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 117 construction phase, and M & V phase of the Work, consistent with the requirements of OAR 137-049-0680. Related State Statutes: ORS 279C.335, ORS 279A.065 & ORS 351.086; DOJ 2-2015, f. & cert. ef. 2-3-15 137-049-0645. Requests for Requests for Qualifications (RFQu) As provided by ORS 279C.405(1), Contracting Agencies may utilize Requests for Qualifications (RFQus) to obtain information useful in the preparation or distribution of a Request for Proposals (RFPs). When using RFQus as the first step in a two-step solicitation process, in which distribution of the RFPs will be limited to the firms identified as most qualified through their submitted statements of qualification, Contracting Agencies shall first advertise and provide notice of the RFQu in the same manner in which RFPs are advertised, specifically stating that RFPs will be distributed only to the firms selected in the RFQu process. In such cases the Contracting Agencies shall also provide within the RFQu a protest provision substantially in the form of Rule 137-049-0450(5) regarding protests of the Competitive Range. Thereafter, contracting agencies may distribute RFPs to the selected firms without further advertisement of the solicitation. Related State Statutes: ORS 279C.405 & 279A.065 137-049-0650. Requests for Proposals (“RFP”) 1) Generally. The use of competitive Proposals must be specially authorized for a Public Improvement Contract under the competitive bidding exception and exemption requirements of ORS 279C.335, and Rules137-049-0130 and 137-049-0600 to 137-049-0690. Also see ORS 279C.337 and 279C.400 to 279C.410 for statutory requirements regarding competitive Proposals and 137-049-0640 regarding competitive Proposal procedures. 2) Solicitation Documents. In addition to the Solicitation Document requirements of Rule137- 049-0200, this rule applies to the requirements for RFPs. RFP Solicitation Documents shall conform to the following standards: a) The Contracting Agency shall set forth selection criteria in the Solicitation Document. Examples of evaluation criteria include price or cost, quality of a product or service, past performance, management, capability, personnel qualification, prior experience, compatibility, reliability, operating efficiency, expansion potential, experience of key personnel, adequacy of equipment or physical plant, financial wherewithal, sources of supply, references, and warranty provisions. See Rule 137-049-0640 regarding Proposal evaluation and evaluation factors. Evaluation factors need not be precise predictors of actual future costs and performance, but to the extent possible, such factors must be reasonable estimates based on information available to the Contracting Agency. Subject to ORS 279C.410(4), the Solicitation Document may provide for discussions with Proposers to be conducted for the purpose of Proposal evaluation prior to award or prior to establishing any Competitive Range; b) When the Contracting Agency is willing to negotiate terms and conditions of the Contract or allow submission of revised Proposals following discussions, the Contracting Agency shall identify the specific terms and conditions in or provisions of the Solicitation Document that are subject to negotiation or discussion and authorize Offerors to propose certain alternative terms and conditions in lieu of the terms and conditions the Contracting Agency has identified as authorized for negotiation. The Contracting Agency