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5.34.820 Use of Alternative Contracting Methods.

City Code Section

(Amended by Ordinance Nos. 183445, 185898 and 187373, effective October 14, 2015.)

A.  Competitive Bidding Exemptions. ORS Chapter 279C requires a competitive bidding process for Public Improvement Contracts unless a statutory exception applies, a class of Contracts has been exempted from Competitive Bidding, or an individual Contract has been exempted from Competitive Bidding, in accordance with ORS 279C.335 and Section 5.34.830. Use of Alternative Contracting Methods may be directed by the City’s Chief Procurement Officer as an exception to the prescribed Public Contracting practices in Oregon, and their use must be justified in accordance with City Code.

B.  Post-Project Evaluation. ORS 279C.355 requires that the City prepare a formal post-project evaluation of Public Improvement projects in excess of $100,000 when the City does not use Competitive Bidding. The purpose of this evaluation is to determine whether it was actually in the City’s best interest to use an Alternative Contracting Method instead of Competitive Bidding. The evaluation must be delivered to City Council on behalf of the City’s Chief Procurement Officer within 30 Days after the date the City "accepts" the Public Improvement project, which event is typically defined in the Contract.  In the absence of a definition of “acceptance”, the later of the date of final payment or the date of final completion of the Work will govern. ORS 279C.355 describes the timing and content of this evaluation, with three required elements:

1.  Financial information, consisting of Cost Estimates, any Guaranteed Maximum Price, changes and actual costs;

2.  A narrative description of successes and failures during design, engineering and construction; and

3.  An objective assessment of the use of the Alternative Contracting Method as compared to the exemption Findings.