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Admin Order 44-23-01-F -- Final Public Contracting Rule 2022
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Admin Order 44-23-01-F -- Final Public Contracting Rule 2022
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6/12/2025 3:13:40 PM
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3/7/2023 8:48:00 AM
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City Recorder
CMO_Document_Type
Admin Orders
Document_Date
3/6/2023
Document_Number
44-23-01-F
CMO_Effective_Date
3/6/2023
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Exhibit A to Administrative Order No. 44-23-01-F <br />City of Eugene Public Contracting Rules 2022 – Part 2 Page 47 <br /> <br />137-047-0660. Cancellation of Procurement or Solicitation <br />1) Cancellation in the Public Interest. A Contracting Agency may cancel a Procurement or <br />solicitation as set forth in ORS 279B.100. <br />2) Notice of Cancellation Before Opening. If the Contracting Agency cancels a Procurement or <br />solicitation prior to Opening, the Contracting Agency shall provide Written notice of <br />cancellation in the same manner that the Contracting Agency initially provided notice of the <br />solicitation. Such notice of cancellation shall: <br />a) Identify the Solicitation Document; <br />b) Briefly explain the reason for cancellation; and <br />c) If appropriate, explain that an opportunity will be given to compete on any re-solicitation. <br />3) Notice of Cancellation After Opening. If the Contracting Agency cancels a Procurement or <br />solicitation after Opening, the Contracting Agency shall provide Written notice of <br />cancellation to all Offerors who submitted Offers. <br />Related State Statutes: ORS 279A.065 & 279B.100 <br /> <br /> <br />137-047-0670. Disposition of Offers if Procurement or Solicitation Canceled <br />1) Prior to Opening. If the Contracting Agency cancels a Procurement or solicitation prior to <br />Opening, the Contracting Agency shall return all Offers it received to Offerors unopened, <br />provided the Offeror submitted its Offer in a hard copy format with a clearly visible return <br />address. If there is no return address on the envelope, the Contracting Agency shall open <br />the Offer to determine the source and then return it to the Offeror. For Electronic Offers, the <br />Contracting Agency shall delete the Offers from the Contracting Agency’s Electronic <br />Procurement System or information technology system. <br />2) After Opening. If the Contracting Agency cancels a Procurement or solicitation after <br />Opening, the Contracting Agency: <br />a) May return Proposals in accordance with ORS 279B.060(5)(c); and. <br />b) Shall keep Bids in the Procurement file. <br />3) Rejection of All Offers. If the Contracting Agency rejects all Offers, the Contracting Agency <br />shall keep all Proposals and Bids in the Procurement file. <br />Related State Statutes: ORS 279A.065 & 279B.100 <br /> <br /> <br />137-047-0700. Protests and Judicial Review of Special Procurements <br />1) Purpose. An Affected Person may protest the approval of a Special Procurement. Pursuant <br />to ORS 279B.400(1), before seeking judicial review of the approval of a Special <br />Procurement, an Affected Person must file a Written protest with the Contracting Agency <br />and exhaust all administrative remedies. <br />2) Delivery. Notwithstanding the requirements for filing a writ of review under ORS chapter 34 <br />pursuant to ORS 279B.400(4)(a), an Affected Person must deliver a Written protest to the <br />Contracting Agency within seven (7) Days after the first date of public notice of the approval <br />of a Special Procurement by the Contract Review Authority for the Contracting Agency, <br />unless a different protest period is provided in the public notice of the approval of a Special <br />Procurement. <br />3) Content of Protest. The Written protest must include: <br />a) A detailed statement of the legal and factual grounds for the protest; <br />b) A description of the resulting harm to the Affected Person; and
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