Pursuant to ORS 279A.065(6), the City elects to establish its own policy for public contracting and purchasing. Except as provided herein, the Model Rules do not apply to the City.
[Ord. No. 6498, 10/20/2025]
Note: Former Article XIII, Public Contracts, derived from Ord. No. 6115; Ord. No. 6181; Ord. No. 6281; Ord. No. 6305; Ord. No. 6306; and Ord. No. 6340, was repealed by Ord. No. 6498, 10/20/2025.
The Council is designated as the local contract review board of the City and has all the rights, powers, and authority necessary to carry out the provisions of this Code, the Public Contracting Code, and/or the Model Rules.
[Ord. No. 6498, 10/20/2025]
Unless context clearly requires otherwise, the terms used in this Code have the meanings set forth in this section, Springfield Municipal Code section 1.105, ORS 279A.010(1), the statutes listed in ORS 279A.010(2), or the Model Rules:
Sections 2.700 to 2.713 of the Springfield Municipal Code.
Services, other than professional services, that require specialized skill, knowledge, and resources in the application of technical or scientific expertise or in the exercise of professional, artistic, or management discretion or judgment, including but not limited to, the following classes of contracts:
Contracts for services performed in a professional capacity, including, but not limited to, services of an accountant, attorney, auditor, court reporter, information technology consultant, physician or broadcaster;
Contracts for professional or expert witnesses or consultants to provide services or testimony relating to existing or potential litigation or legal matters in which the City is or may become interested;
Contracts for services as an artist in the performing or fine arts, including any person identified as a photographer, film maker, actor, director, painter, weaver or sculptor;
Contracts for services that are specialized, creative or research-oriented; and
Contracts for services as a consultant.
Architectural, engineering, land surveying, photogrammetric, transportation planning or related services, or any combination of these services, provided by a consultant.
Personal services, other than architectural, engineering and land survey services, that are related to the planning, design, engineering or oversight of public improvement projects or components thereof, including, but not limited to, the following:
Landscape architectural services;
Facilities, energy, and space planning services;
Environmental impact studies;
Hazardous substances or hazardous waste or toxic substances testing services;
Wetland delineation studies;
Wetland mitigation services;
Natural and historic resource services such as Native American/Alaskan Native studies, historical research, endangered species studies, rare plant studies, biological services, or archaeological services;
Cost estimating and appraising services;
Material testing services;
Mechanical system balancing and commissioning services;
Project management services, construction management services, and owner's representatives services; and/or
Land use planning services.
Contracts or agreements for services that generate revenue and that are typically awarded to the offeror proposing the most advantageous or highest monetary return, except for liquidation sale and auction services for disposition of surplus property.
The range and attributes of the goods or services described in a procurement document.
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.
Conventional paper documents, whether handwritten, typewritten or printed, in contrast to spoken words, including electronic transmissions or facsimile documents when required by applicable law or permitted by a solicitation document or contract.
[Ord. No. 6498, 10/20/2025]
This Code does not apply to the following:
(1)
Contracts or agreements to which the Public Contracting Code does not apply.
(2)
Contracts, intergovernmental and interstate agreements entered into pursuant to ORS Chapter 190.
(3)
Grants.
(4)
Acquisitions or disposals of real property or interests in real property.
(5)
Procurements from an Oregon Corrections Enterprise program.
(6)
Contracts for employee benefit plans.
(7)
Contracts for insurance.
(8)
Revenue generating agreements.
(9)
A development agreement entered into between the City of Springfield and a person or entity responsible for carrying out conditions of approval of a land use decision of the City of Springfield. The term "land use decision" has the meaning provided by ORS 197.015.
(10)
Contracts with newspapers or other publications for the placement of advertising or for the purpose of giving public or legal notice.
