HomeMy WebLinkAboutDoc 236 - Intent to Award Solid Waste CompactorDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of July 13, 2011
Please see directions for completing this document on the next page.
DATE: July 6, 2011
FROM: Timm Schimke. Solid Waste 317-3177
TITLE OF AGENDA ITEM:
Consideration of Chair Signature of Document No. 2011-236, a Notice of Intent to Award Contract
Letter for the Purchase of a Landfill Compactor.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
See attached memorandum.
FISCAL IMPLICATIONS:
Sufficient funds are allocated in the current budget for this purchase.
RECOMMENDATION & ACTION REQUESTED:
Recommend signature of Intent to Award Contract to Peterson Machinery Company as the qualified
bidder.
ATTENDANCE: Timm Schimke
DISTRIBUTION OF DOCUMENTS:
Fax and mail to list of bidders attached to the letter of intent to award. Copy to Solid Waste.
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Department of Solid Waste
Board of County Commissioners
Timm Schimke
Dave Kanner
July 6, 2011
Purchase of Landfill Compactor
61050 SE 27th Street • Bend, Oregon 97702
[541 ] 317-3163
FAX [541) 317-3959
The Department of Solid Waste has opened bids for the manufacture and delivery of one (1)
122,000 Ib. Steel Wheel Landfill Compactor. We used a Total Cost Bid approach to this
solicitation where bidders not only quote a purchase price, but also guarantee a maximum
repair cost and a minimum buy back price for the compactor after 5 years or 7,500 hours of use.
Two companies responded to our solicitation and I have attached a copy of the bid sheets so
you can see the details.
While Aljon Manufacturing, LLC. Submitted the lowest bid, we are recommending award of
contract to Peterson Machinery Company. We believe that the Aljon Manufacturing bid does
not meet the bid requirements, or specifications for the following reasons.
1. While Aljon submitted a Guaranteed Minimum Repurchase quote, the bid has
attached "Policies and Conditions for Guaranteed Repurchase". This requires the
County to agree to 17 conditions which must be met in order to receive the quoted
repurchase price. At least one of the conditions is based on Aljon's sole opinion.
Since it is unknown how the conditions would impact the repurchase price, the
quoted price in the bid is meaningless and prevents a fair and equitable comparison
between the two bids.
In addition, Paragraph 15(e) of the information for bidders states: "A proposal
containing modifications, deletions, exceptions or reservations which in any way
conflict with or purport to alter any substantive provision contained in the bid
documents, will not be considered". and
Paragraph 15(0 states: "A conditional bid will not be considered".
Peterson Machinery Company has no conditions required in their repurchase quote.
Quality Services Performed with Pride
2. The specifications for the compactor call for the drive system to be mechanically
driven with a planetary type power shift transmission and limited or no slip front and
rear differentials. The Aljon compactor uses a hydrostatic type drive system. This is
a significant departure from the specifications.
It is my understanding that use of a hydrostatic drive system is less costly to design
and incorporate into a compactor however, our research shows that such drive
systems can be 15-20% less efficient than the mechanically driven system. Our
records show that we burn between 13 and 15 gallons of fuel per hour in our current
mechanically driven compactor. Discussions with personnel at the Boardman landfill
which uses the Aljon hydrostatic driven compacter indicates that they burn 20 gallons
of fuel per hour. Over the expected life of the compactor (10,000) hours, this
difference in fuel consumption would result in $169,000 in additional costs at the
current price of fuel. The higher costs due to fuel consumption negate the price
advantage of the hydrostatic drive system.
It should be noted that language in our solicitation provided details of provisions in
Oregon statute that included timelines and requirements for prospective bidders to
challenge any of the terms of the solicitation or specifications if they felt anything was
in error, or overly restrictive. No protest or challenge was filed within those
limitations.
We believe that the bid submitted by Aljon Manufacturing LLC. Is non-responsive due to
the conditions included in their bid and deviation from the specifications. We
recommend signature of Intent to Award Contract to Peterson Machinery Company.
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Deschutes County Department of Solid Waste
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Board of Count Commissioners
July 13, 2011
1300 NW Wall St, Suite 200 • Bend, OR 97701-1960
(541 ) 38B-6570 • Fax (541) 385-3202
www.co.deschutes.or.us
board@co.deschutes.or.us
Tammy Baney
Anthony DeBone
Alan Unger
Sent via facsimile (541) 548-8591 / (5 pgs) & First Class Mail
RE: Project — Manufacture and Delivery of One (1) New and Unused Current Modei
122,000 LB. Steel Wheel Compactor
NOTICE OF INTENT TO AWARD CONTRACT
On Wednesday, July 13, 2011, 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
Peterson Machinery Company of Redmond, 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 who 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 Wednesday,
July 20, 2011.
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner
Peterson Machinery Company.
July 13, 2011
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 27, 2011 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, July 13, 2011 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. I-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
Manufacture and Delivery of One (1) New and Unused Current Model 122,000 LB. Steel
Wheel Compactor
Peterson Machinery Company
3635 SW Airport Way
Redmond, OR 97756
Attn: Miles Johnson
Ph: 541-548-8566
Fax: 541-548-8591
Mon Manufacturing LLC.
15075 Al-jon Avenue
Ottumwa, IA 52501
Attn: Denise Stottlemyre
Ph: (888) 255-6681
Fax: (641)682-6294