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FEB -29 -2000 09:36 SD4J FACILITIES MANAGMENT 1 541 687 3686 P.03/24 <br /> Not withstanding the above, we asked our legal counsel to consider the merit of your protest_ <br /> (This is what has taken the time for our response). <br /> The opinion of legal counsel is that if we were a to consider the merit of the protest, which we <br /> cannot, we would have to deny it as being without merit. <br /> Specifically, you raise issues pertaining to the top ranked firm with regard to the qualifications of <br /> the manufacturer and the installer, and to the adequacy of the warranty. The legal opinion <br /> comments at length on the first issue. With regard to the issue of installer experience, Teri <br /> Higgins, our project manager, has provided the following response: <br /> The Installer qualification required by the proposal l$ "a minimum of 5 fields ... ' . Installation <br /> of either rubber or sand/rubber fields, or any combination thereof, qualifies an installer under this <br /> requirement. The installer for Bones Is Matt Brown. Matt Is a contractor licensed in Oregon. has <br /> 13 years experience Installing synthetic play fields and has "participated In the Installations at <br /> Delta Park and Mary Reike in Portland, Oregon and managed the field installations at Queen <br /> Anne Bowl in Seattle, as well as the fields in Poison, Califomia and Tigard High School in <br /> Oregon." (5 INFILL fields). <br /> With regard to the issue of warranty, Ms. Higgins provides the following comment: <br /> In the committee's opinion, Avery has exceeded the specified warranty by specifying what <br /> 'premature wear and tear' is, in addition to providing a 10 year. rather than 8 year warranty. <br /> With regard to the issue of quality assurance, the Selection Committee has determined that, based <br /> on the experience of the manufacturer that they have been able to verify, quality assurance is <br /> satisfied. This experience does not include the alleged European fields. (The contractor, supplier, <br /> and manufacturer have provided us with written assurances that the European fields with rubber <br /> or rubber /sand infill systems exist or did exist and were manufactured by Avery). <br /> It is my opinion, and that of legal counsel, that the District followed the proscribed process of our <br /> R.F.P., and the requirements of the OAR 125- 310 -0200, which has been adopted by the District. <br /> The Selection Committee provided a composite ranking based on the best individual professional <br /> assessments of the members of the committee. . <br /> We have had a successful history of working with Eugene Sand and Gravel. I personally have the <br /> highest regard for your proposed project manager, Mike Broadsword. In terms of those <br /> relationships, I regret that this project did not work out to award to Eugene Sand and Gravel. In <br /> terms of the assessment of the Selection Committee, the product and team that have been <br /> recommended represent the best choice for the District. <br />