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 1 Page 5 Section 8. Section 2(c) of Rule 137-048-0220 Formal Selection Procedure [Section deleted in its entirety] Section 9. Section 1 of Rule 137-048-0320 Contract Amendments A Contracting Agency may amend any Contract if the Contracting Agency, in its sole discretion, determines that the amendment is within the scope of the Solicitation Document and that the amendment would not materially impact the field of competition for the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, or Land Surveying Services, or Related Services described in the final form of the original Procurement document. In making this determination, the Contracting Agency shall consider potential alternative methods of procuring the services contemplated under the proposed amendment. An amendment would not materially impact the field of competition for the services described in the Solicitation Document, if the Contracting Agency reasonably believes that the number of Proposers would not significantly increase if the Procurement document were re-issued to include the additional services. Amendments that increase the Contract Price are further limited as follows: Amendments are limited to 25% over the Solicitation threshold for direct appointments conducted pursuant to 137-048-0200, and 25% over the Solicitation Threshold for informal procurements conducted pursuant to 137-048-0210. Notwithstanding (1) of this Rule, the Purchasing Agent has discretion to approve amendments in excess of twenty-five percent (25%) of the original Contract Price and beyond the Solicitation threshold for direct appointment and informal procurements if it is determined that the amendment is required due to an unforeseen circumstance that could not be reasonably estimated for the original Contract and is in the Contracting Agency’s best interest. Section 10. Section 1 of Rule 137-049-0150 Emergency Contracts; Bidding and Bonding Exemptions Emergency Declaration. A Contracting Agency may declare that Emergency circumstances exist that require prompt execution of a Public Contract for Emergency construction or repair Work. The declaration shall be made per EC 2.1430(5), by a Written declaration that describes the circumstances creating the Emergency and the anticipated harm from failure to enter into an Emergency Contract. The Emergency declaration shall thereafter be kept on file as a public record. Section 11. Section 6 of Rule 137-049-0160 Intermediate Procurements; Competitive Quotes and Amendments Price Increases. Intermediate level Public Improvement Contracts obtained by competitive quotes may be increased above the original amount of Award by Contracting Agency issuance of a Change to the Work or Amendment, pursuant to Rule 137-049-0910, within the following limitations: a) Up to an aggregate Contract Price increase of 25% over the original Contract amount when a Contracting Agency's Solicitation Agent determines that a price increase is warranted for additional reasonably related Work, and; b) Up to an aggregate Contract Price increase of 50% over the original Contract amount, when a Contracting Agency's Solicitation Agent determines that a price increase is warranted for