Oregon Public Procurement Law

[Mohammed Huberty]

PublicContracting Rules have been adopted by City Council, acting as the Local Contract Review Board, pursuant to the authority granted to the Board by Milwaukie Municipal Code Chapter 3.05. The rules apply to all contracting, purchasing, and disposal of personal property, and establish procedures for purchases made and contracts entered by the city. The rules' objectives are to:

The Finance Department works to assure transparency and fair treatment of all business transactions in compliance with public procurement regulations. We strive to maintain quality and integrity in our procurement processes and maximize the value of purchases for the city and the Milwaukie community.

The city has partnered with Bonfire Interactive to launch a new procurement portal that will allow contractors, consultants, and vendors to receive notifications of procurement opportunities and submit bids/proposals to the city electronically.

2.1. The university routinely procures goods and services to support its mission. In supporting student success, research, and outreach, the university seeks to deliver maximum value through its contracting services, sourcing of goods and services, spending and revenue management, supplier diversity program management, and materials and resource management. This university standard sets maximum dollar thresholds and allowable methods of competitive and non-competitive procurement of goods, services and construction in compliance with state and federal laws, regulations and best practice.

4.1. Aggrieved entity: An entity who is the next ranking bidder or proposer and suffers, or would suffer, harm or a tangible loss, such as physical injury, damage to property, or economic loss based on a process or award and would be eligible to be awarded the public contract in the event that an appeal under Section 5.17 was upheld.

4.4. Competitive process: A method by which the university attempts to obtain offers from adequate number for favorable terms which may include price, quality, promptness of delivery, and/or service for the same specifications and requirements.

4.5. Construction: Any work carried out in connection with the construction, alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure, or preparation of a building site.

4.7. Contract price: The maximum monetary obligation the university either will or may incur under a contract including any addenda, approved alternates, bonuses, incentives and contingency amounts if the contractor fully performs under the contract. The contract price includes all phases of work known or anticipated at the time of award even if such phases are anticipatory or contingent on other factors.

4.10. Emergency: An unexpected, serious situation that creates a significant risk of loss, damage, interruption of service, or threat to public health or safety that requires prompt action to remedy the condition.

4.11. Entity: A natural person capable of being legally bound, sole proprietorship, corporation, partnership, limited liability company, limited partnership, profit or non-profit unincorporated association, business trust, two or more persons having a joint or common economic interest, or a government or governmental subdivision.

4.13. Reserve contract: A legally binding agreement that may be awarded as a result of the reserve contracting program to provide services on an as-needed and non-exclusive basis for the university.

4.14. Sheltered market program: A program under which certain contracts are designated by the Vice President of Finance and Administration, Senior Associate Vice-President of Administration, and Chief Procurement Officer or their designee for procurement from one or more classes of Disadvantaged Vendors.

4.12. Sole source: The only entity or only suitable entity of a particular product or service reasonably available, including when only one source can meet critical parameters or timeframes in order to meet the research and/or business needs of the university.

4.14. Specifications: A description of the physical, functional, or performance characteristics, or of the nature of the goods, services or construction, including any requirement to be satisfied by a product, material or process indicating, if appropriate, the procedures to determine whether the requirements are satisfied.

5.1.2. Procurement and Contract Services may reduce the general procurement thresholds for specific procurements, groups of procurements, or all procurements through unit rules in order to comply with federal, state or local regulations, or if determined by the university to be in its best interest.

5.2.1. When acquiring goods, services or construction, outside of the procurement methods identified in Sec. 5.3 or Sec. 5.6, the university will use one of the following general procurement methods established in this university standard corresponding to the general procurement threshold based on the anticipated contract price:

5.3.1 A competitive process authorized by the Vice President for Finance and Administration, or Chief Procurement Officer or designee, as an alternative procurement that provides competitive opportunities to multiple entities for the provision of goods, services or construction to the university through a process equivalent to the process required by the anticipated contract price. Alternative procurements must meet one of the following objectives: responds to innovative business or market practices; contributes to increased efficiency or effectiveness; or, provides comprehensive cost savings or increased value. Alternative procurements shall be used on only non-federal funded procurements or any procurement within the direct procurement method.

5.4.1. Procurement and Contract Services may maintain a reserve contracting program for a variety of services. Reserve contracting programs may not be used on federal funded procurements except procurements within the direct procurement threshold. Reserve contracting programs will be established in accordance with this subsection.

5.4.3. Entities that meet the minimum qualifications may be offered a contract or accepted into a qualified reserve group in accordance with the practice identified in the solicitation document. Provision of services is on a non-exclusive as-needed basis.

5.5.1. When purchasing or contracting for goods, services or construction under the reserve contracting program, the following reserve contracting thresholds apply based on the anticipated contract price:

5.5.2. Procurement and Contract Services may reduce reserve contracting thresholds for specific procurements, groups of procurements, or all procurements through unit rules in order to comply with federal, state or local regulations, or if determined by the university to be in its best interest.

5.6.1. When acquiring goods, services or construction, outside of the general procurement methods identified in Sec. 5.2, the university will use one of the following reserve contracting procurement methods corresponding to the type of service and reserve contracting threshold based on the anticipated contract price:

5.7.1. All procurement and contracting activities must be undertaken in compliance with university policies, standards, and rules on ethics and conflicts of interest and with Oregon Revised Statute Chapter 244 (government ethics).

5.9.1 The Vice President of Finance and Administration, Senior Associate Vice President of Administration, chief procurement officer or their designee may establish a sheltered market program in conformity with the requirements of this section. Such authorization may apply to a single contract or to any number or types of contracts and shall specify the class or classes of disadvantaged vendors to be included in the sheltered market program.

5.9.2 procurement shall not solicit or award a contract pursuant to a sheltered market program until the Vice President of Finance and Administration, Senior Associate Vice President of Administration, chief procurement officer or their designee has approved written procedures for the operation of such program.

5.9.3 A procurement shall not solicit or award a contract pursuant to a sheltered market program over the dollar threshold established by the Vice President of Finance and Administration, Senior Associate Vice President of Administration, or chief procurement officer. Sheltered market program utilization is allowed for procurements identified as below the dollar threshold over the entire contemplated value of the contract. The Reserve Contract program is separate of the sheltered market program.

5.9.5 The Vice President of Finance and Administration, Senior Associate Vice President of Administration, or chief procurement officer may develop additional criteria for selection of contractor and supplier participation in the program.

5.10.1. Brand-Name Specification. For non-federally funded purchases the university may specify brand names in the procurement of goods and construction if a particular product or service has attributes not found in other products and services of like kind. In addition, when specific design or performance specifications must be met for goods to be purchased, the university may specify a list of qualified goods by reference to the qualified goods. For purchases using federal funding brand name or equal must be used.

5.11.1. An amendment for additional work or goods that is closely related to the scope of work under the original solicitation document or contract, including change orders, extra work, field orders, or other change in the original specifications that increases the original contract price or length of time, may be made with the contractor without using a competitive process provided that the amendment does not materially alter the contract.

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