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,~i~ `'''''4y,~,• <br />~III' <br />1~~~~~~~`~ <br />~\~~ <br />~~ ~~~.~v- <br />u. <br />Marion ~'ount~ <br />OREGON <br />OFFICE OF LEGAL COUNSEL <br />October 11, 1999 <br />LEGAL COUNSEL <br />Michael J. Hansen <br />80ARD OF <br />COMMISSIONERS -I-o: Byron Courts, Director of Engineering Services <br />Randail Franke <br />Pan' M'i"e Melvin Mark Companies <br />Mike Ryan <br />ASSISTANT LEGAL <br />couNSE~ ~avid Kussman, Procurement Specialist <br />Bruce T. Armstrong Salem Area Mass Transit District <br />Timothy T.A.)ensen <br />Gloria M. Roy <br />)ane Ellen Stonecipher Bob McCune, Buildings Manager <br />' Marion County <br />From: Michael Hansen ~ <br />Marion County Legal Counsel <br />Gentlemen: <br />He concurs in the recommendations I have made to you and believes they are <br />consistent with the FTA Procurement Guidelines. <br />I have corresponded with Ben Fetherston, Attorney for the Transit District <br />Let me summarized my suggestions at our meeting last Wednesday, <br />September 29, 1999. I believe that the RFP for building commissioning provides <br />that the owners can negotiate with the proposers and enter a contract for a fixed sum <br />or on a time and materials basis. See page 17, items 6(k) of the RFP. <br />Marion County does not have any specific rules on how negotiations may be <br />pursued. In this case I would suggest that we follow the model rules prepared by the <br />Attorney General for a formal RFP as outlined in OAR 137-35-0060. Generally, <br />rank the proposers in the order based on selection criteria in the RFP. That ranking <br />can take the fee proposal in to account since the fee proposal is ten of the total <br />possible 100 points. Next, begin negotiations with the highest ranked proposer. <br />Negotiations may be conducted over the tasks to be performed, the performance <br />scheduled, which I believe includes the tasks to be done and how much time should <br />be allotted for each task and negotiate a ma~cimum not to exceed price. This <br />negotiation should be consistent with the proposers proposal and a fair and <br />reasonable result for the public agency, considering the estimated value, scope, <br />530 Center Street NE, Suite 312 . Salem, Oregon 97301-3670 .(503) 588-5220 . Fax (503) 373-4367 . www.open.org/marion <br />