance with ORS 279A.210.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 & ORS 279A.210
A Contracting Agency thatIf City chooses to
participate in, sponsor, conduct or administer a Permissive Cooperative
Procurement, it may
do so only in accordance with ORS 279A.215.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 & ORS 279A.215
(1) A Purchasing Contracting Agency that wishes Tto enter into a
Contract or Price Agreement arising out of a Permissive Cooperative Procurement, PCO must publish notice
of its intent to do so if the Purchasing Contracting AgencyPCO estimates that it City will spend in excess
of $250,000 on Goods and Services or Personal Services acquired under the
Contract or Price Agreement.
(2) For purposes of determining whether a Purchasing Contracting
AgencyPCO
must give the notice required by OAR 137-046-0440subsection (1), a Purchasing Contracting
AgencyCity
will spend in excess of $250,000 for Goods and Services or Personal Services
acquired under a Contract or Price Agreement arising out of a Permissive
Cooperative Procurement if:
(a) The Purchasing Contracting
AgencyCity’s
Contract or Price Agreement arising out of the Permissive Cooperative
Procurement expressly provides that the Purchasing Contracting
AgencyCity
will make payments over the term of the Contract or Price Agreement that will,
in aggregate, exceed $250,000, whether or not the total amount or value of the
payments is expressly stated;
(b) The Purchasing Contracting
AgencyCity’s
Contract or Price Agreement arising out of the Permissive Cooperative
Procurement expressly provides for a guaranteed maximum price, or a maximum not
to exceed amount in excess of $250,000; or
(c) At the time the Purchasing Contracting
AgencyAwarding
Authority enters intoawards the Contract or Price Agreement, the Purchasing Contracting
AgencyAwarding
Authority reasonably
contemplates, based on historical or other data available to the Purchasing Contracting
AgencyAwarding
Authority, that the total payments it will make for Goods or Services or
Personal Services under the Contract or Price Agreement will, in aggregate,
exceed $250,000 over the anticipated duration of the Contract or Price
Agreement.
(3) The notice of intent required by SubsOAR 137-046-ection 0440(1) shall
contain the information required by ORS 279A.215(2)(b), and Agency PCO shall advertise the
notice in the same manner as provided in ORS 279B.055(4)(b) and (c). Unless the Purchasing Contracting
Agency has adopted rules that set forth a different time
period, tThe
Purchasing
Contracting Agency PCO shall give the notice
required by this Section no fewer than 7 days before the deadline for
submitting comments regarding the Purchasing Contracting Agency’s intent
to establish a Contract or Price Agreement through a Permissive Cooperative
Procurement.
(4) If
City intends to be Aan Administering Contracting AgencyCity and that intends to
establish a Contract or Price Agreement arising out of the Permissive
Cooperative Procurement it administers, the PCO may satisfy the notice requirements
set forth in OAR 137-046-0440Subsections (1) and (3) by including the
information required by ORS 279A.215(2)(b) in the Solicitation Document related
to the Permissive Cooperative Procurement, and including instructions in the
Solicitation Document to potential Offerors describing how they may submit
comments in response to the Administering Contracting AgencyCity’s intent to establish
a Contract or Price Agreement through the Permissive Cooperative Procurement. The content and timing of such notice shall comply in all
respects with ORS 279A.215(2), ORS 279A.215(3) and these Model Rules.
(5) The Purchasing Contracting AgencyPCO shall respond to any
comments on its intent to establish a Contract or Price Agreement through a
Permissive Cooperative Procurement as set forth in ORS 279A.215(3)(c).
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 & ORS 279A.215
A If Contracting AgencyCity that chooses to
participate in, sponsor, conduct or administer an Interstate Cooperative Procurement Procurement, it may do so only in accordance with ORS 279A.220.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 & ORS 279A.220
A Purchasing Contracting AgencyCity may only participate
in an Interstate Cooperative Procurement as a Purchasing City if at least one of the
following occurs:
(1) The Solicitation Document for the Interstate Cooperative
Procurement lists the Purchasing Contracting AgencyCity or the Cooperative
Procurement Group of which the Purchasing Contracting AgencyCity is a member as a
party that may enter into Contracts or Price Agreements under the terms and
conditions of the Original Contract, and the Solicitation Document is
advertised in Oregon in compliance with ORS 279B.055(4) or ORS 279B.060(4) by
either:
(a) The Purchasing Contracting
AgencyCity;
or
(b) The Cooperative Procurement
Group, or a member of the Cooperative Procurement Group, of which the Purchasing Contracting
AgencyCity
is a member; or
(c) Another Purchasing Contracting
AgencyCity
that is subject to the Code, so long as such advertisement would, if given by
the Purchasing Contracting AgencyCity, comply with ORS
279B.055(4) or ORS 279B.060(4) with respect to the Purchasing Contracting
AgencyCity;
or
(2) If the Solicitation Document issued by the an Administering Contracting
AgencyCity
was not advertised in accordance with OAR 137-046Section 101-0460(1), the Purchasing Contracting
AgencyPCO
shall gives
notice of its intent to enter into a Public Contract or Price Agreement based
on the terms of the Interstate Cooperative Procurement. The
notice of intent shall contain the information required by ORS 279A.220
(2)(b)(B), and the Purchasing Contracting AgencyPCO shall advertise the
notice in the same manner as provided in ORS 279B.055(4)(b) and (c). Unless the Purchasing Contracting
Agency has adopted rules that set forth a different time
period, tThe
Purchasing
Contracting Agency PCO shall give the notice
required by this Section no fewer than 7 days before the deadline for
submitting comments regarding the Purchasing Contracting Agency’s intent
to establish a contract or price agreement through a Permissive Cooperative
Procurement.
