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 14 DIVISION 47: PUBLIC PROCUREMENTS FOR GOODS OR SERVICES 137-047-0000. Application These division 47 rules implement ORS Chapter 279B, Public Procurements and apply to the Procurement of Goods and Services. State Contracting Agencies shall also procure Personal Services, except for Architectural, Engineering, Land Surveying and Related Services, in the same manner other Services are procured under these division 47 rules. Local Contracting Agencies, pursuant to 279B.050(4), may also adopt these division 47 rules to govern the Procurement of Personal Services Contracts or elect to award Personal Services Contracts under procedures set forth in 279B.055 through 279B.085. Related State Statutes: ORS 279A.065, ORS 279B.015 137-047-0100. Definitions 1) “Advantageous” means in the Contracting Agency's best interests, as assessed according to the judgment of the Contracting Agency. 2) “Affected Person” or “Affected Offeror” means a Person whose ability to participate in a Procurement is adversely affected by a Contracting Agency decision. See ORS 279B4.10. Related State Statutes: ORS 279A.065 137-047-0250. Source Selection Methods of Source Selection; Feasibility Determination; Cost Analysis 1) Except as permitted by ORS 279B.065 through 279B.085 and 279A.200 through 279A.225, a Contracting Agency shall Award a Contract for Goods, or Services, or both based on Offers received in response to either competitive sealed Bids pursuant to 279B.055 or competitive sealed Proposals pursuant to 279B.060. 2) Written Cost Analysis for Contracts for Services. Before conducting the Procurement of a Contract for Services that is subject to ORS 279B.030, Contracting Agency must, in the absence of a determination under ORS 279B.036 that performing the services with the Contracting Agency's own personnel and resources is not feasible, conduct a Written cost analysis. 3) Feasibility Determination for Contracts for Services. A Contracting Agency may proceed with the procurement of a Contract for Services without conducting a cost analysis under ORS 279B.030, if the Contracting Agency makes Written findings that one or more of the special circumstances described in ORS 279B.036, make the Contracting Agency's use of its own personnel and resources to provide the Services not feasible. 4) Special Circumstances. The special circumstances identified in ORS 279B.036 that require a Contracting Agency to procure the Services by Contract include any circumstances, conditions, or occurrences that would make the Services, if performed by the Contracting Agency's employees, incapable of being managed, utilized or dealt with successfully in terms of the quality, timeliness of completion, success in obtaining desired results, or other reasonable needs of the Contracting Agency.