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Admin Order 44-23-01-F -- Final Public Contracting Rule 2022
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Admin Order 44-23-01-F -- Final Public Contracting Rule 2022
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Last modified
6/12/2025 3:13:40 PM
Creation date
3/7/2023 8:48:00 AM
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City Recorder
CMO_Document_Type
Admin Orders
Document_Date
3/6/2023
Document_Number
44-23-01-F
CMO_Effective_Date
3/6/2023
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Exhibit A to Administrative Order No. 44-23-01-F <br />City of Eugene Public Contracting Rules 2022 – Part 2 Page 87 <br /> <br />b) Permissive Prequalification. A Contracting Agency may prequalify a Person for the <br />Contracting Agency's solicitation list on forms prescribed by the Contracting Agency's <br />Purchasing Agent, but in permissive prequalification the Contracting Agency shall not <br />limit distribution of a solicitation to that list. <br />2) Prequalification Presumed. If an Offeror is currently prequalified by either the Oregon <br />Department of Transportation or the Oregon Department of Administrative Services to <br />perform Contracts, the Offeror shall be rebuttably presumed qualified to perform similar <br />Work for other Contracting Agencies. <br />3) Standards for Prequalification. A Person may prequalify by demonstrating to the Contracting <br />Agency's satisfaction: <br />a) That the Person's financial, material, equipment, facility, and personnel resources and <br />expertise, or ability to obtain such resources and expertise, indicate that the Person is <br />capable of meeting all contractual responsibilities; <br />b) The Person's record of performance; <br />c) The Person's record of integrity; <br />d) The Person is qualified to contract with the Contracting Agency. (See, Rule 137-049- <br />0390(2) regarding standards of responsibility.) <br />4) Notice of Denial. If a Person fails to prequalify for a mandatory prequalification, the <br />Contracting Agency shall notify the Person, specify the reasons under section (3) of this rule <br />and inform the Person of the Person's right to a hearing under ORS 279C.445 and <br />279C.450. <br />Related State Statutes: ORS 279A.065, 279C.430, & 279C.435 <br /> <br /> <br />137-049-0230. Eligibility to Bid or Propose; Registration or License <br />1) Construction Contracts. A Contracting Agency shall not consider a Person's Offer to do <br />Work as a contractor, as defined in ORS 701.005(2), unless the Person has a current, valid <br />certificate of registration issued by the Construction Contractors Board at the time the Offer <br />is made. <br />2) Landscape Contracts. A Contracting Agency shall not consider a Person's Offer to do Work <br />as a landscape contractor as defined in ORS 671.520(2), unless the Person has a current, <br />valid landscape contractors license issued pursuant to 671.560 by the State Landscape <br />Contractors Board at the time the offer is made. <br />3) Noncomplying Entities. The Contracting Agency shall deem an Offer received from a Person <br />that fails to comply with this rule nonresponsive and shall reject the Offer as stated in ORS <br />279C.365(1)(k), unless contrary to federal law or subject to different timing requirements set <br />by federal funding agencies. <br />Related State Statutes: ORS 279A.065, 279C.365, 671.530, & 701.055 <br /> <br /> <br />137-049-0240. Pre-Offer Conferences <br />1) Purpose. A Contracting Agency may hold pre-Offer conferences with prospective Offerors <br />prior to Closing, to explain the Procurement requirements, obtain information or to conduct <br />site inspections. <br />2) Required attendance. The Contracting Agency may require attendance at the pre-Offer <br />conference as a condition for making an Offer. Unless otherwise specified in the Solicitation <br />Document, a mandatory attendance requirement is considered to have been met if, at any <br />time during the mandatory meeting, a representative of an offering firm is present.
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