4J Stadium, October 1999 Forward

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FEB -29 -2000 08:35 SD4J FACILITIES MANAGMENT 1 541 687 3686 P.02/24 am ta Facilities Management 4j Eugene School District 4J 715 West Fourth Avenue Eugene, OR 97402 February 24, 2000 Curt Offenbacher, Manager Construction Department Eugene Sand & Gravel, Inc. P.O. Box 1067 Eugene, OR 97440 Dear Mr, Offenbacher. On February 9, 2000, you submitted a written protest to the District's January 28,2000 Intent to Award a Contract for the project, Package A - Synthetic Turf to Bones Construction. OAR 137 030 - 0104(6), which has been adopted by the District, states that, "The head of the Agency, or such.person's designee, has the authority to settle or resolve a Written protest submitted in accordance with the requirements of this rule." OAR 137 -030 - 0104(7) states, "If a • protest is not settled, the head of the Agency, or such person's designee, shall promptly issue a Written decision on the protest" The Superintendent of Schools, George Russet, is the head of the Agency. Superintendent Russell has authorized me to act as his designee to consider the protest, attempt to resolve it, and issue a written decision. We have asked our legal counsel, Bob Fraser, to consider, evaluate, and provide a recommendation pertaining to the protest. His legal opinion to the District is attached. On behalf of the School District, I must respectfully deny the protest on the grounds that it was not submitted in a timely manner. The rules and the R.F.P. clearly require a protest to be submitted within 3 calendar days of the notice of intent to award. The notice of Intent to Award was dated, and as I understand it, sent out on 1/28 /00. Mike Broadsword, from your office, called me the following week, and told me that he only received the notice of Intent to Award on 1/31/99. Even if one were to use 1/31/99 as a starting point, submitting a protest on 2/9/00 is clearly well beyond the 3 calendar day limit. The rule is unequivocal on the timeline: OAR 137 - 030-0104(4)(d) states that, "The Agency shall not (my underline) consider a protest submitted after the time period established in this rule or such different period as may be provided in the Solicitation Document." You have raised an issue with regard to the wording of "intent to award" and "award," as used in the solicitation document, and as pertains to the rules. As you can see from the attached legal opinion, we have been advised that the District has used appropriate language and notification, and that the ESG protest submittal is untimely.