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 2 Page 92 3) Form of Bid or Proposal Security. A Contracting Agency may accept only the following forms of Bid or Proposal security: a) A surety bond from a surety company authorized to do business in the State of Oregon; b) An irrevocable letter of credit issued by an insured institution as defined in ORS 706.008; or c) A cashier's check or Offeror's certified check. 4) Return of Security. A Contracting Agency shall return or release the Bid or Proposal security of all unsuccessful Offerors after a Contract has been fully executed and all required bonds and insurance have been provided, or after all Offers have been rejected. The Contracting Agency may return the Bid or Proposal security of unsuccessful Offerors prior to Award if the return does not prejudice Contract Award and the security of at least the Bidders with the three lowest Bids, or the Proposers with the three highest scoring Proposals, is retained pending execution of a Contract. Related State Statutes: ORS 279A.065, 279C.365, 279C.385 & 279C.390 137-049-0300. Facsimile Bids and Proposals 1) Contracting Agency Authorization. A Contracting Agency may authorize Offerors to submit facsimile Offers. If the Contracting Agency determines that Bid or Proposal security is or will be required, the Contracting Agency shall not authorize facsimile Offers unless the Contracting Agency has established a method for receipt of such security. Prior to authorizing the submission of facsimile Offers, the Contracting Agency shall determine that the Contracting Agency's equipment and personnel are capable of receiving the size and volume of anticipated Offers within a short period of time. In addition, the Contracting Agency shall establish administrative procedures and controls: a) To receive, identify, record, and safeguard facsimile Offers; b) To ensure timely delivery of Offers to the location of Opening; and c) To preserve the Offers as sealed. 2) Provisions To Be Included in Solicitation Document. In addition to all other requirements, if the Contracting Agency authorizes a facsimile Offer for Bids or Proposals, the Contracting Agency shall include in the Solicitation Document (other than in a Request for Quotes) the following: a) A provision substantially in the form of the following: “A ‘facsimile Offer,’ as used in this Solicitation Document, means an Offer, modification of an Offer, or withdrawal of an Offer that is transmitted to and received by the Contracting Agency via a facsimile machine”; b) A provision substantially in the form of the following: “Offerors may submit facsimile Offers in response to this Solicitation Document. The entire response must arrive at the place and by the time specified in this Solicitation Document.”; c) A provision that requires Offerors to Sign their facsimile Offers; d) A provision substantially in the form of the following: “The Contracting Agency reserves the right to Award the Contract solely on the basis of the facsimile Offer. However, upon the Contracting Agency's request the apparent successful Offeror shall promptly submit its complete original Signed Offer.”; e) The data and compatibility characteristics of the Contracting Agency's receiving facsimile machine as follows: A) Telephone number; and B) Compatibility characteristics, e.g., make and model number, receiving speed, communications protocol; and