2005-713-Order No. 2005-031 Recorded 5/16/2005DESCHUTES COUNTY OFFICIAL RECORDS
REVIEWED
LEGAL COUNSEL
NANCY BLANKENSHIP, COUNTY CLERK W 20058113
COMMISSIONERS' JOURNAL 05/16/2005 02;50;04 PM
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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 Mailing Services
ORDER NO. 2005-031
WHEREAS, the Community Development Department first solicited proposals for mailing
services on March 31, 2005; and
WHEREAS, only two firms, Bend Mailing and Moonlight Mailing, submitted timely proposals;
and
WHEREAS, staff noted that the proposal submitted by Moonlight Mailing was non-responsive
in that it failed to include prices quotations for contract years two and three; and
WHEREAS, the county staff on April 15 issued a notice of intent to award the contract to Bend
Mailing, rejecting as non-responsive the proposal submitted by Moonlight Mailing and included a 7-
day timeframe in which to file a protest; and
WHEREAS, Moonlight Mailing filed a timely protest of the proposed award and the Board
conducted a hearing on the protest on May 11, at which Moonlight Mailing failed to appear and testify;
and
WHEREAS, Moonlight Mailing's protest asserted that it had included as an addendum a
statement indicating there would no change in its prices in contract years two and three; and
WHEREAS, at the conclusion of the hearing the Board made the following findings of fact and
conclusions:
1. The proposal submitted by Bend Mailing was responsive to the solicitation in all respects.
2. County staff testified that contrary to the written protest, Moonlight Mailing' proposal failed
to include price quotations for contract years two and three and was therefore non-responsive.
3. The State Public Contracting Code, ORS 279B.410 requires that a contract protest must
specify and establish that the protesting proposer is adversely affected in that they would be eligible to
be awarded the contract (if the protest were successful) and one of four additional legal grounds.
Since the bid submitted by Moonlight Mailing was the only other bid, it can be considered an
adversely affected party. However, Moonlight Mailing's protest does not identify the particular grounds
for its protest, as required by the statute. The closest possible justification is 279B.410(1)(b)(C): "The
contracting agency has abused its discretion in rejecting the protestor's bid or proposal as non-
responsive."
4. Based upon the unrebutted testimony furnished by county staff that Moonlight Mailing failed
to include the requisite price quotes for contract years two and three, the Board finds that staff did not
abuse its discretion in rejecting as non-responsive the proposal submitted by Moonlight Mailing.
PAGE 1 OF 2 ORDER NO. 2005-031
5. The Board finds that Moonlight Mailing failed to establish a basis no which the Board should
award them the contract.
NOW, THEREFORE:
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. For the reasons stated in the recitals the failure of Moonlight Mailing. to specify and
establish sufficient grounds to support the protest, leads the Board to reject the protest.
Section 2. County staff did not abuse its discretion in rejecting the proposal submitted by Moonlight
Mailing as non-responsive.
Section 3. The proposed award of the contract to Bend Mailing by the Community Development
Department is hereby approved.
DATED this 11th day of May 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
NN15 K. LUKt, c;ommissloner
PAGE 2 OF 2 ORDER NO. 2005-031
TOM DEWOILF6 Qliair