2008-755-Order No. 2008-075 Recorded 7/28/2008' DESCHUTES COUNTY OFFICIAL RECORDS CJ ~~08YQ~f~~
*LGA IE D NANCY BLANKENSHIP, COUNTY CLERK y
COMMISSIONERS' JOURNAL 07/28/2008 11;20;43 AM
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2008-755
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Denying a Protest of a Bid Award
and Awarding a Contract for the Deschutes ORDER NO. 2008-075
County Jail Electronic Security Systems
Upgrade
WHEREAS, the Deschutes County Property & Facilities Department first issued an Invitation
to Bid for the adult jail electronic security systems upgrade on June 16, 2008; and
WHEREAS, timely bids were received from the three firms of Simplex Grinnell, Justice
Systems Corporation, and Electronic Control Systems; and
WHEREAS, Simplex Grinnell was apparent low bidder, however, after a determination that its
bid was nonresponsive, the County on July 9, 2008 issued a Notice of Intent to Award Contract to
Justice Systems Corporation; and
WHEREAS, the Notice of Intent to Award Contract included a 7-day period in which to file
protests; and
WHEREAS, Simplex Grinnell filed a timely protest of the proposed award and the Board
conducted a hearing on the protest on July 23, 2008, at which representatives of Simplex Grinnell
appeared and testified; and
WHEREAS, at the conclusion of the hearing the Board made the following findings of fact and
conclusions:
Simplex Grinnell's bid was determined nonresponsive for the following reasons:
1. The bid package included both the bid and the subcontractor disclosure form inside a single envelope
rather than in separate envelopes as required by the bid instructions.
2. The bid failed to include the unit pricing spreadsheet or any unit pricing information, as required by
Section 28 00 00, 1.15, of the specifications manual.
3. The bid failed to include the three addenda as required by Addendum C.
4. The bid as it pertains to Alternate #1 (replace B/W cameras with Color) did not include a price for this
Alternate work, but instead included a "time and materials" proposal with respect to some elements. As
such, it required County's acceptance of terms and conditions that differed from the solicitation document.
5. While the Board acknowledges it has authority to waive minor irregularities, only items 1 and 3 above
qualify as such. The Board believes that it would not be in the best interest of the County in this case to
cancel the solicitation and readvertise. Items 2 and 4 above are substantial deviations from the solicitation
document and require disqualification.
6. The Board accepts the statement provided by staff in the Agenda Request.
PAGE 1 OF 2- ORDER No. 2008-075
NOW THEREFORE:
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. For the reasons stated in the recitals and Agenda Request to this order, Simplex Grinnell's
bid was not responsive.
Section 2. The bid protest submitted by Simplex Grinnell is denied.
Section 3. The proposed award of the contract to Justice Systems Corporation is hereby approved.
DATED this 23rd day of July, 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
TAMMY (BAN5*fMEL(rONNVice Chair
r
Recording Secretary
U M. DALY, 06mmissioner
PAGE 2 OF 2- ORDER No. 2008-075