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 23 disabled veterans or emerging small business enterprises that are certified under ORS 200.055), allocating a substantial proportion of the weighting to Contract price may make larger, higher-volume firms disproportionately price-competitive, thereby impairing the smaller firms’ chances of securing a Contract award. b) Where the state Contracting Agency will use the Goods or Services over a significant period, so that the long-term costs of acquiring, using, or maintaining them constitutes a more important consideration than just the Contract price. Procurements in which the evaluation of life cycle costing will yield a more accurate assessment of the overall cost to the Contracting Agency or to the public fall within this category. c) Procurements in which the value or results of a successfully performed Contract or project are more important than the amount of direct payments under the Contract to be awarded. d) Procurements in which the adverse effects (which may include costs or losses) of project failure or of a failure in Contract performance can be anticipated to significantly outweigh the state Contracting Agency’s burden of paying the Contract price. e) Circumstances in which the Contract price for the development or production of a design, process, or business solution are projected to be significantly less than the cost to the state Contracting Agency of implementing, operating, or maintaining the resulting design, process, or solution. f) Circumstances in which the Contract price for the development or production of a design, process, or business solution is projected to be significantly less than the monetary value to the state Contracting Agency of the successful implementation or the successful operation of the resulting design, process, or solution. g) Situations in which the savings the state Contracting Agency will realize from using the design, process, or solution that will result from the performance of the anticipated Contract will be more significant than the amount of the Contract price the state Contracting Agency will pay under the Contract. h) Conditions under which the consulting guidance or value-engineering assistance to be provided by the Contractor have the potential to produce long-term savings for the state Contracting Agency or for the public that will significantly exceed the anticipated Contract price of the advertised Contract. Examples may include circumstances in which Contractor expertise or experience in the selection of “next stage” products, configurations, or components for the completion of a project or for the operation of a system or of equipment likely will yield savings or efficiencies that eclipse the amount of the Contract price. i) Where the expertise, experience, or precision that a Contractor must provide in the performance of a service Contract or of a Contract for both Goods and Services is demonstrably more critical to the satisfaction of the state Contracting Agency’s procurement objectives than the direct Contract price. j) Circumstances in which giving greater weight to the Proposers’ satisfaction of technical, standard, dimensional, or mathematical specifications, and lesser weight to Contract price, will better ensure that the Goods or Services will be compatible with or will operate efficiently or effectively with components, equipment, parts, Services, or information technology (including hardware, Services, or software) with which the Goods or Services will be used, integrated, or coordinated. k) Where the Procurement represents the first or an early phase in a multiple phase project or in a multiple set of related Contract solicitations and the results of the Contract award under the Procurement can be anticipated to significantly affect the amount of the state Contracting Agency’s costs in subsequent phases or solicitations.