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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 72
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<br />Photogrammetric Mapping, Transportation Planning, or Land Surveying Services, or
<br />Related Services; and
<br />D) Any other conditions or provisions the Contracting Agency believes to be in the
<br />Contracting Agency’s best interest to negotiate.
<br />f) The Contracting Agency shall, either orally or in writing, formally terminate negotiations
<br />with the highest ranked Proposer if the Contracting Agency and Proposer are unable for
<br />any reason to reach agreement on a Contract within a reasonable amount of time. The
<br />Contracting Agency may thereafter negotiate with the second ranked Proposer, and if
<br />necessary, with the third ranked Proposer, and so on if applicable, in accordance with
<br />section (4)(e) of this rule, until negotiations result in a Contract. If negotiations with any
<br />Proposer do not result in a Contract within a reasonable amount of time, the Contracting
<br />Agency may end the particular formal solicitation. Nothing in this rule precludes a
<br />Contracting Agency from proceeding with a new formal solicitation for the same
<br />Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, or Land
<br />Surveying Services, or Related Services described in the RFP that failed to result in a
<br />Contract.
<br />Related State Statutes: ORS 279A.065, 279C.110, 279C.527, OL 2015, 565 (HB 3303);
<br />DOJ 15-2019, amend filed 12/23/2019, effective 01/01/2020
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<br />137-048-0230. Ties Among Proposers
<br />1) If a Contracting Agency is selecting a Consultant on the basis of qualifications alone and
<br />determines after the ranking of Proposers that two or more Proposers are equally qualified,
<br />the Contracting Agency may select a candidate through any process that the Contracting
<br />Agency believes will result in the best value for the Contracting Agency taking into account
<br />the scope, complexity, and nature of the Architectural, Engineering, Photogrammetric
<br />Mapping, Transportation Planning, or Land Surveying Services. Provided, however, the tie
<br />breaking process established by the Contracting Agency under this section (1) cannot be
<br />based on the Consultant's pricing policies, pricing proposals, or other pricing information,
<br />including the number of hours proposed for the services required, expenses, hourly rates,
<br />and overhead. The process must be designed to instill public confidence through ethical and
<br />fair dealing, honesty, and good faith on the part of the Contracting Agency and Proposers
<br />and shall protect the integrity of the Public Contracting process. Once a tie is broken, the
<br />Contracting Agency and the selected Proposer shall proceed with negotiations under Rules
<br />137-048-0210(3) or 137-048-0220(4)(c), as applicable.
<br />2) If a Contracting Agency is selecting a Consultant on the basis of price alone, or on the basis
<br />of price and qualifications, and determines after the ranking of Proposers that two or more
<br />Proposers are identical in terms of price or are identical in terms of price and qualifications,
<br />then the Contracting Agency shall follow the procedure set forth in Rule 137-046-0300
<br />(Preferences for Oregon Goods and Services) to select the Consultant.
<br />Related State Statutes: ORS 279A.065, 279C.110, OL 2011 & ch 458
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<br />137-048-0240. Protest Procedures
<br />1) RFP Protest and Request for Change. Pursuant to ORS 279C.110(8) [HB 2769 (Oregon
<br />Laws 2019, Chapter 55)], Consultants may submit a written protest of anything contained in
<br />an RFP and may request a change to any provision, specification or Contract term
<br />contained in an RFP, no later than seven (7) calendar days prior to the date Proposals are
<br />due, unless a different deadline is indicated in the RFP. Each protest and request for
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