Torres: Not too fast •Sole-source prison deal may result in lawsuit

The administration has been warned against entering into a sole source contract for the construction of the $17 million new prison because of potential lawsuit from local contractors.

In a letter to Tenorio, former congressman Stanley T. Torres explained rushing into sole sourcing in order to fast track the construction of the jail facility may only court trouble for the Commonwealth, similar to the Hai-tai deal entered into by the previous administration.

The construction agreement for the prison facility with the Korean firm, contracted through sole source by former governor Froilan C. Tenorio, was however disapproved by the Legislature on grounds that it was highly questionable. Local contracts have also challenged the deal.

“To sole source the project will just result in a lawsuit from local contractors and will ultimately delay the project. Whether true or not, there will be detractors who will say that someone is getting paidoff or special treatment for the project,” Torres said.

The governor has previously said he would back proposals of legislators to waive procurement regulations for the prison project in order to expedite its construction.

Last week’s siege of the male detention center of the Division of Corrections in Susupe by inmates protesting inhumane conditions inside the facility has only underscored the need to speed up the project for a modern facility.

In quick reaction to the prison standoff, the Senate approved appropriation for the prison facility and authorized the governor to use his powers to sole source the contract.

Unsanitary conditions and overcrowding inside the prison have worried federal officials because of potential lawsuit from inmates, and US authorities have prodded the local government to implement improvements that would meet at least the minimum federal requirements.

The poorly secured and dilapidated corrections was built years ago to accommodate 32 prisoners, but it is now home to almost 100 inmates.

Even before the hostage incident, the first ever on Saipan, the Commonwealth has been confronted with difficulties pumping money into the upgrading of the correctional facility. Heinz said close to $1 million have been spent to improve the existing facility while CNMI has yet to built a permanent prison.

Lack of local funds in the past to match federal infrastructure grants has imperiled the plan, now considered a priority under a seven-year master plan for Capital Improvement Projects.

According to Torres, the government should hire professionals in drafting an RFP to ensure compliance with the procurement regulations and avoid possible questions on favoritism and payoff.

“Designing and constructing a prison facility is extremely specialized work and if we’re not careful we could end up with a piece of junk facility,” Torres warned.