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FEB -29 -2000 08:37 SD4J FACILITIES MANAGMENT 1 541 687 3686 P.06/24 <br /> February 23, 2000 <br /> Page 2 <br /> After responses were received by proposers, the Selection Committee met and evaluated <br /> those proposals. The Committee entered ratings relative to the proposals for the project and created <br /> a relevant ranking, as follows; <br /> Name Points Rankine <br /> 1. Bones Construction (Avery Sports Turf) 93 1 <br /> 2. Eugene Sand & Gravel (Field'Lbrf) 85 2 <br /> 3, Southwest Recreational Ind. (AstroPlay) 65 3 <br /> As a result of those conclusions, on January 28, 2000, the District wrote Bones Construction <br /> of its intention to award the contract to the "top ranked firm" and provided in that letter that "this <br /> notification serves as the Intent to Award as specified in the R.R." with a copy to Eugene Sand & <br /> Gravel and Southwest Recreational Industries. <br /> On February 9, 1999, Eugene Sand & Gravel (hereafter ES &G) submitted a letter which it <br /> entitled its "protest" of the intention to award the contract to Bones Construction, and in which four <br /> issues were raised: <br /> A. Timeliness of the protest period; <br /> B. Objections to the manufacturer's qualifications; <br /> C. Objections to the installer's qualifications; and <br /> D. Objection as to the form of the warranty submitted. <br /> These three issues will be dealt with hereinbelow. <br /> The 1999 Legislature passed modifications to ORS 279.029 which were effective 10/23/99. <br /> The relevant Attorney General's Model Public Contract Rules Manual controlling this RFP is the <br /> one published in October of 1998 by Hardy Myers, Attorney General and referenced in the RFP <br /> appropriately, by OAR sections. <br /> A. Timeliness of Protest. <br /> The Oregon Administrative Rules provide procedural and administrative guidelines. These <br /> are referred to above as "Model Public Contract Rules." <br /> OAR 137 - 030 - 0104(3) is entitled "Notice of Award" and provides in part: <br />