HomeMy WebLinkAboutIntent to Award - Hazardous Waste MgmtDeschutes 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 April 9, 2008
Please see directions for completing this document on the next page.
DATE: March 31, 2008
FROM: Timm Schimke Solid Waste ext. 3177
TITLE OF AGENDA ITEM:
Chair Signature of a Notice of Intent to award Letter regarding 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 February, 2008, 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 of the hazardous wastes received at the facility. The facility will accept hazardous waste
from household generators and businesses that are regulated as Conditionally Exempt Generators
(businesses that generate smell quantities of hazardous waste).
Proposals were received from two firms. Both firms were well qualified and experienced in the
operation and management of HHW facilities. Philip Services Corporation's rates for program and
facility operation were determined to be lower and, consequently are 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 a notice of intent to award the
Household and Conditionally Exempt Generator Hazardous Waste Management Program services
contract to Philip Services Corporation.
ATTENDANCE: Timm Schimke
DISTRIBUTION OF DOCUMENTS:
Fax and first class mail documents to the proposers listed on the attachment.
To: BOCC
From: Timm Schimke
CC: Dave Kanner
Date: April 1, 2008
Solid Waste Department
AMMO
61000 SE 27th Street • Bend, Oregon 97702
[541) 317-3163
FAX [541) 317-3959
Re: Consideration of Signature of Intent to Award Contract to Philips Service Corp.
for operation of the Household Hazardous Waste facility
The Department of Solid Waste's initial solicitation for the above referenced services
contained errors that could have affected the proper selection of a contractor. This
resulted in a protest of the award of contract and the Board subsequently rejected all
proposals and instructed staff to re -solicit for the needed services.
The solicitation was rewritten and submitted to the two firms who responded to the initial
solicitation. Responses have been received and evaluated with the following results
Firm
Philips Services Corp.
Clean Harbors Env.
Cost proposal
Staffing & Operation
$167,549
$170,400
Waste prep & Transport
$116,590
$146,983
Total Cost
$284,139
$317,383
Proposal Scores
90 points
80 points
The costs shown are based on assumed number for collection days and waste volume
received over a 12 month period. Compensation in the proposed contract will stipulate
unit pricing, so annual costs could vary from the figures shown here. The low cost quote
here is about $10,000 lower than the low cost quote in the original situation.
These are both well qualified firms. We have worked with them both in the past and
have experienced great performance from each. The selection came down to the
difference in price. There are adequate funds in the budget for the services planned in the
remaining fiscal year. The submitted budget for next fiscal year includes adequate funds
designated for this contract. We are proposing a 1 year agreement with provisions for 2
one year extensions if we so choose.
I recommend approval of Intent to Award Contract to Philips Services Corporation.
Quality Services Performed with Pride
April 9, 2008
Sent via facsimile ri / (5 !AEI & First Class Mail
RE: Project — Household and Conditionally Exempt Generator Hazardous Waste
Management Program
NOTICE OF INTENT TO AWARD CONTRACT
On Wednesday, April 9, 2008, 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
Philip Services Corporation. of Kent, Washington.
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 Wednesday, April 16, 2008
Philips Services Corp.
April 9, 2008
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, April 23, 2008 before the Board of County
Commissioners of Deschutes County Oregon, acting as the Contract Review Board, in
the Deschutes Services Building, 1300 NW WaII 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
Dennis R. Luke, Chair
Enclosures: OAR 137-303-0104
cc w/enc: Transmitted by Facsimile and First Class Mail on Wednesday, April 9, 2008 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
Philip Services Corporation
18000 72nd Avs. S., Suite 217
Kent, WA 98032
Attn: Mike O'Donnell
Ph: (425) 204-7052
Fax: (425) 204-7164
Clean Harbors Environmental Services, Inc.
14434 SE Industrial Way, Bldg. C
Clackamas, OR 97015
Attn: Peter Mondeel
Ph: (503) 785-0404
Fax: (503) 786-7877