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 24 l) Where the state Contracting Agency employs serial negotiations or competitive simultaneous negotiations under ORS 279B.060(8), and the application of the weighting requirement in ORS 279B.060(3)(e) and (9)(a) could inhibit flexibility in negotiations or impede the ability of the agency or the Proposers to arrive at the most beneficial overall combination of Public Contract elements. m) Any other circumstances in which the Contracting Agency’s interest in achieving economy, efficiency, compatibility, or availability in the Procurement of the Goods or Services significantly outweighs the Contract price the state Contracting Agency anticipates to pay under the advertised Contract. 7) The director or head of a state Contracting Agency, or the designee of the director or agency head, must document in the Procurement file the basis for any determination that the waiver of the thirty-percent weighting requirement is in the best interest of the Contracting Agency. A director or head of a state Contracting Agency, or the designee of the director or agency head, must report each waiver of that requirement to the Director of the Department of Administrative Services in a Written report that outlines the reasons for the waiver. The requirement to report each waiver to the Director of the Department of Administrative Services does not apply to the Secretary of State or the State Treasurer. Related State Statutes: ORS 279B.060, ORS279A.065, OL 2015 & ch. 325 (HB2716) 137-047-0261. Procedures for Competitive Range, Multi-tiered, and Multistep Proposals 1) Generally. A Contracting Agency may use one or more, or any combination, of the methods of Contractor selection set forth in ORS 279B.060(7), 279B.060(8) and this rule to procure Goods or Services. In addition to the procedures set forth in Rule 137-047-0300 through 137-047-0490 for methods of Contractor selection, a Contracting Agency may provide for a multi-tiered or Multistep selection process that permits awards to the highest ranked Proposer at any tier or step, calls for the establishment of a Competitive Range, or permits either serial or competitive simultaneous discussions or negotiations with one or more Proposers. 2) When conducting a multi-tiered or multistep selection process, a Contracting Agency may use any combination or series of Proposals, discussions, negotiations, demonstrations, offers, or other means of soliciting information from Proposers that bears on the selection of a Contractor or Contractors. In multi-tiered and multistep competitions, a Contracting Agency may use these means of soliciting information from prospective Proposers and Proposers in any sequence or order, and at any stage of the selection process, as determined in the discretion of the Contracting Agency. 3) When a Contracting Agency’s Request for Proposals prescribes a multi-tiered or multistep Contractor selection process, a Contracting Agency nevertheless may, at the completion of any stage in the competition and on determining the Most Advantageous Proposer (or, in multiple-award situations, on determining the awardees of the Public Contracts), award a Contract (or Contracts) and conclude the Procurement without proceeding to subsequent stages. The Contracting Agency also may, at any time, cancel the Procurement under ORS 279B.100. 4) Exclusion Protest. A Contracting Agency may provide before the notice of an intent to Award an opportunity for a Proposer to protest exclusion from the Competitive Range or from subsequent phases of multi-tiered or multistep sealed Proposals as set forth in Rule 137-047-0720.