FORMAL CONTRACTS

Oklahoma City Municipal Code ch. 2, art. V, div. 3

in effect

Oklahoma City Municipal Code § 2-411 Formal contracts; when required.

§ 2-411. - Formal contracts; when required. (a) All supplies and/or contractual services with an estimated cost exceeding $50,000.00 in City funds shall be purchased by formal written contract from the lowest and best bidder, after due notice inviting bids. (b) All sales, other than sales to other units of government, of surplus property, when the estimated value of such property exceeds $50,000.00, shall be sold by formal written contract or through a public auction to the highest and best bidder, after due notice inviting bids. (c) The provisions of Article IX, Section 4, of the City Charter that relate to letting contracts by competitive bids shall apply to any purchase of supplies and/or contractual services that exceeds $50,000.00 in City funds. (Code 1970, § 14-38; Code 1980, § 2-271; Ord. No. 19343, § 2, 1-9-90; Ord. No. 21624, § 1, 12-19-00; Ord. No. 24940, § 2, 8-12-14; Ord. No. 27276, § 1, 2-14-23)

Oklahoma City Municipal Code § 2-412 Notice inviting bids.

§ 2-412. - Notice inviting bids. (a) Notice inviting bids shall be published not less than one time in a daily newspaper published in the City. The newspaper notice shall include a general description of the services required or the commodities to be purchased or sold, state where bid documents may be obtained, and the time and place for the receipt of bids. (b) Notice may be sent to prospective bidders who have expressed an interest in bidding on the provision of services or commodities that are similar in character and ordinarily handled by the prospective bidder. (c) The City Clerk shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the Municipal Building and a listing on the City's website. (Code 1970, § 14-39; Code 1980, § 2-272; Ord. No. 20270, § 1, 1-4-95; Ord. No. 24741, § 1, 9-24-13)

Oklahoma City Municipal Code § 2-413 Bid bonds.

§ 2-413. - Bid bonds. When deemed necessary by the agent, a bid bond may be prescribed in the public notices inviting bids. Unsuccessful bidders may be entitled to the return of the bond upon the award of a contract. (Code 1970, § 14-40; Code 1980, § 2-273; Ord. No. 20270, § 1, 1-4-95)

Oklahoma City Municipal Code § 2-414 Bid opening procedures.

§ 2-414. - Bid opening procedures. (a) Bids shall be submitted in the manner provided by the bid specifications. (b) Bids shall be opened in public at the time and place stated in the public notices, in the manner provided by the bid specifications, in the presence of the agent, the City Clerk and the City Auditor, or their designees. The agent may postpone or cancel bid openings, by addendum (as defined in Section 2-871(b)), if it is in the best interest of the City. In the event of a City computer system failure, the bid opening may be delayed or cancelled and all bids may be returned unopened, and in such an event, no prior notice of cancellation will be required. Bids not received by the City Clerk's Office prior to the bid receipt deadline shall not be opened and considered. Any bidder may review all bids after the bid opening during regular business hours, and under the supervision of the agent. Upon request, and in accordance with the Open Records Act, the public may obtain copies of any bids, or a portion of a bid, upon payment of the fees provided in Chapter 60, the General Schedule of Fees. (c) A tabulation of all bids received shall be forwarded to the City Manager by the agent with an appropriate recommendation for the acceptance or rejection of the bids. Upon request, the public may obtain copies of the tabulation upon payment of the fee provided in Chapter 60, the General Schedule of Fees. (Code 1970, § 14-41; Code 1980, § 2-274; Ord. No. 20270, § 1, 1-4-95; Ord. No. 22404, § 1, 2-17-04; Ord. No. 24741, § 1, 9-24-13)

Oklahoma City Municipal Code § 2-415 Rejection of bids.

§ 2-415. - Rejection of bids. The City Council shall have the authority to reject all bids, parts of all bids, or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest will be served. (Code 1970, § 14-42; Code 1980, § 2-275)

Oklahoma City Municipal Code § 2-416 Bidders in default to City.

§ 2-416. - Bidders in default to City. The City may reject the bid of a bidder who is in default on the payment of taxes, licenses or other monies due the City. (Code 1970, § 14-43; Code 1980, § 2-276; Ord. No. 20270, § 1, 1-4-95)

Oklahoma City Municipal Code § 2-417 Award of contract.

§ 2-417. - Award of contract. (a) The Council shall have the authority to award contracts as prescribed by the Charter. (b) Contracts shall be awarded to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, the following factors may be considered: (1) the ability, capacity and skill to perform under the contract or provide the service required; (2) whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder; (4) the quality of performance of previous contracts or services; (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; (6) the sufficiency of the financial resources and ability to perform under the contract; (7) the quality, availability and adaptability of the supplies, or contractual services to the particular use required; (8) the ability to provide future maintenance and service; (9) the number and scope of conditions and/or exceptions attached to the bid. (Code 1970, § 14-44; Code 1980, § 2-277; Ord. No. 20270, § 1, 1-4-95)

Oklahoma City Municipal Code § 2-418 Stating of reason for award to other than low bidder.

§ 2-418. - Stating of reason for award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for the award to another bidder shall be entered in the records of the City Clerk, whenever the low bidder is not best. (Code 1970, § 14-45; Code 1980, § 2-278; Ord. No. 20270, § 1, 1-4-95; Ord. No. 24741, § 1, 9-24-13)

Oklahoma City Municipal Code § 2-419 Tie bids.

§ 2-419. - Tie bids. (a) Local vendors. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. (b) Outside vendors. Where Subsection (a) is inapplicable, the Council shall award the contract to one of the tie bidders by drawing lots in public. (Code 1970, § 14-46; Code 1980, § 2-279)

Oklahoma City Municipal Code § 2-420 Performance bonds.

§ 2-420. - Performance bonds. The agent shall have the authority to require a performance bond or warranty, before entering into a contract, in such an amount as may be reasonably necessary to protect the best interests of the City. (Code 1970, § 14-47; Code 1980, § 2-280; Ord. No. 20270, § 1, 1-4-95)

Oklahoma City Municipal Code § 2-421 Subdividing contracts and split purchases prohibited.

§ 2-421. - Subdividing contracts and split purchases prohibited. (a) No purchase shall be subdivided to avoid the requirements of this division. (b) No split purchases shall be allowed. (Code 1970, § 14-48; Code 1980, § 2-281; Ord. No. 20270, § 1, 1-4-95)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH2AD_ARTVPUPR_DIV3FOCOFetched: 10/28/2026