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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 74
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<br />Procedure (Rule 137-048-0220), or reject all Proposals, responses to RFQus, responses to
<br />other preliminary Procurement documents, or any combination of the foregoing, if the
<br />Contracting Agency believes it is in the public interest to do so. In the event of any such
<br />cancellation, delay, suspension, or rejection, the Contracting Agency is not liable to any
<br />Proposer for any loss or expense caused by or resulting from any such cancellation, delay,
<br />suspension, or rejection. Consultants responding to either solicitations, RFQus or other
<br />preliminary Procurement documents are responsible for all costs they may incur in connection
<br />with submitting Proposals, responses to RFQus, or responses to other preliminary Procurement
<br />documents.
<br />Related State Statutes: ORS 279A.065 & 279C.110
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<br />137-048-0260. Two-Tiered Selection Procedure for Contracting Agency
<br />Public Improvement Projects
<br />1) If a Contracting Agency requires an Architect, Engineer, Photogrammetrist, Transportation
<br />Planner or Land Surveyor to perform Architectural, Engineering, Photogrammetric Mapping,
<br />Transportation Planning, or Land Surveying, Services or Related Services for a public
<br />improvement owned and maintained by that Local Contracting Agency, and a State Agency
<br />will serve as the lead Contracting Agency and will enter into Contracts with Architects,
<br />Photogrammetrists, Transportation Planners, Engineers or Land Surveyors for Architectural,
<br />Engineering, Photogrammetric Mapping, Transportation Planning, or Land Surveying
<br />Services or Related Services for that public improvement, the State Contracting Agency
<br />shall utilize the two-tiered selection process described below to obtain these Contracts with
<br />Architects, Engineers, Photogrammetrists, Transportation Planners, or Land Surveyors.
<br />2) Tier One. A State Contracting Agency shall, when feasible, identify no fewer than the three
<br />(3) most qualified Proposers responding to an RFP that was issued under the applicable
<br />selection procedures described in Rules 137-048-0210 (Informal Selection Procedure) and
<br />137-048-0220 (Formal Selection Procedure), or from among Architects, Engineers,
<br />Photogrammetrists, Transportation Planners, or Land Surveyors identified under 137-048-
<br />0200 (Direct Appointment Procedure), and shall notify the Local Contracting Agency of the
<br />Architects, Engineers, Photogrammetrists, Transportation Planners, or Land Surveyors
<br />selected.
<br />3) Tier Two. In accordance with the qualifications-based selection requirements of ORS
<br />279C.110, the Local Contracting Agency shall either:
<br />a) Select an Architect, Engineer, Photogrammetrist, Transportation Planner, or Land
<br />Surveyor from the State Contracting Agency's list of Proposers to perform the
<br />Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, or Land
<br />Surveying, Services or Related Services for the Contracting Agency's public
<br />improvement; or
<br />b) Select an Architect, Engineer, Photogrammetrist, Transportation Planner, or Land
<br />Surveyor to perform the Architectural, Engineering, Photogrammetric Mapping,
<br />Transportation Planning, or Land Surveying, Services or Related Services for Local
<br />Contracting Agency's public improvement through an alternative process adopted by the
<br />Local Contracting Agency, consistent with the provisions of the applicable RFP, if any,
<br />and these division 48 rules. The Local Contracting Agency's alternative process must be
<br />described in the applicable RFP, may be structured to take into account the unique
<br />circumstances of the particular Local Contracting Agency and may include provisions to
<br />allow the Local Contracting Agency to perform its tier two responsibilities efficiently and
<br />economically, alone or in cooperation with other Local Contracting Agencies. The Local
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