LAKE OSEWGO PUBLIC
CONTRACT RULES 2005
SECTION 104
PROPERTY DISPOSITION
104-0100 Auction Sales of Personal Property.
104-0110 Sales of Personal Property.
104-0115 Liquidation Sales of Personal Property.
104-0120 Donations of Personal Property.
(1) These
Section 104 rules implement ORS chapter 279B, Public Procurements and apply to
the Sale of Personal Property.
Note: These Section 104 rules, as adopted effective March 1, 2005, are a renumbering of former Section 5 of the Lake Oswego
Contracting and Purchasing to be a part of the Lake Oswego Public Contract
Rules, effective on
March 1, 2005, which apply to Contracts first
advertised, but if not advertised then entered into, on or after March 1, 2005. References to ORS and OAR provisions were updated pursuant to the
City Recorder’s authority
to update changes in
references resulting from a change in the statutory number or subsection in the
Oregon Revised Statutes or Oregon Administrative Rules.
(1) “Personal Property” means “tangible
personal property” as defined in ORS 307.020.
Personal property may
be sold at auction if the PCO determines that the auction contemplated will
probably result in a higher net return than if the property were sold by
competitive written bid.
(1) The PCO may sell personal property,
including recyclable or reclaimed materials and forfeited property, without
formal competitive bidding if the PCO has determined that a negotiated sale
will result in increased net revenue and the following conditions are complied
with:
(2) When the current market value per item is
deemed to be less than $1,000, the PCO may establish a selling price, schedule
and advertise a sale date, and sell to the first qualified buyer meeting the
sale terms.
(3) When the current value per item is
deemed to exceed $1,000, the personal property must be offered for competitive
written bid and be advertised in accordance with ORS 279.025279B.055, or be offered
for sale at public auction in accordance witha manner similar to OAR 125‑350‑010050-0060. If no bids are
received or if a determination is made that the market value of the property
exceeds the offer of the highest responsible bidder, all bids may be rejected
and the PCO may negotiate a sale subject to the following conditions:
(a). An appraisal of the market value of
the property is obtained and documented and the negotiated sale price exceeds
the market value; or
(b). The sale amount exceeds the highest
bid received through the bidding or auction process.
The PCO may sell
personal property through a commercially recognized third party liquidator or
public agency if the PCO has determined that a liquidation sale will result in
increased net revenue and the selection of the liquidator was conducted, as a
minimum, by the competitive Request for Proposal process governed by OAR
125-310-025Section
102-0260.
(1) The
PCO may transfer personal property, including recyclable or reclaimed materials
or forfeited property, without remuneration or only nominal remuneration
without competitive bids to the following activities:
(a). Another public agency; or
(b) Any sheltered workshop, work activity
center or group care home which operates under contract or agreement with, or
grant from, any state agency and which is certified to receive federal surplus
property; or
(c). Any recognized non-profit activity
which is certified to receive federal surplus property.
(2). The
PCO may donate or sell, without competitive bids, surplus personal property to
recognized private non‑profit social or health service activates, subject
to the following conditions:
(a). A determination has been made that the
property is not needed for other public purposes;
(b). If the property has a current market
value of $250 or more, the
donation or sale shall
(i) Be the donation
or sale shall:
Be documented by
the PCO to be clearly in the public interest and
(ii). The
PCO determines this is the most efficient and cost‑effective method for
disposing of the property.
(3). The
PCO shall maintain a record of all transfers, donations or sales authorized by
Sections A and B of this rule.