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

Home Browse Search

Exhibit A to Administrative Order No. 44-23-01-F City of Eugene Public Contracting Rules 2022 – Part 2 Page 105 A) Is contingent on the Contracting Agency’s acceptance of terms and conditions (including Specifications) that differ from the Solicitation Document; B) Takes exception to terms and conditions (including Specifications); C) Attempts to prevent public disclosure of matters in contravention of the terms and conditions of Solicitation Document or in contravention of applicable law; D) Offers Work that fails to meet the Specifications of the Solicitation Document; E) Is late; F) Is not in substantial compliance with the Solicitation Documents; G) Is not in substantial compliance with all prescribed public solicitation procedures. c) The Contracting Agency shall reject an Offer upon the Contracting Agency’s finding that the Offeror: A) Has not been prequalified under ORS 279C.430 and the Contracting Agency required mandatory prequalification; B) Has been Disqualified; C) Has been declared ineligible under ORS 279C.860 by the Commissioner of Bureau of Labor and Industries and the Contract is for a Public Work; D) Is listed as not qualified by the Construction Contractors Board, if the Contract is for a Public Improvement; E) Has not met the requirements of ORS 279A.105 if required by the Solicitation Document; F) Has not submitted properly executed Bid or Proposal security as required by the Solicitation Document; G) Has failed to provide the certification required under section 3 of this rule; H) Is not Responsible. See Rule 137-049-0390(2) regarding Contracting Agency determination that the Offeror has met statutory standards of responsibility. 2) Form of Business. For purposes of this rule, the Contracting Agency may investigate any Person submitting an Offer. The investigation may include that Person’s officers, Directors, owners, affiliates, or any other Person acquiring ownership of the Person to determine application of this rule or to apply the Disqualification provisions of ORS 279C.440 to 279C.450 and Rule 137-049-0370. 3) Certification of Non-Discrimination. The Offeror shall certify and deliver to the Contracting Agency Written certification, as part of the Offer, that the Offeror has not discriminated and will not discriminate against any disadvantaged business enterprise, minority-owned business, women-owned business, emerging small business, or business that a service- disabled veteran owns, in obtaining any required subcontracts. Failure to do so shall be grounds for disqualification. 4) Contract and Subcontract Conditions. If a Contracting Agency awards a Contract to an Offeror that has been determined to be responsible under ORS 200.005(8) and ORS 200.045(3), or awards a Contract under ORS 279A.100: a) The Contracting Agency must provide, as a material condition of the Contract: A) That the Contractor must maintain its certification under ORS 200.055 throughout the term of the Contract and any extensions (if the Contracting Agency used the certification as a factor in or as a basis for the award of the Contract); B) That the Contractor must promptly pay each subcontractor that is certified under ORS 200.055 in accordance with ORS 279B.220, or 279C.570 and ORS 279C.580, whichever apply to the Contract; C) That the Contractor must include, in any subcontract the Contractor establishes in connection with the Contract, a provision that requires the subcontractor to maintain the subcontractor’s certification under ORS 200.055 throughout the term of the