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FEB -29 -2000 09:37 SD4J FACILITIES MANAGMENT 1 541 687 3686 P.07/24 <br /> February 23, 2000 <br /> Page 3 <br /> "(3) Notice of Award. <br /> "(a) Unless otherwise provided in the Solicitation Document, the <br /> Agency shall provide written notice to all offerors of the Agency's <br /> intent to award the Contract. The Agency's notice of award shall riot <br /> be final until the later of the following. (i) fourteen days after the date <br /> of the notice, unless otherwise provided therein; or (ii) until the <br /> Agency provides a written response to all timely filed protests that <br /> denies the protest and affirms the award...." [Emphasis added] <br /> OAR 137- 030 - 0104(4) is entitled Right to Protest and provides in part: <br /> "(4) Right to Protest. <br /> "Any offeror (i) who has submitted an offer to the Agency and (ii) <br /> who is adversely affected by the Agency's contract award to another <br /> offeror has 14 days after issuance of the notice of intent to award the <br /> contract, unless a different protest period is provided under the <br /> Solicitation Document, to submit a written protest of the award to the <br /> Agency. The Agency shall not consider a protest submitted after <br /> the time period established in this rule or such different period as <br /> may be provided in the Agency's solicitation." [Emphasis added.] <br /> In the Synthetic Turf Supplementary Instructions to Proposers Document 00120 -4, it is <br /> provided: <br /> "9.3 Protest of Award <br /> "Any actual proposer who is adversely affected by the Owner's notice <br /> of award of the contract to another proposer on the same solicitation <br /> shall have 3 calendar days from the notice of award to submit to the <br /> Owner, a written protest of the notice of award. In order to be an <br /> adversely affected or aggrieved proposer with a right to submit a <br /> written protest, a proposer must itself claim to be eligible for award <br /> of the contract as the best proposer and must be next in line for <br /> award." [Emphasis added.] <br /> The ES &G protest claims that the Solicitation Documents in 9.3 used the term "notice of <br /> award" and the School District's letter was deficient because it was not a "notice of award ". The <br /> notice sent by the School District on January 28, 2000, stated that: <br /> "This notification serves as the Intent to Award as specified in the <br /> R.R.Y." <br /> The caption and first and second sentences of OAR 137 030 - 0104(3) must be read together, <br /> Such a reading yields the conclusion that a "notice of award" is a written notice to all offerors of the <br /> Agency's intent to award the contract and that the terms are interchangeable. <br />