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 98 b) Standards for Disqualification. As provided in ORS 200.065, 200.075 or 279A.110, a Contracting Agency may disqualify a Person’s right to submit an Offer or to participate in a Contract (e.g. subcontractors) as follows: A) For a Disqualification under ORS 200.065, the Contracting Agency may disqualify a Person upon finding that: (i) The Person fraudulently obtained or retained or attempted to obtain or retain or aided another Person to fraudulently obtain or retain or attempt to obtain or retain certification as a disadvantaged business enterprise, minority-owned business, women-owned business, emerging small business, or a business that a service- disabled veteran owns; or (ii) The Person knowingly made a false claim that any Person is qualified for certification or is certified under ORS 200.055 for the purpose of gaining a Contract or subcontract or other benefit; or (iii) The Person has been disqualified by another Contracting Agency under ORS 200.065. B) For a Disqualification under ORS 200.075, the Contracting Agency may disqualify a Person upon finding that: (i) The Person has entered into an agreement representing that a disadvantaged business enterprise, minority-owned business, women-owned business, emerging small business, or a business that a service-disabled veteran owns, certified under ORS 200.055 (“Certified Enterprise”), will perform or supply materials under a Public Improvement Contract without the knowledge and consent of the Certified Enterprise; or (ii) The Person exercises management and decision-making control over the internal operations, as defined by ORS 200.075(1)(b), of any Certified Enterprise; or (iii) The Person uses a Certified Enterprise to perform Work under a Public Improvement Contract to meet an established Certified Enterprise goal, and such enterprise does not perform a commercially useful function, as defined by ORS 200.075(3), in performing its obligations under the contract. (iv) If a Person is Disqualified for a Disqualification under ORS 200.075, the affected Contracting Agency shall not permit that Person to participate in that Contracting Agency’s Contracts. C) For a Disqualification under ORS 279A.110, a Contracting Agency may disqualify a Person if the Contracting Agency finds that the Person discriminated against a disadvantaged business enterprise, minority-owned business, women-owned business, emerging small business, or a business that a service-disabled veteran owns in awarding a subcontract under a Contract with that Contracting Agency. 2) Notice of Intent to Disqualify. The Contracting Agency shall notify the Person in Writing of a proposed Disqualification personally or by registered or certified mail, return receipt requested. This notice shall: a) State that the Contracting Agency intends to disqualify the Person; b) Set forth the reasons for the Disqualification; c) Include a statement of the Person’s right to a hearing if requested in Writing within the time stated in the notice and that if the Contracting Agency does not receive the Person’s Written request for a hearing within the time stated, the Person shall have waived its right to a hearing; d) Include a statement of the authority under which the hearing will be held; e) Include a reference to the particular sections of the statutes and rules involved; f) State the proposed Disqualification period; and g) State that the Person may be represented by legal counsel.