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 46 (vii) Has supplied all necessary information in connection with the inquiry concerning Responsibility. If the Offeror fails to promptly supply information requested by the Contracting Agency concerning Responsibility, the Contracting Agency shall base the determination of Responsibility upon any available information, or may find the Offeror non-Responsible. 2) For the purposes of subparagraph (1)(c)(F)(v) of this rule: a) The period for which the Offeror must attest that it complied with the applicable tax laws must extend no fewer than six years into the past from the date of the Closing. b) Tax laws include, but are not limited to, ORS 305.620, ORS chapters 316, 317 and 318, any tax provisions imposed by a political subdivision that apply to the Offeror or to the performance of the Contract, and any rules and regulations that implement or enforce those tax laws. c) A Contracting Agency may exercise discretion in determining whether a particular form of attesting to compliance with the tax laws is “credible and convenient” under ORS 279B.110(2)(e), taking into consideration the circumstances in which the attestation is made and the consequences of making a false attestation. Therefore, a Contracting Agency may accept forms of attestation that range from a notarized statement to a less formal document that records the Offeror’s attestation. However, State Contracting Agencies may not accept the certificate of compliance with tax laws required by ORS 305.385 unless that certificate embraces, in addition to the tax laws described in ORS 305.380, the tax laws of political subdivisions. 3) Form of Business Entity. For purposes of this rule, the Contracting Agency may investigate any Person submitting an Offer. The investigation may include that Person's officers, directors, owners, affiliates, or any other Person acquiring ownership of the Person to determine application of this rule or to apply the Debarment provisions of ORS 279B.130. Related State Statutes: ORS 279 A.065, 279B.100 & 279B.110, OL 2015, ch 454 (SB 491), OL 2015 & ch 539 (SB 675) 137-047-0650. Rejection of All Offers 1) Rejection. A Contracting Agency may reject all Offers as set forth in ORS 279B.100. The Contracting Agency shall notify all Offerors of the rejection of all Offers, along with the reasons for rejection of all Offers. 2) Criteria. The Contracting Agency may reject all Offers based upon the following criteria: a) The content of, or an error in, the Solicitation Document, or the Procurement process unnecessarily restricted competition for the Contract; b) The price, quality, or performance presented by the Offerors are too costly or of insufficient quality to justify acceptance of any Offer; c) Misconduct, error, or ambiguous or misleading provisions in the Solicitation Document threaten the fairness and integrity of the competitive process; d) Causes other than legitimate market forces threaten the integrity of the competitive process. These causes may include, without limitation, those that tend to limit competition, such as restrictions on competition, collusion, corruption, unlawful anti- competitive conduct, and inadvertent or intentional errors in the Solicitation Document; e) The Contracting Agency cancels the Procurement or solicitation in accordance with Rule 137-047-0660; or f) Any other circumstance indicating that Awarding the Contract would not be in the public interest. Related State Statutes: ORS 279.065 & 279B.100