As used in this chapter, the following words and phrases shall have the following meanings. All words or phrases not defined in this section shall have the meanings ascribed to them in the Public Contracting Code or the Model Rules or Oregon Administrative Rules adopted by the Oregon Attorney General thereunder ("Model Rules"):
"City"means the city of Philomath, the city manager or the designated purchasing agent acting on behalf of the city of Philomath, as the context requires.
"Competitive sealed bid"means the process to solicit and award a public contract (or multiple public contracts) for goods or services through a formal process which includes providing public notice of the invitation to bid, opening bids publicly at the time, date and place designated, and considering bid security requirements. The price of the good or service is the primary consideration for award of a contract under this process, as specified quality and suitability for the particular purpose should be set out in the invitation. Criteria that will affect the bid price and will be considered in the evaluation of bids, such as, but not limited to, discounts, transportation costs and total cost of ownership or operation of a product over its life must be objectively measurable.
"Competitive sealed proposal"means the process to solicit and award a public contract (or multiple public contracts) for goods or services through a formal process which includes providing public notice of the request for proposals, considering proposal security requirements, evaluation of proposals, discussions with proposing vendors or multistep approaches to obtain a best offer or best and final offer that is in the best interest of the public.
"Informal quote"means the procedure through which the city shall seek at least three informally solicited competitive proposals from prospective contractors. The quote process does not allow negotiation over price after a quote is received. The city shall keep a written record of the sources of the quotes or proposals received. If three quotes are not reasonably available, fewer will suffice provided the contracting agency makes a written record of the effort to obtain quotes.
"Personal services contract"means a contract to retain the services of an independent contractor whose services require specialized technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of discretionary judgment, and for which the quality of the service depends on attributes that are unique to the service provider. Such services shall include, but are not limited to: architects; engineers; surveyors; attorneys; accountants; auditors; insurance agents; risk managers; investment advisor; computer programmers; artists; designers; performers; and consultants. The contracting agency shall have the authority to determine whether a particular service is a "personal service" under this definition.
"Written quote"means the procedure through which written offers are solicited by advertising, electronic posting, or verbal inquiry, stating the quantity and quality of goods or services to be acquired, and through which written offers are received by the city on or before a stated date. The quote process does not allow negotiation over price after a quote has been received. In soliciting written quotes, the city shall seek a sufficiently large number of potential offerors to insure sufficient competition to meet the best interests of the city. An award based on less than three written quotes may be made provided the contracting agency makes a written record of the effort to obtain quotes.
If a contract is awarded it shall be awarded to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. |
(Ord. 730 § 2, 2005; Ord. 785 § 1, 2013; Ord. 813 § 1, 2016)