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<br />7A <br />Page 39 <br /> <br />ATTACHMENT 2 <br /> <br />CONCLUSIONS <br />The 2008-2009 San Mateo County Civil Grand Jury conelrides that the SBWNlA did not follow its stated goal to <br />uco1Jduct the RFP process with integrity and fransparenry." The Grand Jury has no opinion on which contractors <br />should have been selected. H01vever, the Grand Jury has no confidence' in the m:7p processes Ify which the Collections <br />Senitls Contractor and the Shoreway MasterPlan Facility Contractor were selected. <br />The Grand Jury furlher concludes that <br /> <br />1. The structure of the Evaluation and Selection Committees lent itself to the appearance of undue influence. <br />2. Whether or not eiected officials from the member agencies are on the SB WMA Board of Directors, these elected <br />~fJicials are ultimatelY responsible for all actions taken by the SBWMA. <br />3. After four years qf preparation, st,!!! time, and consultant fees, the Rf"P process was poorlY executed. <br /> <br />Response - Conclusions #1 & #3: <br />Conclusions 1 and 3 are unfounded, and the SB\~MA strongly disagrees with the statements. <br />The SBWMA and Member Agencies went to great lengths to ensure that open, transparent, <br />competitive and effective procurement processes were pursued. <br /> <br />The SBWMA and its J\.fember Agencies initiated the Collection Services and Facility Operations <br />Services request for proposals (RFP) process in July 2005 to plan future programs and services, <br />and select future contractors. 1be decision to proceed with the RFP process was lnade in <br />concurrence by all 12 Member Agencies of the SBWMi\. One of the primary reasons was the <br />fact that none of the existing contracts for Collection Services and Facility Operations Services <br />had ever been subject to a competitive procurement/review process. .Another reason was the <br />declining performance of the incunlbent collection/operator contractor. <br /> <br />It should be noted that the contract with the SB\VMA to operate the Shoreway facility and the <br />twelve individual contracts with the 11ember Agencies to provide Solid Waste collection services <br />represent perhaps the largest exclusive contracts of their nature in the country. As such, this <br />process has been closely monitored and highly anticipated by many in the solid waste industry. <br /> <br />Feedback received from many Member Agencies and other jurisdictions praised the SB\1CTMA <br />RFP process as being one of the most thorough they had ever seen. Most importantly, the RFP <br />process was lauded by the proposers and other stakeholders. It was only after the release of dIe <br />selection results that a few of the companies who were not selected began questioning the <br />process and the results. This is an unfortunate outcome of many public solid waste <br />procurement processes - and one that is not unique to the SBWMA. It is perhaps not totally <br />unexpected in light of the significance of some of these contracts and efforts and costs <br />expended by the proposing companies. <br /> <br />The SBWMA'S RFP process entailed a four-year period for planning, soliciting, evaluating and <br />selecting the future contractors to ensure that the l'vicmber Agencies' staff and elected officials, <br />potential proposers, other stakeholders and the public had multiple opportunities for review and <br />input. The SB~1YfA's goal was to select the best companies through a detailed and open <br />evaluation process of the responses that could provide the desired services in the most cost- <br />effective and environmentally superior manner. The SBWMA strongly believes this goal was <br />achieved with the two companies selected. <br /> <br />SBWM.1\. Grand Jury Response_Addendum 1.doc <br /> <br />Page 7 of9 <br />