(3) The Purchasing Contracting AgencyPCO shall respond to any
comments on its intent to establish a contract or price agreement through a
Permissive Cooperative Procurement as set forth in ORS 279A.220(3)(c).
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 & ORS 279A.220
(1) If a bidder or proposer wishes to protest the
procurement process, the contents of a solicitation document related to a
Cooperative Procurement, or the award or proposed award of an Original
Contract, the bidder or proposer shall direct the protest to the Administering Contracting
AgencyPCO, if
the City is the Administering City, and the bidder or proposer shall make
such protest in accordance with ORS 279B.400 through ORS 279B.425. If the
Administering Contracting Agency is not subject to the Code,
then bidders or proposers shall make such protests in accordance with the
processes and procedures established by the Administering Contracting
Agencythese
Rules.
(2) The failure of a Purchasing Contracting AgencyCity to exercise any
rights or remedies it has under a Contract or Price Agreement entered into
through a Cooperative Procurement shall not affect the rights or remedies of
any other Contracting
Agencycity that participates in
the Cooperative Procurement, including the City, if it is the Administering Contracting
AgencyCity,
and shall not prevent any other Purchasing Contracting AgencyCity from exercising any
rights or seeking any remedies that may be available to it under its own
Contract or Price Agreement arising out of the Cooperative Procurement.
(3) Any other protests related to a Cooperative Procurement, or disputes related to a Contract or Price Agreement arising out of a Cooperative Procurement, shall be made and resolved as set forth in ORS 279A.225.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065 & ORS 279A.225
A purchasing Contracting AgencyCity may amend a Contract
entered into as a
Purchasing City pursuant to a Cooperative Procurement as set forth in OAR 137-047Section 102-0800.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065
REPEALED RULES
137-046-0500
Repealed Rules
As required by Or Laws 2003, chapter 794, section
334, OAR 137-030-0000, 137-030-0005,
137-030-0006, 137-030-0008, 137-030-0010, 137-030-0011, 137-030-0012,
137-030-0013, 137-030-0014, 137-030-0015, 137-030-0020, 137-030-0030, 137-030-0035,
137-030-0040,137-030-0050, 137-030-0055, 137-030-0060, 137-030-0065,
137-030-0070, 137-030-0075, 137-030-0080,137-030-0085, 137-030-0090,
137-030-0095, 137-030-0100,
137-030-0102, 137-030-0104, 137-030-0105,
137-030-0110, 137-030-0115, 137-030-0120, 137-030-0125, 137-030-0130,
137-030-0135, 137-030-0140, 137-030-0145, 137-030-0155, 137-035-0000, 137-035-0010, 137-035-0020,
137-035-0030, 137-035-0040,137-035-0050, 137-035-0060, 137-035-0065, 137-035-0070, 137-035-0080, 137-040-0000, 137-040-0005,137-040-0010,
137-040-0015, 137-040-0017, 137-040-0020, 137-040-0021, 137-040-0025,
137-040-0030,137-040-0031, 137-040-0035, 137-040-0045, 137-040-0500,
137-040-0510, 137-040-0520, 137-040-0530, 137-040-0540, 137-040-0550,
137-040-0560, 137-040-0565, 137-040-0570, 137-040-0590 are repealed effective
March 1, 2005. The repealed rules will continue to apply to the solicitation of
Public Contracts first advertised, but if not advertised then entered into,
before March 1, 2005.
[1]Projects for which SDC credit may be given are not, by the giving of a credit, a project that has received direct or indirect public funding and therefore would not be subject to the Oregon Public Contracting Code. BOLI holds that waiver of fees does not trigger the requirement for payment of prevailing wages. (EB 2/05).