2010-2740-Order No. 2010-040 Recorded 7/12/2010REVIE D
L GAL COUNSEL
COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS Q 20104%
COMMISSIONERS' JOURNAL ,
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Denying a Protest of an Award of a
Proposed Biomass Contract ORDER NO. 2010-040
RECITALS
The Deschutes County Forester on May 24, 2010, issued a Request for Proposals (RFP) for a
qualified pool of contractors to provide tub/horizontal grinding and transportation of biomass material.
Proposals were required no later than June 3, 2010. Proposals were received from six contractors
and the County Forester evaluated those contractors and recommended that the contract be awarded
to T2 and that alternate or backup services be provided by Quicksilver. The forester issued a
proposed award on June 11, 2010. One of the proposers, Fagen Trees and Chips, filed a protest on
June 18, 2010.
The Board , in its capacity as the Deschutes County Contract Review Board scheduled and
conducted a hearing on June 30, 2010. Mr. Fagen appeared on his own behalf and presented
reasons for his protest. The Board received a copy of the RFP, the proposals that were submitted, a
memo dated "June 11, 2010," and prepared by the County Forester, which analyzed the proposals
and recommended award to T2 and Quicksilver. The Board also received a memo from the County
Forester, dated June 22, 2010, which addresses the reasons given by Mr. Fagen for his protest. The
Board hereby adopts the forester's June 22, 2010 Memo as Board's Findings of Fact in support of its
decision.
The Deschutes County Code, Chapter 2.37.140 contains the procedures for contested cases.
Paragraph (3) of that section provides, in part, that protest proceedings will be conducted in
accordance with ORS 279B.400 to 279B.425. ORS 2796.410 provides the standards under which a
proposal protest is reviewed. The protest submitted by Mr. Fagen was reduced to writing, and further
specified the grounds for the protest, as required by ORS 279B.410(2). The Fagen protest, however,
failed to identify any basis on which the Board could set aside the proposed award.
The reasons given by Mr. Fagen during his oral presentation in support of his protest did not
address the applicable criteria set forth in ORS 2796.410. Instead, Mr. Fagen criticized the criteria
used by the County Forester in evaluating the proposals. One of the principal purposes of the product
of the grinding activity was the creation of biomass material for energy production. The Fagen
proposal would instead have utilized the ground material to create mulch. The RFP, in this case, was
issued based upon a grant received from the Oregon Department of Forestry, which stipulated that
the purpose of the funding associated with collecting woody biomass was both the thinning of
overstocked forestry stands and the processing of the resulting material for energy production. Mr.
Fagen also asserted that his proposal was superior to others, because the resulting product and
anticipated retail sales would remain in Deschutes County, which, again, does not represent a
sufficient reason to uphold the protest.
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
orders as follows:
Page 1 of 2 ORDER 2010-040
Section 1. The Board adopts the Recitals set forth in this Order as its Findings of Fact and
conclusions in support of its decision. The Fagen protest failed to specify and establish sufficient
grounds to support the protest.
Section 2. There is no basis under ORS 279B.410 on which the Board may uphold the
protest.
Section 3 . The proposed award of the grinding contract to T2 and Quicksilver is hereby
approved.
Dated this 7th of July, 2010
ATTEST:
Recording Secretary
BOARD OUNTY COMMISSIONERS
DEN IS R. LUK , C AIR
A GER, VICE-CHAIR
n~
TAMMY BAN-EY, COMMISSIONER
Page 2 of 2 ORDER 2010-040