HomeMy WebLinkAboutDoc 332 - Intent - Household Haz Waste Mgmt1
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
j (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 16, 2014
DATE: Date the agenda item is submitted.
FROM: Timm Schimke Solid Waste x3177
TITLE OF AGENDA ITEM:
Notice of Intent to award a services contract for the Household and Conditionally Exempt Generator
Hazardous Waste Management Program.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In April 2014, the Solid Waste Department solicited proposals for the operation of the Household
Hazardous Waste (HHW) program at the Knott Landfill Recycling and Transfer Facility. The scope of
work involves overall HHW facility operation including staffing and the packaging, transportation and
management ofthe hazardous wastes received at the facility. The facility will accept hazardous waste
from household generators and businesses that are regulated as Conditionally Exempt Small Quantity
Generators (businesses that generate small quantities of hazardous waste). The scope also includes the
operation of two one-day mobile collections events in Sisters and La Pine during the summer of 2014
Proposals were received from two firms. Both firms were well qualified and experienced in the
operation and management ofHHW facilities. Clean Harbors Environmental Services Inc. rates for
facility operation and waste management were determined to be lower and, consequently Clean Harbors
is being recommended for award of the contract
FISCAL IMPLICATIONS:
Funds have been budgeted in the Solid Waste Department budget for this project.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board of County Commissioners issue an notice of intent to award the
Household and Conditionally Exempt Generator Hazardous Waste Management Program services
contract to Clean Harbors Environmental Services, Inc.
ATTENDANCE: Timm Schimke
DISTRIBUTION OF DOCUMENTS:
Fax and first class mail documents to the proposers listed on the attachment.
Board of Cou Commissioners
P.O. Box 6005 • Bend, OR 97708-6005
1300 NW Wall St, Suite 206 • Bend, OR 97701-1960
(541) 388-6570· Fax (541) 385-3202
www.deschutes.org
board@deschutes.org
Tammy Baney
Anthony DeBone June 16, 2014 Alan Unger
Sent via facsimile and/or e-mail (5 pgs) & First Class Mail
RE: Project -Household and Conditionally Exempt Generator Hazardous
Waste Management Program
NOTICE OF INTENT TO AWARD CONTRACT
On Monday, June 16, 2014, the Board of County Commissioners of
Deschutes County, Oregon, considered proposals for the above-referenced
project. The Board of County Commissioners determined that the
successful proposer for the project was Clean Harbors Environmental
Services, Inc. of Clackamas, OR.
This Notice of Intent to Award Contract is issued pursuant to Oregon
Administrative Rule (OAR) 137-030-0104. A copy of this Notice is being
provided to each firm or person that submitted a proposal for the project.
Any firm or person which believes that they are adversely affected or
aggrieved by the intended award of contract set forth in this Notice may
submit a written protest within seven (7) calendar days after the issuance of
this Notice of Intent to Award Contract to the Board of County
Commissioners of Deschutes County, Oregon, at the above address. The
seven (7) calendar day protest period will expire at 5:00 PM on
Monday, June 23, 2014.
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner
Clean Harbors Environmental Services, Inc.
June 16, 2014
Page 2
Any protest must be in writing and specify any grounds upon which the
protest is based. A copy of OAR 137-030-0104 is attached to this Notice.
If a protest is filed, a hearing will be held at 10:00 a.m. on Wednesday, July
2, 2014 before the Board of County Commissioners of Deschutes County
Oregon, acting as the Contract Review Board, in the Deschutes Services
Building, 1300 NW Wall Street, Bend, Oregon 97701.
If no protest is filed within the protest period, this Notice of Intent to Award
Contract becomes an Award of Contract without further action by the Board
of County Commissioners unless the Board, for good cause, rescinds this
Notice before the expiration of the protest period. The successful proposer
on a Deschutes County project is required to execute four (4) copies of the
Contract, which will be provided when the contract is negotiated. In
addition to the execution of Contract, the contractor will be required to
provide a certificate of insurance.
All contract copies will need to be returned to the County for execution.
After all parties have signed the contract, a copy of the contract will be
forwarded to you along with a notice to proceed.
If you have any questions regarding this Notice of Intent to Award Contract,
or the procedures under which the County is proceeding, please contact
Deschutes County Legal Counsel Bend, OR 97701, telephone (541) 388-
6625 or FAX (541) 383-0496.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
___________________________________
Tammy Baney, Chair
Enclosures: OAR 137-303-0104
cc w/enc: Transmitted by Facsimile and First Class Mail on Wednesday, June 16, 2014
to all Proposers (5 pages)
See attached List
The Oregon Administrative Rules
DEPARTMENT OF JUSTICE
DIVISION 30
PUBLIC BIDDING
137-030-0104
Protest of Contractor Selection, Contract Award
(1) Purpose. An adversely affected or aggrieved Offeror (1) Purpose. An adversely affected or
aggrieved Offeror must exhaust all avenues of administrative review and relief before seeking
judicial review of the Agency's Contractor selection or Contract award decision.
