FINDINGS ON EXEMPTION FROM COMPETITIVE BIDDING
Notice to public before public meeting hearing on February 16, 2022
Requirements for Exemption
Oregon law requires all public improvement projects to be procured by competitive low bid, unless an exemption is granted by the Woodburn Fire District acting as the public contracts review board. The Woodburn Fire District employs strict criteria to determine if a project has met the conditions for exemption from “competitive bidding.” This project meets the conditions for exemption from competitive bidding as shown by the findings (below).
- A) This exemption is unlikely to encourage favoritism in awarding public improvement contracts or substantially diminish competition for public improvement contracts. Since this exemption is for a single, isolated project of limited duration and scope, and is not related to other projects, awarding this project to the contractor is unlikely to encourage favoritism or diminish competition.
- B) Awarding the project under this exemption will result in substantial cost savings to the District, primarily due to the consultant’s familiarity and experience with the facility, client and project parameters. The consultant completed a study and preliminary drawings for this project in conjunction with prior work on the facility in 2018-2019, and is well equipped to complete the project in an economical and timely manner. Per ORS 335. The cost of the project will be substantially below $250,000, and the contract review board has considered the following relevant points:(C) Public Benefits for this project, the public will benefit from the consultant’s unique knowledge of the program requirements and the early design and assessment work already performed. This prior work will reduce the cost of the project and reduce the amount of time needed to create construction documents.
- C) Value Engineering The use of value engineering techniques will reduce the construction cost of the project. The consultant has already created a construction cost estimate for the project and has unique knowledge of the cost issues involved, and can use that knowledge during design to reduce the cost of the project without reducing quality.
- D) Specialized Expertise The unique requirements of this fire station demand specialized expertise. The design team needs to address technical complexities such as providing adequate lighting, heating, ventilation, acoustical absorption, resilient flooring, furniture and other aspects of the project. It is imperative for the district to consider the capabilities of a competent consultant rather than settling for the least expensive consultant.
- E) Risk Reduction Granting this exemption will reduce risks to the district. Having worked with the consultant on a preliminary design for the project, the district has firsthand experience with the consultant’s qualifications and capabilities. Use of a different consultant that the district has not worked with on this project poses an unknown variable and increases risk.
- F) Funding Sources Granting this exemption will not negatively affect funding for the project. In fact, using a known consultant will increase reliability and predictability which will increase the level of cost control.
- G) Expertise in Alternative Contracting The district has the necessary experience in alternative contracting procedures to use to negotiate, administer and enforce the terms of the contract.