Admin Order 44-23-01-F -- Final Public Contracting Rule 2022

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Administrative Order - Page 1 of 2 ADMINISTRATIVE ORDER NO. 44-23-01-F of the City Manager of the City of Eugene AMENDING AND REPLACING PUBLIC CONTRACTING RULES 2014 ADOPTED BY ADMINISTRATIVE ORDER NO. 44-14-08-F. The City Manager of the City of Eugene finds that: A. Section 2.019 of the Eugene Code, 1971 (“EC” or “Code”) generally authorizes the City Manager to adopt rules for administration of provisions of the Code. EC 2.1400 through 2.1451 establish the City of Eugene Public Contracting Regulations and EC 2.1400 and EC 2.1415 specifically authorize the City Manager to adopt rules for the implementation of those regulations. B. On January 6, 2015, Administrative Order No. 44-14-08-F was issued adopting amendments to Public Contracting Rule R-1415 (“the Rule”) pursuant to EC 2.019 and 2.1415. C. On June 27, 2022, the City Council adopted Ordinance No. 20669 which amended the Code by streamlining and updating the City of Eugene Public Contracting Regulations. Ordinance No. 20669 became effective on July 30, 2022. D. On February 2, 2023, I issued Administrative Order No. 44-23-01 ordering that notice be given of the opportunity to submit written comments on a proposal to amend the Rule to implement the City of Eugene Public Contracting Regulations in compliance with state public contracting law. In accordance with state public contracting laws, specifically ORS 279A.065(5), and Eugene Code Section 2.1400(4), the Oregon Attorney General’s Model Public Contracting Rules (OAR Chapter 137, Divisions 46-49), the “Oregon Model Rules,” do not apply to the City’s public contracting activities. Therefore, it is necessary that the City adopt its own public contracting rules, as set forth in Part 1 of Exhibit A, which include portions of the Oregon Model Rules, as set forth in Part 2 of Exhibit A. E. Notice of the proposed amendments to the Rule was given by making copies of the Notice available to any person who had requested such notice and by publication of the Notice in the Register Guard newspaper on February 6, 7, 8, 9, and 10, 2023, providing interested persons an opportunity to submit comments on the proposed amendments until the end of the day on February 21, 2023. No comments concerning the proposed Rules were submitted within the time or in the manner set out in the Notice. On the basis of these findings, I order that: 1. Public Contracting Rules 2014 which was adopted by Administrative Order No. 44-14-08-F, is amended and replaced in its entirety with the City of Eugene Public Contracting Rules 2022 as set forth in Exhibit A attached to this Order.