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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 93 <br /> <br />f) A provision that the Contracting Agency is not responsible for any failure attributable to <br />the transmission or receipt of the facsimile Offer including, but not limited to the <br />following: <br />A) Receipt of garbled or incomplete documents; <br />B) Availability or condition of the receiving facsimile machine; <br />C) Incompatibility between the sending and receiving facsimile machine; <br />D) Delay in transmission or receipt of documents; <br />E) Failure of the Offeror to properly identify the Offer documents; <br />F) Illegibility of Offer documents; and <br />G) Security and confidentiality of data. <br />Related State Statutes: ORS 279A.065 & 279C.365 <br /> <br /> <br />137-049-0310. Electronic Procurement <br />1) General. Contracting Agencies may utilize Electronic Advertisement of Public Improvement <br />Contracts in accordance with ORS 279C.360(1), provided that advertisement of such <br />Contracts with an estimated Contract Price in excess of $125,000 must also be published in <br />a trade newspaper of general statewide circulation, and may post notices of intent to Award <br />electronically as provided by ORS 279C.410(7). <br />2) Alternative Procedures. In the event that a Contracting Agency desires to direct or permit <br />the submission and receipt of Offers for a Public Improvement Contract by electronic means, <br />as allowed under ORS 279C.365(1)(d), it shall first promulgate supporting procedures <br />substantially in conformance with Rule 137-047-0330 (Electronic Procurement under ORS <br />Chapter 279B), taking into account ORS Chapter 279C requirements for Written bids, <br />opening bids publicly, bid security, first-tier subcontractor disclosure, and inclusion of <br />prevailing wage rates. <br />3) Interpretation. Nothing in this Rule shall be construed as prohibiting Contracting Agency <br />from making procurement documents for Public Improvement Contracts available in <br />electronic format as well as in hard copy when Bids are to be submitted only in hard copy. <br />See ORS 279C.365(2). <br />Related State Statutes: ORS 279A.065 & 279C.365 <br /> <br /> <br />137-049-0320. Pre-Closing Modification or Withdrawal of Offers <br />1) Modifications. An Offeror may modify its Offer in Writing prior to the Closing. An Offeror shall <br />prepare and submit any modification to its Offer to the Contracting Agency in accordance <br />with Rule 137-049-0280, unless otherwise specified in the Solicitation Document. Any <br />modification must include the Offeror's statement that the modification amends and <br />supersedes the prior Offer. The Offeror shall mark the submitted modification as follows: <br />a) Bid (or Proposal) Modification; and <br />b) Solicitation Number (or Other Identification as specified in the Solicitation Document). <br />2) Withdrawals. <br />a) An Offeror may withdraw its Offer by Written notice submitted on the Offeror's letterhead, <br />Signed by an authorized representative of the Offeror, delivered to the location specified <br />in the Solicitation Document (or the place of Closing if no location is specified), and <br />received by the Contracting Agency prior to the Closing. The Offeror or authorized <br />representative of the Offeror may also withdraw its Offer in Person prior to the Closing, <br />upon presentation of appropriate identification and satisfactory evidence of authority.