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 106 subcontract and any extensions (if the Contractor used the certification as a factor in or as a basis for the award of the subcontract); D) That the Contracting Agency may require the Contractor to terminate a subcontract with a subcontractor that fails to maintain its certification under ORS 200.055 throughout the term of the subcontract and any extensions. b) In the administration of Contracts that are subject to section (4) of this rule, the Contracting Agency must verify the Contractor’s and any subcontractor’s compliance with subsection (4)(a) of this rule. c) Subparagraph (4)(a)(A) of this section does not apply to an emerging small business that ceases to qualify as a tier one firm or a tier two firm (as ORS 200.005 defines those terms) due to the growth in the business’s number of full-time equivalent employees or in average annual gross receipts during the term of the Contract. This section (4) does not apply to an emerging small business for which a certification under ORS 200.055 expires during the term of the Contract or any extensions. 5) Rejection of all Offers. A Contracting Agency may reject all Offers for good cause upon the Contracting Agency's Written finding it is in the public interest to do so. The Contracting Agency shall notify all Offerors of the rejection of all Offers, along with the good cause justification and finding. 6) Criteria for Rejection of All Offers. The Contracting Agency may reject all Offers upon a Written finding that: a) The content of or an error in the Solicitation Document, or the solicitation process unnecessarily restricted competition for the Contract; b) The price, quality or performance presented by the Offerors is too costly or of insufficient quality to justify acceptance of the Offer; c) Misconduct, error, or ambiguous or misleading provisions in the Solicitation Document threaten the fairness and integrity of the competitive process; d) Causes other than legitimate market forces threaten the integrity of the competitive Procurement process. These causes include, but are not limited to, those that tend to limit competition such as restrictions on competition, collusion, corruption, unlawful anti- competitive conduct, and inadvertent or intentional errors in the Solicitation Document; e) The Contracting Agency cancels the solicitation in accordance with Rule 137-049-0270; or f) Any other circumstance indicating that Awarding the Contract would not be in the public interest. Related State Statutes: ORS 279A.065, ORS 279A.105, 279A.110, 279C.375, 279C.380, 279C.395, OL 2015, ch. 325 (HB 2716), OL 2015 & ch. 565 (HB 3303) 137-049-0450. Protest of Contractor Selection, Contract Award 1) Purpose. An adversely affected or aggrieved Offeror must exhaust all avenues of administrative review and relief before seeking judicial review of the Contracting Agency's Contractor selection or Contract Award decision. 2) Notice of Competitive Range. Unless otherwise provided in the RFP, when the competitive Proposal process is authorized under Rule 137-049-0650, the Contracting Agency shall provide Written notice to all Proposers of the Contracting Agency's determination of the Proposers included in the Competitive Range. The Contracting Agency's notice of the Proposers included in the Competitive Range shall not be final until the later of the following: a) Seven (7) Days after the date of the notice, unless otherwise provided therein; or