2008-75-Order No. 2008-015 Recorded 2/14/2008REVI ED DESCHUTES COUNTY OFFICIAL RECORDS r} ~p0~~~e
NANCY BLANKENSHIP, COUNTY CLERK 1iJ J
COMMISSIONERS' JOURNAL pZ~14/Z008 1Z;Z5;Z3 PM
EGAL COUNSEL 1111JI I I IIIIIillllllll II
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ACTING AS THE LOCAL CONTRACT REVIEW BOARD
An Order Rejecting All Proposals and Authorizing
Reissuance of a Request for Proposals for * ORDER NO. 2008-015
Household Hazardous Waste Service
WHEREAS, the County has adopted the Oregon Attorney General's Model Public Contracting Rules
(Model Rules), as currently set forth in OAR 137, divisions 46, 47, 48 and 49; and
WHEREAS, the Model Rules specify a protest period of 7-days after a notice of intent to award; and
WHEREAS, the County issued a request for proposals (RFP) to provide treatment of household
hazardous waste received at the County landfill, such solicitation setting forth requirements and selection
criteria; and
WHEREAS, the County determined that of the two proposals submitted, the proposal by Clean Harbors
Environmental Services (Clean Harbors) was better than Phillips Services Corporation (PSC) and thus on
December 17 awarded a contract to Clean Harbors; and
WHEREAS, the notice of intent to award used in connection with this RFP advised the proposers that
protests to the award needed to be received within seven days or December 24, despite an inconsistent County
Code provisions specifying a 3-day protest period; and
WHEREAS, PSC submitted a written protest of the award on December 24, which was later than the
County Code-specified 3-day period, but within the 7-day protest period announced as part of the notice of
intent to award (based upon the Model Rules); and
WHEREAS, the PSC protest was based upon (and County staff has confirmed) a mistake that had been
made in calculating the price comparisons of the two proposals and that in the absence of such mistake, PSC
would have been determined to be the better proposal; and
WHEREAS, the Board, acting in its capacity as the Local Contract Review Board, and based upon
advice of staff finds and determines that it is in public interest to intervene in this solicitation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ACTING
IN ITS CAPACITY AS THE LOCAL CONTRACT REVIEW BOARD HEREBY FINDS CONCLUDES AND
ORDERS as follows:
Section 1. The Board finds that there was material error in the procurement process. The mistaken
calculations of price components as part of the comparison of the two proposers appears to have significantly
affected the evaluation and ultimate award of the contract. Based upon the price comparison used in evaluating
the two proposals, it appears that Clean Harbors prices were significantly higher (not lower) than PSC's prices.
The County also gave conflicting information relative to the appropriate timeframe for lodging a protest. These
errors appear to have been inadvertent. However, such errors threaten the integrity of this procurement process
and could result in the taxpayers paying significantly more for household hazardous waste service.
PAGE 1 OF 2- ORDER No. 2008-015 (02/13/2008)
PSC filed a protest later than three days after the contract award, but within the timeframe mistakenly
set forth in the notice of intent to award. PSC's protest correctly identified the price comparison miscalculation.
The contract award to Clean Harbors appears to be legally vulnerable. The Board finds that under these
circumstances it is in the public interest to reject all proposals.
Section 2. Pursuant to the OAR 137-047-0650 and based upon the findings set forth in Section 1, the
Board hereby rejects all proposals submitted in response to the RFP for Household Hazardous Waste.
Section 3. The Purchasing Agent is authorized to reissue the RFP for Household Hazardous Waste
processing service.
DATED this ~day of 2008.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DE IS R. LUKE, Chair
(h, t
TAMMY (BANEY) MELTON, Commissioner
M CH EL ACV, 7issioner
PAGE 2 OF 2- ORDER No. 2008-015 (02/13/2008)