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 26 C) Conclude discussions with all remaining eligible Proposers and provide to the then- eligible Proposers, notice requesting best and final Offers. 8) Negotiations. A Contracting Agency may commence serial negotiations with the highest- ranked eligible Proposer or commence simultaneous negotiations with all eligible Proposers. A Contracting Agency may negotiate: a) The statement of work; b) The Contract Price as it is affected by negotiating the statement of work and other terms and conditions authorized for negotiation in the Request for Proposals or Addenda thereto; and c) Any other terms and conditions reasonably related to those authorized for negotiation in the Request for Proposals or Addenda thereto. Proposers shall not submit for negotiation, and a Contracting Agency shall not accept, any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the Request for Proposals or Addendum. 9) Terminating Negotiations. At any time during discussions or negotiations that the Contracting Agency conducts under this Rule, the Contracting Agency may terminate discussions or negotiations with the highest-ranked Proposer, or the eligible Proposer with whom it is currently discussing or negotiating, if the Contracting Agency reasonably believes that: a) The eligible Proposer is not discussing or negotiating in good faith; or b) Further discussions or negotiations with the eligible Proposer will not result in the parties agreeing to the terms and conditions of a Contract in a timely manner. c) Continuing Serial Negotiations. If the Contracting Agency is conducting serial negotiations and the Contracting Agency terminates negotiations with an eligible Proposer, the Contracting Agency may then commence negotiations with the next highest scoring eligible Proposer, and continue the sequential process until the Contracting Agency has either: A) Determined to Award the Contract to the eligible Proposer with whom it is currently discussing or negotiating; or B) Decided to cancel the Procurement under ORS 279B.100. d) Competitive Simultaneous Negotiations. If the Contracting Agency chooses to conduct competitive negotiations, the Contracting Agency may negotiate simultaneously with competing eligible Proposers. The Contracting Agency: A) Shall treat all Proposers fairly and shall not favor any eligible Proposer over another; B) May disclose other eligible Proposer’s Proposals or the substance of negotiations with other Proposers only if the Contracting Agency notifies all of the Proposers with whom the Contracting Agency will engage in negotiations of the Contracting Agency’s intent to disclose before engaging in negotiations with any eligible Proposer. e) Any oral modification of a Proposal resulting from negotiations must be reduced to Writing. 10) Best and Final Offers. If a Contracting Agency requires best and final Offers, a Contracting Agency must establish a common date and time by which eligible Proposers must submit best and final Offers. If a Contracting Agency is dissatisfied with the best and final Offers, the Contracting Agency may make a written determination that it is in the Contracting Agency's best interest to conduct additional discussions, negotiations, or change the Contracting Agency's requirements and require another submission of best and final Offers. A Contracting Agency must inform all eligible Proposers that if they do not submit notice of withdrawal or another best and final Offer, their immediately previous Offers will be considered their best and final Offers. The Contracting Agency shall evaluate Offers as