Item 7 - Ord/Pub.Contract.Code - Laserfiche WebLink

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· Authority of the Purchasing Agent - Recognizes the City Manager as Purchasing Agent and describes the authority of the Purchasing Agent. · Definitions - Defines certain public contracting terms used in the ordinance. · Process for approval of Special Solicitation Methods and Exemptions - Establishes the procedure by which the City Council may approve special solicitation methods. · Solicitations Methods for Classes of Contracts - Establishes procurement methods for classes of contracts. Examples of items included in this section are contracts which can be awarded at the solicitation agent's discretion (formerly know as exemptions). This section repeats most of the exempt classes of contracts that existed under former Eugene Code Section 2.1230, but adds new classes of contracts and solicitation methods created by the OPCC, and requires contracts that include professional services as well as construction services (such as design/build contracts) to be awarded under requests for proposals rather than invitations to bid. · Use of brand name specifications for public improvements - Lists exceptions to the OPCC general prohibition against brand name specifications for public improvement contracts. · Bid performance and payment bonds - Details when Bid, Performance, and Payment bonds are required. · Electronic advertisement of Public Improvement Contracts - Allows for electronic posting of advertisements for public improvement contracts. · Appeal of Debarment or Prequalification Decision - Establishes the procedure by which persons debarred from competing for City contracts or to whom prequalification has been denied may appeal the decision to the City Council, as required by the OPCC. RELATED CITY POLICIES Adoption of public contracting regulations is mandated by state law. The public contracting law is a discrete body of law that is not dependent on any other body of law. The ordinance furthers the City's policy in favor of environmental responsibility by requiring the City Manager to adopt rules that give preference to goods made from recycled products. The ordinance furthers the City's policy of promoting local businesses by giving preference to goods and services that have been manufactured in Oregon (the only direct preference sanctioned in the OPCC) and by allowing contractors for mid-sized contracts (up to $150,000) to be selected from a limited number of vendors, without public advertisement. The ordinance promotes the City's policy in favor of affordable low-income housing but requiring the City Manager to adopt rules that will allow City-owned residential structures that are not needed for public purposes to be given to nonprofit organizations for use as low-income housing. All City contracts will be considered subject to the human rights provisions of EC 4.625 prohibiting discrimination. COUNCIL OPTIONS The council has the following options: 1. The council may decline to take any action, effectively choosing to allow the existing code and rules to be repealed on March 1 and require that the City follow the Oregon Attorney Generals Model Public Contracting Rules. L:\CMO\2005 Council Agendas\M050228\S0502287.doc