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Wasco County denies protests of Crestline emergency contract for Rowena fire debris cleanup
Summary
The Wasco County Board of Commissioners, acting as the Contract Review Board, denied protests challenging the emergency procurement and direct award to Crestline Construction for Rowena Fire debris cleanup, finding the award lawful under emergency procurement rules and citing record evidence and cost savings.
Wasco County commissioners on Dec. 17 voted unanimously to deny formal protests of the county’s emergency procurement and direct award to Crestline Construction Company for debris cleanup after the Rowena Fire.
General Counsel Kristen Campbell and Administrative Officer Tyler Stone told the board the administrative record supports the county’s emergency contracting decision. "The record contains substantial evidence supporting the purchasing manager’s recommendation," Campbell said, explaining that the county reviewed the written record required for procurement protests.
Stone told the board staff had coordinated closely with the Oregon Department of Environmental Quality because the sites included asbestos and other hazardous materials. He said a local award to Crestline was "approximately $3.4 million to $3.5 million," saving the county roughly $2 million compared with earlier state-level estimates, and that the company could mobilize immediately with specialized crews and equipment.
Two protesters, Leonard Berry and Aaron Maurin, had filed challenges asserting the direct award was not properly justified and seeking compensation for services they said they had performed. County staff recommended dismissal partly on the legal ground that the protesters lacked standing to bring an award protest because they were not responsible bidders eligible for the award, and on the independent ground that the emergency procurement exception (ORS 279B.080) applied.
Commissioner Jeffrey Justesen moved to deny the protests, directing staff to finalize a resolution incorporating the decision and to execute a written disposition of protest; Vice Chair Philip L. Brady seconded the motion, which passed unanimously.
The board’s formal motion found that: (1) the county followed emergency procurement requirements, (2) substantial record evidence supported the purchasing manager’s decision and the direct award, and (3) immediate mobilization was necessary to protect public health, safety and the environment following the wildfire and to avoid delays that could worsen hazardous material exposures.
What’s next: Staff were directed to finalize the resolution and notify protesters of the written disposition. The protesters may seek judicial review in court; county counsel said the administrative remedies have been exhausted.
