HomeMy WebLinkAboutOrdinance No. 19950ORDINANCE N0, 19950
AN ORDINANCE CONCERNING PUBLIC CONTRACTING PROCEDURES;
AND AMENDING SECTIONS 2.1225 AND 2.1230 OF THE EUGENE
CODE, 1911,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.1225 of the Eugene Code, 1911, i s amended to provide:
2.1225 Public Contracts - Carn eti ti ve Bi dd i n .
~ 1 } It i s the pal i cy of the city to encourage public contracting
competition that supports openness and impartiality to the maximum extent
possible. The counci 1 finds that:
~a} Competition exists not only i n prices, but i n the
techn ~ cal competence of suppliers, i n their abi 1 i ty to make t i mel y
del ~ very es and ~ n the qual ~ ty and performance of their products and
services and that a balance must exist between performance
competition and price competition;
fib} The nature of effective competition varies with the
product or service being procured and that while competitive sealed
b~ ds are a common. method of procurement, i t i s not always the most
advantageous or practical method of source selection; and
~c} Meaningful competition can be achieved through a variety
of methads when procuring products or services . The methods include
but are not 1 united to:
1. Price competition as represented by the initial or
acquisition price;
2. Competition as represented by price and
performance evaluations of the competing items and suppliers;
3. Competition as represented by evaluation of the
capabilities of bidders or proposers to perform needed
services;
4. Competition as represented by evaluation of the
capabi 1 i ti es of the bidders or proposers to perform the
services followed by a negotiation or price; or
. 5. Competition as represented by another method of
procurement that is reasonably calculated to satisfy the
city's need.
~ 2 } Except as provided i n sections 2.1220 to 2 ,1255, all publ i c
contracts shall be based upon competitive bids or offers, evaluated and awarded
based on bids and offers that represent optimal value to the city, and made under
conditions that foster competition among a suf f i c i ent number of potential
suppliers that of fer a wi de spectrum of products and services and that represent
a broad marketplace. Fostering competition shall be reflected i n:
~a} Writing specifications and procurement documents in a
simple and easy to read format;
fib} Searching for new sources of supply;
. , ~ c} Attempting to make sot i c i tat i on documents simple and
~nvit~ng;
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~d} Everyday courtesy shown to prospective suppliers and
contractors; and
e fie} The way information on contracting opportunities is
prov ~ ded to suppl ~ ers, ~ ncl ud ~ ng but not 1 i mi ted to advertisement i n
publications of general circulation, and any other reasanabl e
methods that encourage competition and are consistent with sections
2.1200 to 2.1255 of this code.
The city may evaluate every .aspect of competition i n its effort to purchase
products or services, choose the appropriate solicitation process in accordance
with the criteria i n subsection ~ 1 } of this section, and arrive at offers that
represent optimal value to the city.
~3} The purchasing agent shal 1 mai ntai n a record of all publ i c
contracts awarded including those exempt under section 2.1230. Except for
contracts under $2, 500, the record shall include the bids solicited and received
and determinations made by the purchasing agent.
. ~4} ,Notwithstanding provisions of law requiring the city to enter
~ nta contracts w~ th the 1 owest responsible bidder and subject to subsection ~5}
of this section, any city employee charged with the purchase of materials and
supplies for any public use shat l give preference to the purchase of material s
and supplies manufactured from recycled materials.
~5} The city shall give preference to materials and supplies
manufactured from recycled materials i f
~a} The recycled product i s avai 1 abl e;
fib} The recycled product meets appl icab1e standards;
~c} The recycled product can be substituted for a comparabl e
nonrecycled product; and
~d} Recycled products casts do not exceed the costs of
nonrecycled products by more than five percent.
~~} The ci ty shal 1 purchase 1 ubri cati ng of 1 and i ndustri al of 1 from
the seller whose of 1 product contains the greater percentage of recycled vi 1,
unless a spec~f~c oil product containing recycled oil is:
~a} Not avai 1 abl a wi thi n a reasonabl a period of time or i n
quant~t~es necessary to meet the city's needs;
fib} Nat able to meet the performance requirements or
standards recommended by the equipment or vehicle manufacturer,
including any warranty requirements; or
~c} Avai 1 abl a only at a cost greater than 105 percent of the
cost of comparable virgin of 1 products.
Section 2. Subsection ~1} of Section 2.1230 of the Eugene Code, 1971, is
amended by adding new subparagraphs ~o} and gyp} thereto, to provide:
2.1230 Public Contracts - Exem tians and Classifications.
~ 1 } The fal 1 owi ng classes of public contracts are exempt from
competitive bidding as public contracts that do not encourage favoritism or
substantially diminish competition and that result in substantial cost savings:
~o} . Contracts between public agencies uti 1 i zi ng an existing
sol i c~ tats on or current requirement contract of one of the pubi i c
agencies that is party to the contract for which:
1. The on g i na1 contract met the requirements of
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2,1225 ~ Eugene Code 2.1230
sections 2.1200 to 2,1255 of this code;
2. The contract allows other public agency usage of
the contract; and
3. The original contracting public agency concurs.
No written agreement i s necessary ,.under this subparagraph i f the
arrangement ~s between or among units of local government.
gyp} Contracts for sale of structures ]ocated on city-owned
property.
Section 3. The City Recorder, at the request of, or with the concurrence
of the City Attorney, is authorized to administratively correct any reference
errors contained herein or i n other provisions of the Eugene Code, 1911 to the
provisions ~ added, amended, or repealed herein,
Passed by the City Counci 1 thi s
31st day of January, 1994
~ / `'`
i
City Recorde
Approved by the Mayor th i s
31st day of January, 1994
~~~
r
Mayor
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