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OPA orders new bidding for security services in 3 tour sites
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Posted on Apr 06 2000
The Public Auditor has chided the a finance department official for violating an existing law on procurement and supply by awarding a government contract to a private company despite its failure to meet essential requirements.
Public Auditor Leo LaMotte also ordered rebidding of the contract for the required security services in three tourist sites managed by the Marianas Visitors Authority.
The audit stemmed from a protest filed by All Around Security, Inc. alleging that the Procurement and Supply Director violated the CNMI Procurement Regulations when The Wackenhut Corporation was allowed to submit some documents after the opening of the bid.
According to Mr. LaMotte, TWC failed to submit three pieces of required information which were necessary to determine the acceptability of the bid for the purpose of providing security in MVA-handled tour sites.
In its audit report, OPA instructed MVA to terminate the contract awarded to TWC and solicit new bids for the required security services in three MVA tourist sites.
OPA said this remedy is the most appropriate because the maintenance of confidence in the integrity of the CNMI procurement system outweighs any possible benefit in allowing TWC to continue its contract.
The public auditor added that solicitation of new bids has been recommended because none of the present bidders were found responsive to the Invitation for Bid.
“Additionally, allowing the contract of a nonresponsive bidder to continue could impair the integrity of the competitive bidding process where, as here, the recommended remedy is still very feasible,” said Mr. LaMotte.
However, he recommended that TWC’s contract should not be terminated until the new contractor’s starting date considering the continuing need of MVA for the security service.
“In the spirit of fair competition, we suggest that MVA exclude from its solicitation all insignificant elements that have no relevance in determining the responsiveness of bids,” the public auditor stressed.
