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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 76
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<br />Agreements, at the time the selection of a Consultant is made for the project-specific work
<br />order or task order.
<br />5) The State Contracting Agency shall thereafter begin Contract negotiations with the selected
<br />Architect, Engineer, Photogrammetrist, Transportation Planner, or Land Surveyor in
<br />accordance with the negotiation provisions in Rules 137-048-0200 (Direct Appointment
<br />Procedure), 137-048-0210 (Informal Selection Procedure) or 137-048-0220 (Formal
<br />Selection Procedure) as applicable.
<br />6) Nothing in these division 48 rules should be construed to deny or limit a Local Contracting
<br />Agency's ability to enter into a Contract directly with Architects, Engineers,
<br />Photogrammetrists, Transportation Planners, or Land Surveyors pursuant to ORS
<br />279C.125(4), through a selection process established by that Local Contracting Agency.
<br />Related State Statutes: ORS 279A.065, 279C.125, OL 2011 & ch. 458
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<br />137-048-0270. Price Agreements
<br />1) A Contracting Agency may establish Price Agreements for Architectural, Engineering,
<br />Photogrammetric Mapping, Transportation Planning, or Land Surveying Services, or Related
<br />Services, when the Contracting Agency cannot determine the precise quantities of those
<br />Services which the Contracting Agency will require over a specified time period.
<br />2) When establishing Price Agreements under this rule, a Contracting Agency shall select no
<br />fewer than three Consultants, when feasible. The selection procedures for establishing Price
<br />Agreements shall be in accordance with Rules 137-048-0130(1) or 137-048-0130(2), as
<br />applicable. Contracting Agency may select a single Consultant, when a Price Agreement is
<br />awarded to obtain services for a specific Project or a closely related group of Projects.
<br />3) In addition to any other applicable solicitation requirements set forth in these division 48
<br />rules, solicitation materials and the terms and conditions for a Price Agreement for
<br />Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, or Land
<br />Surveying Services, or Related Services must:
<br />a) Include a scope of services, menu of services, a specification for services, or a similar
<br />description of the nature, general scope, complexity, and purpose of the procurement
<br />that will reasonably enable a prospective bidder or Proposer to decide whether to submit
<br />a bid or proposal;
<br />b) Specify whether the Contracting Agency intends to award a Price Agreement to one
<br />Consultant or to multiple Consultants. If the Contracting Agency will award a Price
<br />Agreement to more than one Consultant, the solicitation document and Price Agreement
<br />shall describe the criteria and procedures the Contracting Agency will use to select a
<br />Consultant for each individual work order or task order. Subject to the requirements of
<br />ORS 279C.110, the criteria and procedures to assign work orders or task orders that
<br />only involve or predominantly involve Architectural, Engineering, Photogrammetric
<br />Mapping, Transportation Planning, or Land Surveying services are at the Contracting
<br />Agency's sole discretion; provided, however, in circumstances where a direct contract is
<br />not permitted under Rule 137-048-0200 and a State Contracting Agency is conducting
<br />the solicitation, the selection criteria cannot be based on pricing policies, pricing
<br />proposals, or other pricing information, including the number of hours proposed for the
<br />Services required, expenses, hourly rates, and overhead. In accordance with Rule 137-
<br />048-0130(2) applicable to Related Services procurements, the selection criteria and
<br />procedures may be based solely on the qualifications of the Consultants, solely on
<br />pricing information, or a combination of both qualifications and pricing information.
<br />Pricing information for a Contracting Agency’s solicitation of Architectural, Engineering,
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