2025-42-Resolution No. 2025-003 Recorded 2/11/2025REVIEWE
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LEGAL COUNSEL
Recorded in Deschutes County CJ2025-42
Steve Dennison; County Clerk
Commissioners' Journal 02/11 /2025 9:27:34 ArA
n i ,
2025-42
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring a Sole Source
Procurement for supplying landfill gas flaring * RESOLUTION NO. 2025-003
equipment and startup services with Parnel
Biogas Inc.
WHEREAS, ORS 279A and applicable contracting rules in Deschutes County Code generally require that
contracts for public improvements be let to the lowest bidder; and
WHEREAS, Deschutes County has adopted the Model Rules of Public Contracting, including applicable
provisions in OAR 137; and
WHEREAS, the Board of County Commissioners is designated as Deschutes County's Local Public
Contract Review Board; and
WHEREAS, OAR 137-047-0275 authorizes the Local Public Contract Review Board to award a contract
for goods or services without competition when it determines in writing that the goods or services, or class of
goods or services, are available from only one source; and
WHEREAS, based on the findings in Exhibit A, attached and incorporated by reference, the Local Public
Contract Review Board finds that the goods/services for supplying landfill gas flaring equipment and startup
services is available in Oregon only from Parnel Biogas Inc.; and
WHEREAS, pursuant to OAR 137-047-0275, public notice of intent to award sole source contract was
published on the County website on 12/19/2024 through 12/26/2024 (Sole Source Public Notice as Exhibit B) and
The Bend Bulletin on 1/9/2025 through 1/16/2025 (Sole Source Public Notice Exhibit C) no protests have been
received; and
WHEREAS, because only one source is available within Oregon to provide the necessary goods/services,
the Board of County Commissioners intends to award the contract; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, acting in its capacity as the Local Public Contracting Review Board, as follows:
PAGE 1 of 1 —RESOLUTION NO.2025-003
Section 1. The Board adopts the findings in Exhibit A and authorizes awarding of the sole source contract
to Parnel Biogas Inc.
Section 2. Effective Date. This Resolution shall be effective upon adoption.
Dated this - of 2025
ATTEST: ^
Recording Secretary
PAGE 2 OF 1— RESOLUTION NO.2025-003
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
PATTI-ADAIR, Vice Chair
PHIL CHANG, Commissioner
DETERMINATION THAT PARNEL BIOGAS INC. IS THE SOLE SOURCE FOR
KNOTT LANDFILL ENCLOSED FLARE
ORS 279B.075 allows Deschutes County to award a contract without a
competitive process when the goods are available from only one source. This
document provides findings to support the conclusion that the County can
contract with Parnell Biogas Inc. for supplying landfill gas flaring equipment
and startup services for the Knott Landfill Enclosed Flare.
Findings
1. Adding additional landfill gas flaring equipment to the existing open
flare skid and blower assemblies
2. [Check one:]
®The efficient utilization of existing goods requires the acquisition of
compatible goods or services. Retain and reuse existing open flare
components to convert to an enclosed flare. ORS 279B.055(4) 2. Is
reasonably expected to result in substantial cost savings to the county or
to the public, or otherwise substantially promote the public interest in a
manner that could not practicably be realized by complying with
requirements that are applicable under ORS 279B.055, 279B.060,
279B.065 or 279B.070.
❑The goods or services required for the exchange of software or data
with other public or private agencies are available from only one source.
❑The goods or services are for use in a pilot or an experimental project.
[describe pilot or experiment and length of project].
❑The goods or services are available from only one source. [describe
efforts to locate additional vendors]
3. The sole source was advertised on the County's website on 12/19/24-
12/26/24 and in The Bend Bulletin on 1/9/25-1/16/25 and was not contacted
by any other contractor interested in providing these services.
4. The County is not aware of any other contractor able to provide the services
required.
5. Parnell Biogas Inc. therefore is the sole source to provide landfill gas flaring
equipment and startup services for the County.
These findings support t4he conch !�,icx,, that the County can contract with Parnell
Biogas Inc. as sole source: provid .r of Knott Landfill Enclosed Flare.
[Include if taken to BOO] Adopted by the Board of County Commissioners
acting as the Local Contract Review Board on 2- GS--
Form approved via Tyler ERP workflow.
PUBLIC NOTICE
Notice of Intent to Award Sole Source Contract
Deschutes County intends to enter into an agreement for goods and services which has been
determined to qualify as a "Sole Source" purchase made in accordance with ORS 279B, OAR 137-0710
and DCC 2.37. The purpose of this Notice of Intent to Award is to publicly announce the County's intent
to award a sole source contract for supplying landfill gas flaring equipment and startup services. The
proposal price is: $428,240.15.
Any Contractor who does not agree that the specified goods and services is available only from Parnel
Biogas, Inc. the only flare supply company qualified to supply components to convert the existing open
flare to an enclosed flare - determined to be the sole source - may protest the Notice of Intent to
Award by contacting the Deschutes County Board of Commissioners at 1300 NW Wall Street, Bend, OR
97703, within seven (7) days after the publication date of this Notice. Your protest must be in writing
and describe the basis for the protest.
