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once you meet 40% which is a clear objective standard, once you meet that you are golden, you don't need to do anything other than that, and Mr. Louden will testify and he doesn't understand what the court wants him to do, if she wants him to proffer the testimony, and Ms. Dickens said she would like to save some time and she will accept the proffering of testimony if there is no objection from either side, and there was no objection, and Mr. De Armas said the proferring would be that he was prepared to do from 65% to 70% of the work in-house, that he was never told that he needed to do anything other than 40% that the put in 44% in order to meet the requirements, move in and just concentrate on the value of the bid. Mr. De Armas said he would like to address further undisclosed criteria which are contained in an affidavit that was presented as part of a response today by . Ms'. Dickens said that she does not have any scoring sheets, and Mr. De Armas said that there were none and that is why she does not have them, and that is exactly what the problem is. Ms.IDickens said that she is not saying that there was one but it seems that he is indicating that the City had a scoring sheet, and he said there was none, they are not telling us thatI they are going to qualify bidders and that is why there are no scoring sheets, no committeedno presentation, it is as simple as here, you are either responsible or you are not, and if you are responsible, we are going to give it to the low bidder, and again, that is black letter law. Mr. De Armas said that finally, he wants to be crystal clear that there is no finding of non-responsiveness, and the Code provision 62-9 makes it clear that Tran not only in fact is responsiveland responsible, but was found the juror to be responsible and responsive. Section 62-9 says that the City, if they had found Tran non-responsive, had certain obligations and conditions to meet, and it reads"If a bidder or offerer who otherwise would have been awarded a contract is found non- responsible, a written determination of non-responsibility, setting forth the'basis of the finding shall be prepared by the City Manager or the purchasing agent.", and thatwas not done, and therefore we have to assume that Tran is a responsible responsive bidder and certainly was the low bidder, and the only issue is whether the City at this point then is entitled to weigh and determine that one bidder is more responsible or more responsive then another. City of Sunny Isles Beach: Hans Ottinot, City Attorney for the City of Sunny Isles Beach. Action: City Attorney Hans Ottinot indicated that the Protestor's counsel raised several arguments that were not raised in the bid protest letter. Under the Procurement Code those arguments were not raised in the bid protest letter, those arguments are waived. Ms. Dickens said that is what it says in Section 62-15(A). City Attorney Ottinot said that the Protestor has failed to satisfy its burden, he has cited numerous cases that do not apply in this matter, has misstated facts( this case is not complicated, it is a very simple case. At issue is where the City has authority to accept a bid which is in the best interest of the City. The Protestor claims that the City does not have authority, in fact, the Protestor claims that the City is required to award a bid to a bidder who submitted the lowest price. The Protestor is wrong factually, and wrong in respect to the law. City Attorney Ottinot said that the City Code does not require that the City award a bid to the bidder with the lowest bid. He emphasized that price is only a factor in awarding a bid under Summary Minutes: Bid Protest 07-10-02 030308 Page 7 of 11