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Additionally, the provision within this bill that requires three interested bidders or <br />proposers to state their interest prior to allowing the CMGC or Design-Build process <br />poses an ethical conflict from a purchasing standpoint. Historically speaking we do not <br />solicit input from a select few companies prior to issuing an RFP or ITB because we <br />could potentially provide an unfair advantage to those firms. To enable this process and <br />make it ethically sound we would have to advertise the possibility of the process, have <br />basic specifications drafted so that vendors could make an informed decision, have <br />vendors reply to this advertisement and THEN present these findings for approval. The <br />added process would create additional costs for the vendor community, especially small <br />and disadvantaged vendors, for a process that ultimately might not be approved. <br />Overall this bill has negative impacts on both the City and the citizens and I recommend <br />that we oppose. <br />Contact Respondent Dept Updated Priority Recommendation <br />Mike Penwell CS-FAC 2/23/2011 Pri 2 Oppose <br /> <br />Comments: The $5 million threshold for using alternative contracting methods is onerous and <br />unnecessary. Alternative contracting methods such as Construction Manager/General <br />Contractor and Design-Build have been used successfully by public agencies in Oregon <br />for over a decade without limiting competition or increasing costs for the contracting <br />agency. In fact, these alternative methods usually result in better value for the agency, <br />particularly on public buildings and facilities. <br />Current requirements for using alternative contracting methods in Oregon are quite <br />rigorous in order to maintain a level playing field among prospective offerors. This <br />proposed bill would likely cause project delays and would make alternative contracting <br />more expensive and less desirable. This bill also violates the principle of Home Rule. <br />Contact Respondent Dept Updated Priority Recommendation <br />Mark Whitmill PDD-BPS 2/22/2011 -- -- <br /> <br />Comments: This bill would have no impact on Building Permit Services; defer to others for <br />recommendation. <br />Contact Respondent Dept Updated Priority Recommendation <br />Jenifer Willer PWE 2/23/2011 Pri 2 Oppose <br /> <br />Comments: While not as controlling as SB 581 (a state contract review panel must approval all <br />alternative contracting); this bill does take control away from the local agencies in <br />deciding how best to contract work for their local conditions as well add process to <br />existing contracting. <br />I see this bill as having two parts - there are specific findings that the agency must make <br />in order to determine if alternative contracting methods may be used (including holding a <br />public hearing on the determination) and further, an agency may not award a contract in <br />which a single contractor acts as construction manager and general contractor unless the <br />contract is $5 million or more. <br />6 | Page <br />March 9, 2011 IGR Committee Meeting <br />