R�C���rE® .iAN 2 i 201�
Affidavit of Publication
STATE OF OREGON, COUNTY OF DESCHUTES EXHIBIT C
1, Julius Black, a citizen of the United State and a resident of the county aforesaid; I am over the age of
eighteen years, and not part to or interested in the above -entitled matter. I am the principal clerk of the
printer of
The Bulleda
P.O. BOX 6020, BEND, OR 97708
a daily newspaper of general circulation, published in the aforesaid county and state as
defined by ORS 192.010 and ORS 192.020, that
Acct Name: DESCHUTES COUNTY SOLID WASTE
PO Number:
Legal Description: PUBLIC NOTICE NOTICE OF INTENT TO AWARD SOLE SOURCE
CONTRACT DESCHUTES COUNTY INTENDS TO ENTER INTO AN AGREEMENT FOR GOOD
AND SERVICES WHICH HAS BEEN DETERMINED TO QUALIFY AS A"SOLE SOURCE"
PURCHASE
a printed copy of which is hereto affixed was published in each regular and entire issue
of the said newspaper and not in any supplement thereof on the following dates to wit:
1 /09/25, 1 /10/25,1112/25, 1 /14/25, 1 /15/25, 1 /16/25
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Id
Signature
Dated at Bend, Oregon, this 16th day of January, 2025
AdName: 465120
State of Oregon, County of Deschutes
Subscribed and Sworn to before me this jtmv day of _ AIg 201 by
Notary Public for Oregon
11tdDA �CIALSTAMP
ESTON
NARY P(1BLI�C.OREGON
COA,iMISSION NO. tO46f}gf
MY COfVtMiSSIpIV EXPIRES APRit 2 2028
No.
in the Court of the
STATE OF OREGON LINDA ILEA P'SRTAMP
ESTON
for the ! NOTARY PUBLIC-ORE:GON
COUNTY OF DESCHUTES COMMISSION NO. to46941
MYCOMMISSION EXPIRESAPRIL2, 2028
AFFIDAVIT OF PUBLICATION
Filed.
By
From the office of
Attorney for
PUBLIC NOTICE
Notice of Intent to Award Sole
Source Contract
Deschutes County intends to
enter into an agreement for good
and services which has been
determined to qualify as a "Sole
Source" purchase made in
accordance with ORS 279B,
OAR 137-0710 and DCC 2.37.
The purpose of this Notice of
Intent to Award Is to publicly
announce the County's intent to
award a sole source contract for
supplying landfill gas flaring
equipment and startup services.
The proposal price is:
$428,240.16.
Any Contractor who does not
agree that the specified goods
and services is available only
from Parnel Biogas, Inc. the only
flare supply company qualified to
supply components to convert the
existing open flare to an
enclosed flare - determined to be
the sole source - may protest the
Notice of Intent to Award by
contacting the Deschutes County
Board of Commissioners at 1300
NW Wall Street, Bend, OR
97703, within seven (7) days after
the publication date of this Notice.
Your protest must be In writing
and describe the basis for the
protest.
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Any Contractor who does °not
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agree that the specified foods
and services ' is : available only
from Parnel Biogas, Inc. the Drily
flare supply company qualified to
supply components to cor>vert the
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ewsting open ;, flare to an
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enclosed flare - determined to be
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the sole source - may protest the
Notice of Intent to Award byare
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contacting the Deschutes County
t.2, 2028
Board of Commissioners at 1300
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6
BOARD OF
COMMISSIONERS
MEETING DATE: February 5, 2025
SUBJECT: Award of agreement with Parnel Biogas Inc. for sole source procurement of
landfill gas flaring equipment and startup services
RECOMMENDED MOTION:
1) Move approval of Resolution 2025-003 for the sole source procurement of supplying
landfill gas flaring equipment and startup services with Parnel Biogas Inc.
2) Move approval of Document No. 2024-950, a contract with Parnel Biogas Inc. for
landfill gas flare equipment and startup services.
BACKGROUND AND POLICY IMPLICATIONS:
In October 2021, the Oregon Department of Environmental Quality (DEQ) adopted OAR
340-239 relating to landfill gas emissions. This rule outlines additional requirements for
monitoring landfill gas (methane) through Surface Emissions Monitoring (SEM) to quantify
concentrations of methane on landfills. The rule also outlines testing parameters for both
open and enclosed flares for mandatory gas collection and control systems (GCCS).
Because the Knott Landfill GCCS is currently operated as a voluntary system to control the
movement of gas from the property to neighboring properties, it is exempt from the
required source testing of the flares.
In December of 2023, the County's Department of Solid Waste received the Title V Permit
No. 09-0040TV-01 renewal from DEQ. Language in the renewed permit requires the use of
either an enclosed flare that can be source tested through specific standards as defined in
the permit, or an open flare that can be tested through the same method regardless of the
GCCS being a voluntary system. The existing open flare was not designed to be source
tested using the method options specified in the renewed permit. The current open flare is
approximately eight years old and was built by Parnel Biogas Inc. Some features of the
flare —including the skid, blowers and blower motors —are reusable.
Sole sourcing with Parnel Biogas Inc. to reuse compatible components from the existing
flare will result in an estimated savings to the County between $175,000-$325,000 based on
an evaluation conducted by Jacobs Engineering of what a new flare may cost. It is
anticipated that the flare will operate only as a back up to the RNG facility with a yearly run
time of 262 to 438 hours, or three to five percent of the main facility.
This services agreement is for the purchase of enclosed flare components and startup
services for the completed enclosed flare.
BUDGET IMPACTS:
The total amount of the contract is $428,240.15. Funds have been budgeted in the Solid
Waste FY25 Capital Project 613 fund for a landfill gas flare.
ATTENDANCE:
Tim Brownell, Director of Solid Waste