2005-688-Order No. 2005-029 Recorded 5/9/2005DESCHUTES COUNTY OFFICIAL RECORDS U ~ VJ~O~~~"QC
p REVIEVD NANCY BLANKENSHIP, COUNTY CLERK N HYG
COMMISSIONERS' JOURNAL 05/09/2005 04;20;05 PM
LEGAL OUNSEL II IIIIIIIIIIIIIIIIIIIIIIIIIIII
2 05-688
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Denying a Proposal Award Protest
and Awarding a Contract for Engineering ORDER NO. 2005-029
Services
WHEREAS, the Solid Waste Department first advertised for proposals for general engineering
services on February 6, 2005; and
WHEREAS, five different firms, including URS Corporation and Kleinfelder, Inc. submitted
timely proposals; and
WHEREAS, a selection committee reviewed all five proposals and ranked URS Corporation
first and Kleinfelder second; and
WHEREAS, the Board authorized county staff to issue a notice of intent to award the contract
to URS Corporation, which was issued on March 29, 2005 and included a 14-day timeframe in which
to file protests; and
WHEREAS, Kleinfelder, Inc. filed a timely protest of the proposed award and the Board
conducted a hearing on the protest on May 4, at which representatives of Kleinfelder, Inc. and URS
Corp. appeared and testified; and
WHEREAS, at the conclusion of the hearing the Board made the following findings of fact and
conclusions:
1. The proposal submitted by URS Corporation was responsive to the solicitation in all
respects.
2. The proposal submitted by URS Corporation was ranked first by the review committee.
3. URS Corporation is a responsible engineering firm.
4. The protest submitted by Kleinfelder, Inc. acknowledged that both Kleinfelder, Inc. and
URS Corporation were acceptable consultants, but not that Kleinfelder, Inc. was superior.
5. Kleinfelder, Inc. neither asserted nor offered evidence to demonstrate that URS
Corporation's proposal was nonresponsive or that URS Corporation was not a responsible proposer.
6. The County Code in effect at the time of this solicitation, DCC 2.36.140 incorporated by
reference the Attorney General's Model Rules, specifically OAR 137-035-0070(2), requires a
consultant who wishes to protest an award to establish that they are adversely affected or aggrieved,
and that the protester was therefore the highest ranked consultant eligible for selection.
7. The Board finds that Kleinfelder, Inc. failed to establish they are adversely affected or
aggrieved, according to the applicable legal standard. NOW THEREFORE:
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
PAGE 1 of 2- ORDER No. 2004-029 (05/09/05)
Section 1. For the reasons stated in the recitals to this order the failure of Kleinfelder, Inc. to assert
and establish that the proposal submitted by URS Corporation was nonresponsive to the solicitation
or that URS Corporation is not a responsible proposer, leads the Board to conclude that Kleinfelder,
Inc. was not the highest ranked consultant and was not adversely affected or aggrieved.
Section 2. The bid protest submitted by Kleinfelder Inc. is denied.
Section 3. The proposed award of the contract to URS Corporation by the Department of Solid Waste
is hereby approved.
DATED this 9th day of May, 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
PAGE 2 OF 2- ORDER No. 2004-029 (05/09/05)
NIS R. LUKE, o issioner