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FEB -29 -2000 08:37 SD4J FACILITIES MANAGMENT 1 541 687 3686 P.08/24 <br /> February 23, 2000 <br /> Page 4 <br /> Thus the utilization in Section 9.3 of the Supplementary Instructions of the term "notice of <br /> award" means a written notice to all offerors of the Agency's intent to award the contract. It is <br /> therefore our conclusion that the notice of intent to award as sent by the District on January 28, 2000, <br /> constitutes a "notice of award" in accordance with the Supplementary Instructions 9.3 set forth <br /> above. It is our further conclusion that the time was shortened as permitted by OAR 137 -030- <br /> 0104(4) to three days and that the protest filed by ES &G was late and "shall not be considered." <br /> B. Objections to the Manufacturer's Qualifications <br /> Notwithstanding our opinion, you have asked us to evaluate the merits of the protest related <br /> to Manufacturer's Qualifications. <br /> The Request for Proposals (see Package A - Synthetic Turf- 00300 -1) states that OAR 125- <br /> 310 -0200 shall apply. Subparagraph (3) of that rule provides: <br /> "(3) Evaluation criteria to be applied in awarding the contract and the <br /> role of an evaluation committee are stated clearly in the solicitation <br /> document. Criteria used to identify the proposal that best meets the <br /> agency's needs may include but are not limited to cost, quality, <br /> service, compatibility, product reliability, operating efficiency and <br /> expansion potential, proposer qualifications and experience;" <br /> The Form provided for the proposers sets forth a detailed list of Selection Criteria. There is <br /> a Selection Criteria entitled "Manufacturer's Experience and Expertise." It provides as follows: <br /> "2.1 Experience of the proposer designing, manufacturing and <br /> installing synthetic field systems of this size and type of <br /> multi -use athletic field <br /> "2.2 Capacity to manufacture and deliver the quantity of synthetic <br /> turf material and accessories required for this project to meet <br /> the substantial completion schedule identified in Section <br /> 01010 1.2C. <br /> "2.3 List of similar projects manufactured by this proposer and <br /> installed in the Pacific Northwest during the last five years, <br /> provide names and phone numbers of at least one reference at <br /> each facility." <br /> This section is worth 10 points of the total 100 possible points that a proposer may obtain <br /> under the RFP. <br /> The Selection Committee exhaustively followed the Selection Criteria set forth in the RFP. <br /> Its analysis under the caption "Manufacturers' Experience" was scored by each of the four members <br /> of the Committee as follows: <br />