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 39 137-047-0500. Responsibility of Bidders and Proposers 1) Before Awarding a Contract, the Contracting Agency shall determine that the Bidder submitting the lowest Bid or Proposer submitting the most Advantageous Proposal is Responsible. The Contracting Agency shall use the standards set forth in ORS 279B.110 and Rule 137-047-0640(1)(c)(F) to determine if a Bidder or Proposer is Responsible. In the event a Contracting Agency determines a Bidder or Proposer is not Responsible it shall prepare a Written determination of non-Responsibility as required by ORS 279B.110 and shall reject the Offer. 2) In addition to making the responsibility determination under ORS 279B.110 and Rule 137- 047-0640(1)(c)(F), the Contracting Agency may consider (as authorized by House Bill 2094 (2019 Oregon Laws, chapter 124)), as part of the Contracting Agency’s evaluation of a Bid or Proposal, whether the Bidder or Proposer owes a liquidated and delinquent debt to the state. Related State Statutes: ORS 279.065 & 279B.110 137-047-0525. Qualified Products Lists A Contracting Agency may develop and maintain a qualified products list pursuant to ORS 279B.115. Related State Statutes: ORS 279.065 & 279B.115 137-047-0550. Prequalification of Prospective Offerors; Pre-negotiation of Contract Terms and Conditions 1) A Contracting Agency may prequalify prospective Offerors pursuant to ORS 279B.120 and 279B.125. 2) Notwithstanding the prohibition against revocation of prequalification in ORS 279B.120(3), a Contracting Agency may determine that a prequalified Offeror is not Responsible prior to Contract Award. 3) A Contracting Agency may pre-negotiate some or all Contract terms and conditions including prospective Proposer Contract forms such as license agreements, maintenance and support agreements, or similar documents for use in future Procurements. Such pre- negotiation of Contract terms and conditions (including prospective Proposer forms) may be part of the prequalification process of a Proposer in section (1) or the pre-negotiation may be a separate process and not part of a prequalification process. Unless required as part of the prequalification process, the failure of the Contracting Agency and the prospective Proposer to reach agreement on pre-negotiated Contract terms and conditions does not prohibit the prospective Proposer from responding to Procurements. A Contracting Agency may agree to different pre-negotiated Contract terms and conditions with different prospective Proposers. When a Contracting Agency has pre-negotiated different terms and conditions with Proposers or when permitted, Proposers offer different terms and conditions, a Contracting Agency may consider the terms and conditions in the Proposal evaluation process. Related State Statutes: ORS 279A.065, 279A.015, & 279B.120