(2) Notice of Competitive Range. Unless otherwise provided in the RFP, the Agency shall
provide Written notice to all Proposers of the Agency's determination of the Proposers included
in the Competitive Range. The Agency's notice of the Proposers included in the Competitive
Range shall not be final until the later of the following:
(a) 10 Days after the date of the notice, unless otherwise provided therein; or
(b) Until the Agency provides a Written response to all timely-filed protests that denies the
protest and affirms the notice of the Proposers included in the Competitive Range.
(3) Notice of Intent to Award. Unless otherwise provided in the Solicitation Document, the
Agency shall provide Written notice to all Offerors of the Agency's intent to award the Contract.
The Agency's award shall not be final until the later of the following:
(a) 14 Days after the date of the notice, unless the Solicitation Document provided a different
period for protest; or
(b) The Agency provides a Written response to all timely-filed protests that denies the protest
and affirms the award.
(4) Right to Protest Award.
(a) An adversely affected or aggrieved Offeror may submit to the Agency a Written protest of the
Agency's intent to award within 14 Days after issuance of the notice of intent to award the
Contract, unless a different protest period is provided under the Solicitation Document.
(b) The Offeror's protest shall be in Writing and must specify the grounds upon which the protest
is based.
(c) An Offeror is adversely affected or aggrieved only if the Offeror is eligible for award of the
Contract as the Responsible Bidder submitting the lowest Responsive Bid or the Responsible
Proposer submitting the best Responsive Proposal and is next in line for award, i.e., the
protesting Offeror must claim that all lower Bidders or higher-scored Proposers are ineligible for
award:
(A) Because their Offers were nonresponsive or
(B) The Agency committed a substantial violation of a provision in the Solicitation Document or
of an applicable procurement statute or administrative rule, and the protesting Offeror was
unfairly evaluated and would have, but for such substantial violation, been the Responsible
Bidder offering the lowest Bid or the Responsible Proposer offering the highest-ranked Proposal.
(d) The Agency shall not consider a protest submitted after the time period established in this
rule or such different period as may be provided in the Solicitation Document.
(5) Right to Protest Competitive Range.
(a) An adversely affected or aggrieved Proposer may submit to the Agency a Written protest of
the Agency's decision to exclude the Proposer from the Competitive Range within 14 Days after
issuance of the notice of the Competitive Range, unless a different protest period is provided
under the Solicitation Document.
(b) The Proposer's protest shall be in Writing and must specify the grounds upon which the
protest is based.
(c) A Proposer is adversely affected only if the Proposer is responsible and submitted a
Responsive Proposal and is eligible for inclusion in the Competitive Range i.e., the protesting
Proposer must claim it is eligible for inclusion in the Competitive Range if all ineligible higher-
scoring Proposers are removed from consideration, and that those ineligible Proposers are
ineligible for inclusion in the Competitive Range because:
(A) Their Proposals were not responsive, or
(B) The Agency committed a substantial violation of a provision in the RFP or of an applicable
procurement statute or administrative rule, and the protesting Proposer was unfairly evaluated
and would have, but for such substantial violation, been included in the Competitive Range.
(d) The Agency shall not consider a protest submitted after the time period established in this
rule or such different period as may be provided in the Solicitation Document. A Proposer may
not protest an Agency's decision to not increase the Competitive Range above the Competitive
Range set forth in the RFP.
(6) Authority to Resolve Protests. The head of the Agency, or such person's designee, has the
authority to settle or resolve a Written protest submitted in accordance with the requirements of
this rule.
(7) Decision. If a protest is not settled, the head of the Agency, or such person's designee, shall
promptly issue a Written decision on the protest. Judicial review of this decision will be available
if provided by statute.
(8) Award. The successful Offeror shall promptly execute the Contract after the award is final.
The Agency shall execute the Contract only after it has obtained all applicable required
documents and approvals.
Stat. Auth.: ORS 279.049
Stats. Implemented: ORS 279.029, ORS 279.031 & ORS 279.067
Hist.: JD 6-1990, f. & cert. ef. 7-23-90; JD 1-1995, f. & cert. ef. 1-9-95; DOJ 7-1998, f. & cert.
ef. 10-6-98; DOJ 6-1999(Temp), f. & cert. ef. 10-22-99 thru 12-31-99; DOJ 11-1999, f. 12-30-
99, cert. ef. 1-1-00; DOJ 1-2001, f. & cert. ef. 1-17-01
PROPOSERS’ LIST FOR
Household and Conditionally Exempt Generator
Hazardous Waste Management Program
May, 2014
Philip Services Corporation
5151 San Felipe, Suite 1100
Houston, TX 77056
Attn: Mike Dillman
Ph: (425) 204-7120
Fax: (708) 613-9579
Clean Harbors Environmental Services
16540 SE 130th Avenue
Clackamas, OR 97015
Attn: Brian Russo
Ph: (503) 260-6726
Fax: (503) 655-3952