(11)
Contracts, agreements, or other documents entered into, issued or established in connection with:
(a)
The incurring of debt, including any associated contracts, agreements or other documents, regardless of whether the obligations that the contracts, agreements or other documents establish are general, special or limited;
(b)
The making of program loans and similar extensions or advance of funds, aid or assistance by the City to a public or private person for the purpose of carrying out, promoting or sustaining activities or programs authorized by law other than for the construction of public works or public improvements;
(c)
The investment of funds by the City as authorized by law; or
(d)
Banking, money management or other predominantly financial transactions that, by their character, cannot practically be established under the competitive contractor selection procedures, based upon the findings of the City Manager.
(12)
Contracts for the purchase of goods or services where the rate or price for the goods or services being purchased is established by federal, state or local regulating authority and available from a single source or limited number of sources.
(13)
Federal agreements where applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations conflict with any provision of the Public Contracting Code or this Code or require additional conditions in public contracts not authorized by the Public Contracting Code or this Code.
(14)
Any contract exempted by the specific provisions of this Code.
[Ord. No. 6498, 10/20/2025]
(1)
Authority of the City Manager. For contracts and purchases covered by this Code, the City Manager is authorized to:
(a)
Award and enter into contracts and amendments, and purchase goods, services and/or property, without specific authorization by the Council, whenever the contract amount is $250,000 or less and the proposed expenditure is included in the current fiscal year appropriations.
(b)
Delegate, in writing, the signature authority and purchasing powers described in subsection (1)(a).
(c)
Consistent with this chapter, adopt forms, computer software, procedures, and administrative policies for all City purchases regardless of amount.
i.
The forms, computer software, procedures, and administrative policies adopted under this section must not encourage favoritism or substantially diminish competition, and must allow the City to take advantage of the cost-saving benefits of alternative contracting methods and practices.
ii.
The City must use the forms, procedures, computer software, and administrative rules unless they conflict with the Code.
(2)
Purchasing from City Employees or Officials. Purchases of goods from or contracts for services with a City employee or official, a City employee's or official's relative or member of their household, or a business with which the employee or official or their relative or member of their household is associated with, must be authorized by the City Manager and must be in accordance with City administrative policies and the Oregon Government Ethics Law, ORS chapter 244.
(3)
Economies of Scale. Each department must plan purchase requirements sufficiently in advance so that orders can be placed in economical quantities.
(4)
Favorable Terms Required. Purchases and contracts must be negotiated on the most favorable terms in accordance with this chapter, other adopted ordinances, state laws, policies and procedures.
[Ord. No. 6498, 10/20/2025]
(1)
Public Notice. Unless otherwise specifically provided by this Code, the Public Contracting Code, or Model Rules, any notice required to be published by this Code may be published using any method the City Manager deems appropriate, including, but not limited to, mailing notice to persons that have requested notice in writing, placing notice on the City's website, or publishing in statewide trade or local publications.
(2)
Procedure for Verbal Quotes and Proposals. Where allowed by this Code, solicitations by verbal quotes and proposals must be based on a description of the quantity of goods or services to be provided, and may be solicited and received by phone, facsimile, or email if authorized by the City Manager.
(a)
A good faith effort must be made to contact at least three prospective contractors.
(b)
If three prospective contractors are not reasonably available, fewer will suffice, provided the reasons three prospective contractors are not reasonably available is documented as part of the procurement file.
(3)
Procedure for Informal Written Solicitation. Where allowed by this Code, informal written solicitations are made by a solicitation document sent to not less than three prospective contractors.
(a)
The solicitation document must request competitive price quotes or competitive proposals, and include:
i.
The date, time and place that price quotes or proposals are due;
ii.
A description or quantity of the good or service required;
iii.
Any statement of period for which price quotes or proposals must remain firm, irrevocable, valid and binding on the offeror. If no time is stated in the solicitation document, the period is 30 days;
iv.
Any required contract terms or conditions; and
v.
Any required bid form or proposed format.
(b)
Price quotes or proposals must be received by the City Manager at the date, time and place established in the solicitation document.
