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FEB -29 -2000 08:38 SD4J FACILITIES MANAGMENT 1 541 687 3686 P.10/24 <br /> February 23, 2000 <br /> Page 6 <br /> the award to the "best, responsive and responsible proposer. OAR 137- 030 - 0090(1). In the Oregon <br /> case of Schlumberger Technologies, Inc. v, Tri - County Metropolitan Transp. Dist. Of Oregon (Tri- <br /> Met), 145 Or App 12, 929 P2d 331 (1996), rev den 325 Or 80 (1997), the court examined that part <br /> of ORS 279.029(6)(a), that defines the "lowest responsible bidder" as the bidder who has <br /> "substantially complied with all the prescribed public bidding requirements. The Oregon courts have <br /> further held that a contracting agency's determination of the lowest responsible bidder is the broad <br /> but not unlimited exercise of bona fide judgment based upon the facts reasonably to support the <br /> agency's determination." Hanson v. Musser, 247 Or 110, 427 P2d 97 (1967). The Hanson court <br /> went on to state that in the absence of fraud or gross abuse the court will not interfere with the <br /> exercise of discretion by the administrative boards or officers and their determination of the lowest <br /> responsible bidder. <br /> It is my understanding that in an abundance of caution, the District requested that the <br /> proposer Bones prepare, under ORS 279.029(1) and (6)(a), (b), (v), as modified by SB 271, <br /> additional information to establish responsibility prior to contract award by requesting the proposer <br /> promptly respond to requests for information, which the proposer has done relative to other fields, <br /> and that the District is satisfied with that additional information. <br /> C. Pretest Related to Objections to the Installer's Oualifications <br /> D. Protest Related to Objections as to the Form of Warranty Submitted <br /> The Selection Committee and administration officials have reviewed the installer's <br /> qualification protest and the warranty protest and find same without merit. I make no comment <br /> herein. <br /> CONCLUSION <br /> In conclusion, the protest is not timely and should not be allowed_ If it were it should also <br /> not be allowed for lack of merit_ <br /> Very trul ours <br /> ' sbert-I. ..: <br /> RHF: jb <br />