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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 57
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<br />c) In the limited circumstances permitted by ORS 279C.110, 279C.115, and 279C.120,
<br />where the Contracting Agency is conducting discussions or negotiations with Proposers
<br />who submit Proposals that the Contracting Agency has determined to be closely
<br />competitive or to have a reasonable chance of being selected for award, the
<br />Contracting Agency may open Proposals so as to avoid disclosure of Proposal contents
<br />to competing Proposers, consistent with the requirements of ORS 279C.107. Otherwise,
<br />Contracting Agency may open Proposals in such a way as to avoid disclosure of the
<br />contents until after the Contracting Agency executes a Contract with the selected
<br />Consultant. If the Contracting Agency determines that it is in the best interest of the
<br />Contracting Agency to do so, the Contracting Agency may make Proposals available for
<br />public inspection following the Contracting Agency's issuance of a notice of intent to
<br />award a Contract to a Consultant; and
<br />d) Disclosure of proposals and proposal information is otherwise governed by ORS
<br />279C.107
<br />8) As required by ORS 279C.307, pertaining to requirements to ensure the objectivity and
<br />independence of providers of certain Personal Services which are procured under ORS
<br />chapter 279C, Contracting Agency may not:
<br />a) Procure the Personal Services identified in ORS 279C.307 from a Contractor or an
<br />affiliate of a Contractor who is a party to the Public Contract that is subject to
<br />administration, management, monitoring, inspection, evaluation, or oversight by means
<br />of the Personal Services; or
<br />b) Procure the Personal Services identified in ORS 279C.307 through the Public Contract
<br />that is subject to administration, management, monitoring, inspection, evaluation, or
<br />oversight by means of the Personal Services.
<br />9) The requirements of ORS 279C.307 and Section (7) of this rule apply in the following
<br />circumstances, except as provided in Section (9) of this rule:
<br />a) A Contracting Agency requires the Procurement of Personal Services for the purpose of
<br />administering, managing, monitoring, inspecting, evaluating compliance with or
<br />otherwise overseeing a Public Contract or performance under a Public Contract that is
<br />subject to ORS chapter 279C. A Public Contract that is "subject to ORS chapter 279C"
<br />includes a Public Contract for Architectural, Engineering, Photogrammetric Mapping,
<br />Transportation Planning or Land Surveying Services, a Public Contract for Related
<br />Services, or a Public Contract for construction services under ORS chapter 279C.
<br />b) The Procurements of Personal Services subject to the restrictions of ORS 279C.307
<br />include, but are not limited to, the following:
<br />A) Procurements for Architectural, Engineering, Photogrammetric Mapping,
<br />Transportation Planning, or Land Surveying Services which involve overseeing or
<br />monitoring the performance of a construction Contractor under a Public Contract for
<br />construction services subject to ORS chapter 279C;
<br />B) Procurements for commissioning services, which involve monitoring, inspecting,
<br />evaluating or otherwise overseeing the performance of a Contractor providing
<br />Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, or
<br />Land Surveying Services or the performance of a construction Contractor under a
<br />Public Contract for construction services subject to ORS chapter 279C;
<br />C) Procurements for project management services, which involve administration,
<br />management, monitoring, inspecting, evaluating compliance with or otherwise
<br />overseeing the performance of a Contractor providing Architectural, Engineering,
<br />Photogrammetric Mapping, Transportation Planning, or Land Surveying Services,
<br />construction services subject to ORS chapter 279C, commissioning services, or
<br />other Related Services for a Project;
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