(c)
The City Manager will keep a written record of the sources of the quotes or proposals.
(d)
If three quotes or proposals are not reasonably available, fewer will suffice, but the City Manager must make a written record of the effort made to obtain quotes or proposals as part of the procurement file.
(4)
Retroactive Approval. Retroactive approval of a contract means the award or execution of a contract where work was commenced without final award or execution. The City Manager may make a retroactive approval of a contract only if the responsible employee submits a copy of the proposed contract to the City Manager, along with a written request for contract retroactive approval, that contains:
(a)
An explanation of the reason work was commenced before the contract was finally awarded or executed;
(b)
A description of steps being taken to prevent similar occurrences in the future;
(c)
Evidence that, but for the failure to finally award or execute the contract, the employee complied with all other steps required to properly select a contractor and negotiate the contract; and
(d)
A proposed form of contract.
(5)
No Artificial Division. The City may not artificially divide or fragment a public contract or procurement so as to constitute a less competitive level of procurement than required under this Code or to circumvent competitive procurement requirements under this Code.
[Ord. No. 6498, 10/20/2025]
(1)
Small Procurements. Contracts for or purchases of goods or services with a contract price of $25,000 or less are small procurements.
(a)
Small procurements may be by any procurement method the City Manager deems practical or convenient, including direct selection or award, competitive verbal quotes, or informal written solicitations.
(b)
Negotiations. The City Manager may negotiate with an offeror to clarify competitive verbal quotes or proposals or informal written proposals, or to make modifications that will make the quote or proposal acceptable or more advantageous to the City.
(c)
Award. If a contract is awarded, the award must be made to the offeror whose verbal quote or proposal the City Manager determines will best serve the interests of the City, taking into account price as well as any other relevant considerations, including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose, delivery, and contractor responsibility.
(d)
Amendments. Small procurement contracts may be amended if the cumulative amendments do not increase the total contract price to greater than $31,250.
(e)
Public Notice. No public notice of small procurements is required.
(2)
Intermediate Procurements. Contracts for goods or services with a contract price greater than $25,000 and less than or equal to $250,000 are intermediate procurements.
(a)
Intermediate procurements must be by informal written solicitation.
(b)
Negotiations. The City Manager may negotiate with an offeror to clarify an informal written solicitation, or to make modifications that will make the quote, proposal or solicitation acceptable or more advantageous to the City.
(c)
Award. If a contract is awarded, the award must be made to the offeror whose competitive verbal quote or proposal or informal written solicitation the City Manager determines will best serve the interests of the City, taking into account price or any other relevant considerations, including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose, delivery and contractor responsibility.
(d)
Amendments. Intermediate procurement contracts may be amended if the cumulative amendments do not increase the total contract price to greater than $250,000 or 125% of the original contract price, whichever is greater.
(e)
Public Notice. No public notice of intermediate procurements is required.
(3)
Large Procurements. Contracts for goods or services with a contract price greater than $250,000 are large procurements.
(b)
When using either competitive sealed bidding or competitive sealed proposals, the City Manager must follow the applicable procedures set out in the Model Rules.
(c)
Public notice requirements for large procurements will follow the applicable procedures for competitive sealed bidding or competitive sealed proposals as set out in the Model Rules.
(d)
The City must apply the applicable procedure set out in the Model Rules for processing protests of large procurements.
[Ord. No. 6498, 10/20/2025]
(1)
Classification of Services as Personal Services. In addition to the classes of personal service contracts identified in the definition of personal services contracts, the City Manager may classify additional specific types of services as personal services. The City Manager may classify a service as a personal service if it meets all of the following:
(a)
The work requires specialized skills, knowledge, and resources in the application of technical or scientific expertise, or the work requires the exercise of professional, artistic, or managerial discretion or judgment;
(b)
The City intends to rely on the contractor's specialized skills, knowledge, and expertise to accomplish the work; and
(c)
Selecting a contractor primarily on the basis of qualifications, rather than price, would most likely meet the City's needs and result in obtaining satisfactory contract performance and optimal value.
