07/16/2019 Special MeetingSOLID WASTE ADVISORY BOARD
SPECIAL MEETING
July 16, 2019-5:15 PM
Kodiak Island Borough Assembly Chambers
July 17, 2019
Denali Disposal, Inc.
c/o Holly Wells
Birch Horton Bittner & Cherot
510 L. Street, Suite 700
Anchorage, Alaska 99501
Kodiak Island Borough Solid Waste Advisory Board
Case No. 2019-01, Borough Contract # 2019-25
Dear Ms. Wells,
The Kodiak Island Borough Solid Waste Advisory Board met in public on July 16, 2019, and
heard your appeal in the above referenced case. The meeting was properly noticed and
convened in accordance with the law, and a quorum was present throughout. The Board heard
from the Appellant and from the Borough representatives, and considered the evidence and
arguments.
I hereby certify that the Solid Waste Advisory Board, pursuant to the terms of the Request for
Proposals, and following the rules of procedure adopted by the Board and Approved by the
Borough Assembly, considered the arguments and evidence presented and adopted the
following motion:
Motion by Ed Mahoney, Second by Nathan Svoboda: "The Board moves to uphold the
Engineering and Facilities Director's decision and deny the appeal from Denali Disposal".
The Board adopted the following findings and conclusions by a 5-0 vote:
The Board is affirming the Engineering and Facilities Director's decision and deny the appeal by
Denali Disposal because:
1. The Board finds that the procurement was conducted in accordance with the Borough
Code, applicable statutes and terms of the RFP.
2. The Evaluation process is entitled to a presumption of regularity.
3. The Board finds that there was a reasonable basis in the record for the selection of the
successful proposer.
4. While not an optimal process, there was no evidence of overt bias or unfairness in the
execution of the evaluation.
5. The evaluation appears to have rated the companies on their merits.
6. The Board finds that the procurement officials considered the proposals fairly and
honestly.
7. Therefore, the Board finds that the challenge to the evaluation process is denied.
8. The Board finds that the procurement officials acted within the scope of their discretion in
conducting the procurement and selecting the successful proposer.
9. The Board finds that the procurement officials had the discretion to exclude the recycling
component, and did not abuse that discretion.
10. The Board finds that the procurement officials acted in accordance with the Borough Code
and the RFP when they denied release of scoring tabulations and proposals prior to the
award of the contract by the Assembly.
11. The proposers had notice that there would be no preference for women or minority owned
businesses prior to the deadline for responding to the RFP. The fact that no preference
would be provided was in the RFP and in addendum number 5.
12. The Board finds that any errors asserted by appellant, if present, were insufficient to
change the result of the procurement.
The Board adopted the following finding and conclusion by a 4-1 vote:
13. The Board finds that the procurement officials had the discretion to negotiate with only one
proposer, and did not abuse that discretion.
The Board decision was adopted by the vote of a legally sufficient number of votes, and all other
requirements and proceedings incident to the proper adoption of the motion were carried out or
otherwise observed.
This constitutes the final administrative decision on this appeal. According to Appellate Rule
602, the Appellant or the Borough has the right to appeal to the Superior Court of the State of
Alaska from this final decision. Should you wish to exercise your right to appeal, you must do so
within 30 days. Failure to do so will forever bar you from any appeal of this decision.
Dated this 17" day of July, 2019.
Distributed to the parties by a -mail on Jul 2019. c� MB
Attest:
t
oard Clerk
CC:
Benadette Wilson, Denali Disposal Inc. \S�A�D e0
S. Lane Tucker, Waste Connections of Alaska, Inc.
Michael Powers, Borough Manager
Dave Conrad, Director Engineering and Facilities Department
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