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 22 may only include or use a Proposer’s pre-negotiated terms and conditions in the resulting Contract to the extent those terms and conditions do not materially conflict with the applicable contractual terms and conditions. The Contracting Agency shall not agree to any Proposer’s terms and conditions that were expressly rejected in a solicitation protest under Rule 137-047-0420. 4) For multiple Award Contracts, The Contracting Agency may enter into Contracts with different terms and conditions with each Contractor to the extent those terms and conditions do not materially conflict with the applicable contractual terms and conditions. The Contracting Agency shall not agree to any Proposer’s terms and conditions that were expressly rejected in a solicitation protest under Rule 137-047-0420. 5) Good Cause. For the purposes of this rule, “Good Cause” means a reasonable explanation for not requiring Contractor to meet the highest standards prevalent in the industry or business most closely involved in providing the Goods or Services under the Contract, and may include an explanation of circumstances that support a finding that the requirement would unreasonably limit competition or is not in the best interest of the Contracting Agency. A Contracting Agency will have Good Cause to specify otherwise when the Contracting Agency determines: a) The use or purpose to which the Goods or Services will be put does not justify a requirement that the Contractor meet the highest prevalent standards in performing the Contract; b) Imposing express technical, standard, dimensional or mathematical specifications will better ensure that the Goods or Services will be compatible with, or will operate efficiently or effectively with, associated information technology, hardware, software, components, equipment, parts, or on-going Services with which the Goods or Services will be used, integrated, or coordinated; c) The circumstances of the industry or business that provides the Goods or Services are sufficiently volatile in terms of innovation or evolution of products, performance techniques, or scientific developments, that a reliable highest prevalent standard does not exist or has not been developed; d) That other circumstances exist in which the Contracting Agency’s interest in achieving economy, efficiency, compatibility or availability in the Procurement of the Goods or Services reasonably outweighs the Contracting Agency’s practical need for the highest standard prevalent in the applicable or closest industry or business that supplies the Goods and Services to be delivered under the resulting Contract. 6) Waiver of Thirty-Percent-to-Contract-Price Weighting Requirement. ORS 279B.060(3)(e) and (9)(a) generally require a state Contracting Agency, when soliciting a Contract for Goods or Services using a Request-for-Proposal Contractor selection method, to give the proposed Contract price not less than thirty percent of the total weight that the agency gives to the total of all factors in the agency’s final evaluation of a Proposal. ORS 279B.060(9)(b), however, empowers the director or other head of a state Contracting Agency to waive the at least thirty-percent-to-Contract-price final evaluation weighting requirement if the director or agency head makes a determination that a waiver is in the best interest of the state Contracting Agency. For the purposes of ORS 279B.060(9)(b), a determination that the waiver of the weighting requirement in ORS 279B.060(3)(e) and (9)(a) is in the best interest of the state Contracting Agency may be based on factors that may include, but are not limited to, any one or a combination of the following: a) Circumstances that support a finding that the requirement would unreasonably limit competition for the advertised Contract or would frustrate the procurement objectives of the state Contracting Agency. For example, where the state Contracting Agency is attempting to attract competition from smaller firms (like businesses owned by service-