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 51 administrative remedies before seeking judicial review of the Contracting Agency’s qualified products list decision. 2) Delivery. Unless otherwise stated in the Contracting Agency’s notice to prospective Offerors of the opportunity to submit Goods for inclusion on the qualified products list, a prospective Offeror must deliver a Written protest to the Contracting Agency within seven (7) Days after issuance of the Contracting Agency’s decision to exclude the prospective Offeror’s Goods from the qualified products list. 3) Content of Protest. The prospective Offeror’s protest shall be in Writing and must specify the grounds upon which the protest is based. 4) Contracting Agency Response. The Contracting Agency shall not consider a prospective Offeror’s qualified products list protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Contracting Agency’s notice to prospective Offerors of the opportunity to submit Goods for inclusion on the qualified products list. The Contracting Agency shall issue a Written disposition of the protest in a timely manner. If the Contracting Agency upholds the protest, it shall include the successful protestor’s Goods on the qualified products list. 5) Judicial Review. Judicial review of the Contracting Agency’s decision relating to a qualified products list protest shall be in accordance with ORS 279B.420. Related State Statutes: ORS 279A.065 & 279B.115 137-047-0750. Judicial Review of Other Violations Any violation of ORS chapter 279A or 279B by a Contracting Agency for which no judicial remedy is otherwise provided in the Public Contracting Code is subject to judicial review as set forth in 279B.420. Related State Statutes: ORS 279A.065 & 279B.420 137-047-0760. Review of Prequalification and Debarment Decisions Review of the Contracting Agency’s prequalification and Debarment decisions shall be as set forth in ORS 279B.425. Related State Statutes: ORS 279B.425 137-047-0800. Amendments to Contract Amendments and Price Agreements Generally. A Contracting Agency may amend a Contract without additional competition in any of the following circumstances: a) The amendment is within the scope of the Procurement as described in the Solicitation Documents, if any, or if no Solicitation Documents, as described in the sole source notice or the approved Special Procurement, if any. An amendment is not within the scope of the Procurement if the Agency determines that if it had described in the Procurement the changes to be made by the amendment, it would likely have increased competition or affected award of the Contract. b) These Model Rules otherwise permit the Contracting Agency to Award a Contract without competition for the goods or services to be procured under the Amendment. c) The amendment is necessary to comply with a change in law that affects performance of the Contract.