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OPA upholds award of NMC Tinian project to Telesource
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Posted on Sep 14 1999
The Office of the Public Auditor yesterday upheld the Department of Public Works’ awarding of contract to Telesource CNMI. Inc. for the installation of two pre-engineered buildings for the Northern Marianas College’s Tinian campus.
OPA’s opinion on the Telesource contract was contained in a decision in which Public Auditor Leo LaMotte dismissed the protest filed by another bidder, Sablan Construction Company Ltd.
Sablan Construction had argued that Telesource should not be awarded the contract for the NMC project “because it failed to timely submit required bid documents.”
OPA investigation, however, found that the late submission of the required documents “was caused by an error in the distribution of the bid package by DPW.”
Among the documents in question were proposal form, non-collusion affidavit, equal employment opportunity certificate, and business license.
Telesource had explained that the bid package it had received from the public works department did not contain the “Instruction to Bidders,” which enumerates the documents required for submission.
Although the deadline for submission of bids was March 2 this year, DPW allowed Telesource to submit the lacking documents on March 31.
“Allowing Telesource to submit the lacking documents after opening of bids was only fair since the earlier error that caused its failure to submit the prescribed forms was not its fault,” LaMotte said.
Sablan Construction first brought the protest to the office of Procurement and Supply.
P&S denied Sablan Construction’s protest saying that “even though Telesource’s bid was not submitted in the required forms, it was in compliance in all material respects with the requirements of the [Invitation to Bid.]”
Telesource, which was selected from among seven bidders, signed the contract with the government last July 27.
Despite Sablan Construction’s pending appeal, P&S approved the processing of the contract “based on DPW’s assertion that there was an urgent need to complete the project for the students and faculty of NMC Tinian.”
The Tinian college project is expected to be completed on Feb. 4, 2000. (MCM)