(2)
Request for Qualifications. At the City Manager's discretion, a request for qualifications may be used to determine whether competition exists to perform needed personal services or to establish a non-binding list of qualified contractors for direct selection, informal written solicitation, or requests for proposals.
(a)
A request for qualifications must describe the particular type of personal services that will be sought, the qualifications the contractor must have to be considered, and the evaluation factors and their relative weight.
(b)
A request for qualifications may require information, including, but not limited to:
i.
The contractor's particular capability to perform the required personal services;
ii.
The number of experienced personnel available to perform the required personal services;
iii.
The specific qualifications and experience of personnel;
iv.
A list of similar personal services the contractor has completed;
v.
References concerning past performance; and
vi.
Any other information necessary to evaluate the contractor's qualifications.
(c)
A voluntary or mandatory qualifications pre-submission meeting may be held for all interested contractors to discuss the proposed personal services. The request for qualifications must include the date, time and location of the meeting.
(d)
Unless the responses to a request for qualifications establish that competition does not exist, the request for qualifications is canceled, or all responses to the request for qualifications are rejected, and all respondents who meet the qualifications set forth in the request for qualifications must receive notice of any required personal services and have an opportunity to submit a proposal in response to request for proposals.
(3)
Direct Selection.
(a)
Personal services may be procured through direct selection if the contract price does not exceed $250,000.
(b)
Personal services may be procured through direct selection at any contract price, if the personal services are of a confidential nature that are necessary to assist with pending or threatened litigation or other legal matters in which the City may have an interest, or if the nature of the personal service requires an ongoing, long-term relationship of knowledge and trust.
(c)
Amendments. Personal services contracts procured by direct selection pursuant to this section may be amended, provided the amendment is within the scope of the original contract and the cumulative amount of the amendments does not increase the total contract price by more than 125% of the original contract price; or the amendment is necessary to complete the work being performed and it would be unreasonable or impracticable to seek another contractor within the time frames needed to complete the work.
(4)
Public Notice. No public notice of personal services contracts procured by direct selection is required.
[Ord. No. 6498, 10/20/2025]
The City will apply the Public Contracting Code and the Model Rules when procuring professional services and processing protests thereof.
[Ord. No. 6498, 10/20/2025]
(1)
Small Procurements. Public improvement contracts for construction services with a contract price of $25,000 or less are small public improvement procurements.
(a)
Small public improvement procurements may be by any procurement method the City Manager deems practical or convenient, including direct selection or award, competitive verbal quotes, or informal written solicitations.
(b)
Negotiations. The City Manager may negotiate with an offeror to clarify competitive verbal quotes or proposals or informal written proposals, or to make modifications that will make the quote or proposal acceptable or more advantageous to the City.
(c)
Award. If a contract is awarded, the award must be made to the offeror whose verbal quote or proposal the City Manager determines will best serve the interests of the City, taking into account price as well as any other relevant considerations, including but not limited to, experience, expertise, product functionality, suitability for a particular purpose, delivery, and contractor responsibility.
(d)
Amendments. Small public improvement procurement contracts may be amended in accordance with the Model Rules.
(e)
Public notice. No public notice of small procurements is required.
(2)
Intermediate Procurements. Public Improvement Contracts with a contract price greater than $25,000 and less than or equal to $100,000 are intermediate procurements.
(b)
The City must apply the applicable procedure set out in the Model Rules for competitive quotes.
(c)
Amendments. Intermediate public improvement procurement contracts may be amended as set forth in the Model Rules.
(d)
Public notice. No public notice of intermediate public improvement procurements is required.
(3)
Large Procurements. Public improvement contracts with a contract price greater than $100,000 are large procurements.
