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

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Exhibit A to Administrative Order No. 44-23-01-F City of Eugene Public Contracting Rules 2022 – Part 1 Page 8 E5. Copyrighted, Library, and other Materials of the Creative Process Procurement of intellectual property when the product(s) are protected under copyright law and/or there is only one known supplier (e.g., manufacturer, copyright holder) available for such products. Intellectual property is defined as art, copyrighted materials, subscription services, and other products of the creative process. Examples of copyrighted materials typically covered by this special procurement include, but are not limited to, books, periodicals, reference materials, audio and video media (e.g. tapes, streaming services), and products of the visual, aural and written arts. It should be noted that if there is more than one supplier of copyrighted materials, and the products are not being purchased directly from the writer, manufacturer or other original source, every attempt should be made to establish a competitive selection process to achieve the greatest economy. E6. Printing Services Not withstanding that the Contracting Agency’s cumulative procurement of printing services may exceed $150,000 per annum: 1) Small Procurements. The Contracting Agency may procure any individual contract for printing services not exceeding $10,000 in any manner deemed practical by the Solicitation Agent. A Procurement may not be artificially divided or fragmented so as to constitute a small procurement under this section. 2) Intermediate Procurements. The Contracting Agency may procure any individual contract for printing services valued at less than or equal to $150,000 by obtaining a minimum of three informally solicited competitive quotes. The Contracting Agency shall keep a record of the source and amount of the quotes received. If three informally solicited competitive quotes are not available, fewer quotes will suffice, provided a record is made of the effort to obtain the quotes. E7. Manufacturer Direct Supplies The Contracting Agency may purchase goods directly from a manufacturer if a competitive solicitation process was previously completed and the manufacturer’s price is less than offers received in response to the competitive solicitation. Procurements of this type are made on a case-by-case basis and shall not be price agreements. E8. Fuel and Oil The Contracting Agency is exempt from formal competitive procurement requirements for the purchase of gasoline, diesel fuel, heating oil, and lubricants if Contracting Agency conducts an intermediate procurement and Contracting Agency purchases the product from the Offeror offering the least expensive goods, and retains written justification for the purchase made.