Fred Kirby has requested answers from the Port to several relevant questions relating to the proposed ‘state of emergency‘ in repairing a section of the Coos Bay Rail Line from Reedsport to Lane County. It is provided here with Fred’s permission and is well worth reading.

20 April 2011 1240
Sent as an e-mail attachment
Elise Hamner, Communications Manager
Oregon International Port of Coos Bay
With courtesy CC copies
RE: SOLE SOURCE “EMERGENCY” RAILROAD REPAIR RELATED PROCUREMENT
Dear Ms. Hamner:
I understand that you have been made aware that certain people are in the early stages of a ballot measure to reverse a decision of 14 years ago that created the Coos Bay Port District. Many of the people are involved as a direct result of the recent less than totally factual (tome) paid advertisements appearing in the local paper over the signature and photo of the Port Director.
Now, along comes the Port Director with an apparent need for “emergency” repairs of a railroad that is not yet in operation. Apparently the Port has made known to your prior employer, the downtown Coos Bay newspaper, certain information related to contemplated sole source emergency railroad repair related procurement. Yesterday, some of the people of the Port District learned that the Port will soon move to be exempt from the competitive bidding process that is required of Oregon public agencies with a fiduciary responsibility to the citizens – in this matter, specifically to the citizens of the Port District – and in this matter, generally the taxpayers within Coos Bay and North Bend cities – to affect needed “emergency” repairs on the planned Eugene to Coquille rail line. Certainly, any Port contracting officer would anticipate that sole source procurement will result in a higher contract price for the contemplated scope of work.
So that citizens may ask and receive from the governors political appointees who manage the Port prior to the Port requesting any such emergency action authority and exemption from competitive bidding requirements imposed on public agencies; please provide answers to the following, by whatever reasonable means, to the general public (perhaps all of the local press – print and electronic), prior to planned Port Commissioners meeting when and where the subject is planned to be discussed:
01. Specifically, what are the “immediate emergency repairs” that are required on the people’s railroad and are considered for sole source procurement?
02. What is the estimated contract dollar amount for these “emergency” repairs?
03. Since the contemplated action is for the benefit of a private business and not the people, and a railroad is not in operation at this time, and there are no safety issues that require immediate action, why are any repairs considered to be an “emergency” requiring sole source procurement?
04. Is the sole source contracting action that is contemplated for the benefit of American Bridge, as the paper article suggests?
05. If in fact the beneficiary of the contemplated action is American Bridge, I believe that we both know that their need is not every day, or every week. How often would they require rail service and would they require the use of more than one rail car monthly?
06. Is it fact as some suggest that the needed expedited rail repairs are to enable the Port to provide rail service to other North Spit business as non – availability of a rail line will soon result in penalties?
07. If in fact the beneficiary is American Bridge, do they have a contract in hand that requires immediate (June) rail service? Or, as the paper article suggests, will a commitment from the Port of June rail service completion permit them to bid on a project where they may not be successful?
08. What consideration will the taxpayers of the Port District (not any Urban Renewal Agency or other agency) receive from the private business receiving benefit by this contemplated sole source action?
09. Contemplated sole source action suggests that only one qualified contractor is known to the Port. Who is that single known contractor?
10. Contemplated sole source action suggests that a statement of work exists today. Why isn’t that scope of work out to bidders at this time eliminating the need for “emergency” (and higher priced) sole source procurement?
11. Does the Port have rolling stock – locomotives, rail cars, and other equipment on hand to enable commencement of rail service for customers in late June following the contemplated “emergency” repairs? Where is that Port property located today?
12. What penalties or liquidated damages provisions will be made a part of any sole source contract to assure completion on time (June)?
Your response may lead to other questions. Thank you for your timely response to my questions.
Sincerely,
J. Fred Kirby
Coos Bay, Oregon