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Effect on Competition. Requires complete and open competition to the same <br />pool of potential contractors that would be qualified to respond to an invitation to <br />bid. <br />No Favoritism. Requires complete and open competition to the same pool of <br />potential contractors that would be qualified to respond to an invitation to bid. <br />Other Factors. The city has never awarded a Design/Build contract under an <br />invitation to bid. The city is not aware of any other state or federal agency that <br />awards Design/Build contracts under an invitation to bid. <br />EC 2.1430(3)(b) — Hybrid Contracts — Energy savings performance contracts. <br />Alternate Award Process. Requires the use of formal, advertised request for <br />proposals. <br />Cost Savings and Other Benefits. Energy savings performance contracts will <br />include scientific analysis, engineering and design services, cost -benefit analysis, <br />construction services and subsequent scientific testing and monitoring services. <br />ESP projects may be phased in over several years. Award of ESPCs to the <br />lowest bidder under an invitation to bid would impair the city's ability to evaluate <br />the skill, experience and educational qualifications of the contractor's team and <br />dramatically increase the risk of unsuccessful projects, waste and improper <br />expenditure of public funds <br />Effect on Competition. Requires complete and open competition to the same <br />pool of potential contractors that would be qualified to respond to an invitation to <br />bid. <br />No Favoritism. Requires complete and open competition to the same pool of <br />potential contractors that would be qualified to respond to an invitation to bid. <br />Other Factors. The model rules adopted by the Attorney General for this class <br />of contracts require evaluation under a request for proposals due to the heavy <br />scientific analysis and design requirements for this class of contracts. <br />EC 2.1430(3)(c) — Hybrid Contracts - Construction Manager/General Contractor <br />(CM/GC) contracts. <br />Alternate Award Process. Process set by ORS 279C.337. <br />Cost Savings and Other Benefits. Award of CM/GC contract to the lowest <br />bidder under an invitation to bid would dramatically increase the risk of <br />unsuccessful projects, waste and improper expenditure of public funds. Use of <br />the RFP process per ORS 279C.337 is necessary to allow staff to evaluate the <br />unique qualifications of the CM/GC team which will include personal service <br />providers as well as construction experts. <br />EXHIBIT A - FINDINGS PAGE 4 OF 12 <br />