The Port of Coos Bay is seeking to exempt Coos Bay Rail Line repairs from the competitive bidding process normally required of public agencies at the April 21, 2011 regular public meeting by declaring CBRL an emergency. According to the agenda packet, the Port will first adopt public contracting rules contained in ORS 279A.015 (1) through (6). Within these rules “The Chief Executive Officer, or his/her designee”, is given leave to “solicit written quotes, oral quotes, written requests for proposals or make direct appointments without competition… in responding to the emergency”.

Next on the agenda the commission is anticipated to declare the CBRL an emergency citing mysterious but unnamed “April 6, 2011, circumstances” that will enable a business “with commercial interests in the Coos Bay area” to take advantage of an “opportunity for itself and for the Coos Bay area”.

Exemption of a Series of Contracts From Competitive Bidding Requirements and Authorizing Port Staff to Solicit Quotes and/or Proposals for the Repair Projects –

As of April 6, 2011, circumstances have developed that require immediate emergency repairs to be made to the Coos Bay Rail Line. The Port has been approached by a substantial business with commercial interests in the Coos Bay area with a request that rail service between Eugene and Coos Bay be resumed no later than June 20, 2011. If the rail line can be opened by June 20, 2011, this business can take advantage of an economic opportunity for itself and for the Coos Bay area. Unless the Port is authorized to now make at least the first stage of the repairs necessary to reopen the Coos Bay Rail Line, the business will not be able to take advantage of the opportunity which has been presented, because the Port will not be able to open the line by June 20, 2011. The Port needs to solicit potential contractors, and enter into rail line repair contracts on an emergency basis in order to accommodate a schedule that will get the Coos Bay Rail Line open by June 20, 2011.

The Port director is so confident these actions will be approved by the commission that The World is already reporting the line “…is tentatively scheduled to begin partial service in June, provided the port and Reedsport manufacturer, American Bridge, enter into a contract by then”. There are no details in the packet to enable the public to evaluate the local benefit of allocating no bid contracts in order to expeditiously repair the section of line between Reedsport and Danebo in advance of the meeting. Bishop will, no doubt, present one of his Power Point presentations to explain why he believes it is an emergency but the public comment period is before these action items and the commission rarely, if ever, allows public input.

The president of the Port commission, Dave Kronsteiner, owns West Coast Contractors, a commercial construction firm in Coos Bay. West Coast Contractors has worked on Port projects in the past and some view the relationship as a possible conflict of interest.