OPA Voids Guam Airport’s Custodial Service Contracts

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GIAA awarded contract while protest by vendor was pending

By Mar-Vic Cagurangan

HAGÅTÑA, Guam (Marianas Variety Guam, Oct. 31, 2013) – The Office of Public Accountability (OPA) has voided the Guam International Airport Authority's (GIAA) custodial service contracts, and admonished them for awarding the contracts while a protest was pending.

The OPA’s decision was based on a protest filed by K Cleaning Services, which contested the airport’s rejection of the company’s bid proposal for custodial services.

Although K Cleaning lost the argument that the bidding documents and instructions were "confusing and ambiguous," the OPA admonished the airport authority for "its disregard of the automatic stay."

The OPA said the airport violated the automatic stay when it issued the notice of award to other bidders on May 2 "prior to final resolution of K Cleaning’s protest procedures."

Out of nine bidders, four companies received purchase orders. The list of the winning bidders was not available at press time.

While voiding the award of the contracts, the OPA’s decision was not clear on whether the airport authority would be required to re-bid the custodial services.

Parties to the case have 14 days to appeal the OPA’s decision to the Superior Court.

A total of 11 companies submitted bid proposals for the janitorial services contract on March 29, but GIAA accepted only nine and rejected three – including that of K Cleaning – because they were determined to have been submitted late and turned in to "the wrong location."

K Cleaning submitted its bid package to a staff representative at the conference room at 1:30 p.m. on March 29, but GIAA said the bid documents should have been turned in to the airport executive manager’s office by 2 p.m. on Feb. 15.

In an appeal filed May 8, K Cleaning said the confusion regarding the time and location for bid submission was created by conflicting instructions in the invitation for bids.

The OPA, however, agreed with the airport authority on the clarity of the bid instructions, that K Cleaning could have avoided its mistake had it sought clarification.

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