(a)
The City Manager must use competitive bids as set forth in ORS 279C.335, unless using another procurement method as set forth in that statute and consistent with the procedures of the Model Rules.
(b)
The City Manager must follow the applicable procedures set out in the Model Rules for competitive bids.
(c)
The City must apply the applicable procedure set out in the Model Rules for processing protests of large public improvement procurements.
[Ord. No. 6498, 10/20/2025]
(1)
Sole-Source Procurements. The City Manager may award a contract for goods and services or for personal services as a sole-source procurement without competition pursuant the requirements in ORS 279B.075 and the Model Rules.
(2)
Special Procurements. The City Council, upon its own initiative or upon request of the City Manager, may create special selection, evaluation, and award procedures for, or may exempt from competition, the award of a specific contract or class of contracts as provided in ORS 279B.075 or ORS 279C.335 and in accordance with the Model Rules.
(3)
Emergency Procurements. When the City Manager determines that an emergency exists, the City Manager may authorize emergency procurement as provided in ORS 279B.080 and in accordance with the Model Rules. Except for emergency procurements in response to a declared state of emergency, within 30 days of the emergency procurement, the City Manager will provide the City Council with a written report of the circumstances giving rise to the emergency procurement, the costs of the goods and/or services procured, and the method used for selecting the contractor. The City Manager will provide the City Council a written report at reasonable intervals of the circumstances giving rise to emergency procurements that occur in response to a declared state of emergency under the City's emergency management program.
(4)
Cooperative Procurement Contracts. Cooperative procurements may be made without competitive solicitation as provided in the Public Contracting Code.
[Ord. No. 6498, 10/20/2025]
(1)
The City may, but is not required to, conduct any or all portions of a procurement by electronic methods in accordance with the Model Rules.
[Ord. No. 6498, 10/20/2025]
(1)
General Methods. The City may dispose of surplus property by any of the following methods based upon the City Manager's determination that the method of disposal is in the best interest of the City. The City Manager may consider the costs of sale, administrative costs, public benefits to the City, and any other relevant factors.
(a)
Governments. Without competition, by transfer or sale to another unit of government or public agency.
(b)
Auction. By publicly advertised auction to the highest bidder.
(c)
Bids. By publicly advertised invitation to bid.
(d)
Liquidation Sale. By liquidation sale using a commercially recognized third-party liquidator selected as provided in section 2.708 for personal services contracts.
(e)
Fixed Price Sale. For a price established by the City Manager based upon an independent appraisal or published schedule of values generally accepted by the insurance industry. The City Manager will schedule and advertise a sale date and sell to the first buyer meeting the specified sale terms.
(f)
Trade-In. By trade-in, in conjunction with acquisition of other price-based items under a competitive selection. The solicitation must require the offer to state the total value assigned to the surplus property to be traded.
(2)
Disposal of Property with Minimal Value. Surplus property which has a value of less than $500, or for which the costs of sale are likely to exceed sale proceeds, may be disposed of by any means determined to be cost-effective, including by recycling or disposal as waste. The employee making the disposal must make a record of the value of the item and the manner of disposal.
(3)
Personal Use Items. An item or individual set of items for specialized and personal use with a current value less than $100 may be sold to the present, retired, or terminated employee for whose use it was purchased. These items may be sold for fair market value as determined by the City Manager, without bid and by process deemed most efficient by the City Manager.
(4)
Restriction on Sale to City Employees. City employees shall not compete as members of the public, for the purchase of publicly sold surplus property.
(5)
All Sales As-Is. All personal property sold pursuant to this section is to be sold "as-is" without any warranty, either expressed or implied, of any kind.
(6)
Conveyance to Purchaser. Upon the consummation of a sale of surplus personal property, the City shall make, execute and deliver a bill of sale or similar instrument signed on behalf of the City, conveying the pretty in questions to the purchaser and delivering possession, or the right to take possession, of the property to the purchaser.
[Ord. No. 6498, 10/20/2025]