Dear City Attorney, City Council and Mayor
It has come to my attention that one or more applicants in the recent competitive grant process did not meet the mandatory submission requirements outlined in the city’s Request for Proposals. Specifically, the RFP required that all proposals:
- Identify the zoning of the proposed location and demonstrate consistency with allowed uses;
- Include signed documentation from the property owner if the applicant did not have possession or control of the site, stating that the property would be transferred and under what terms; and
- Provide a clear pathway to obtaining all required permits, approvals, or variances.
Under Oregon public contracting law (ORS Chapters 279A–C), all public solicitations must be conducted in a fair, transparent, and competitive manner. ORS 279A.015 explicitly requires “the fair and equitable treatment of all persons who participate in public contracting and the promotion of competition.”
A proposal that fails to meet the stated mandatory requirements of the solicitation is non-responsive under ORS 279B.110 and ORS 279B.130. As such, it must be rejected and may not lawfully be considered for award unless the city formally waives that requirement for all applicants in writing.
If an applicant was advanced or awarded funds despite failing to include required documentation or zoning verification, the city’s action appears inconsistent with Oregon’s procurement code and the terms of its own RFP. This raises serious concerns regarding fairness, transparency, and equal treatment among participants.
Accordingly, I respectfully request that the city attorney and city council review this matter to determine whether the procurement process was conducted in compliance with Oregon law and the city’s adopted solicitation procedures.
[A copy of this will be emailed to: City Attorney Nuttall, City Manager Cubic, City Council and Mayor;
snuttall@grantspassoregon.gov, acubic@grantspassoregon.gov, mayorcouncil@grantspassoregon.gov]
