No Agreement In Guam School Repair Procurement Appeal

Long-delayed Simon Sanchez rebuild continues as motion to dismiss appeal denied

By Haidee V Eugenio 

HAGÅTÑA, Guam (Pacific Daily News, April 20, 2017) – Core Tech International and the Department of Public Works couldn't come up with a joint stipulation to amend a request for proposal and dismiss an appeal related to the rebuilding of Simon Sanchez High School and repair of 34 other public schools.

If Public Works and Core Tech can't work out an agreement and the hearing officer doesn't grant a motion to dismiss, the formal hearing on the procurement appeal is set for 9 a.m. May 8.

Attorney Anthony R. Camacho, the public auditor’s hearing officer for Core Tech’s procurement appeal, said Thursday he’s taking Public Works’ motion to dismiss the appeal under advisement.

The Sanchez High project has been delayed for years.

Public Works filed a motion to dismiss Core Tech’s appeal by amending the request for proposals as Core Tech requested. Core Tech opposed the motion, saying Public Works’ concession doesn't resolve all the issues.

Assistant Attorney General Thomas P. Keeler, counsel for Public Works, said the agency has addressed the issues that Core Tech raised in its appeal, to include cost as an evaluation factor and to separate the rebuilding of Simon Sanchez and repairs at 34 other schools.

Joyce Tang, counsel for Core Tech, said the company's protest isn't about the exclusion of price, but the failure to consider best value. Tang said a full resolution of the appeal requires the public auditor’s determination the procurement of insurance and maintenance of the 34 schools isn't authorized under Guam law, among other things.

“I think the stipulation needs to have clear understanding what the law requires and not just saying we’re proceeding because we want to avoid delay, because that does not resolve the issue,” Tang said.

Public Works Deputy Director Felix Benavente said his agency has agreed to limit the request for proposals to Sanchez High and the development of a comprehensive capital improvement plan only. He said the agency has yet to begin preparing the second request for proposal for the 34 other schools.

Tang said she believes the government should use an invitation to bid instead of a request for proposals in the Simon Sanchez project. She also said there's still time to address procurement issues.

Public Auditor Doris Brooks asked Public Works whether there’s a change in the project amount when the Sanchez High and repair of other schools are separated. Keeler said there's no firm determination yet.

Pacific Daily News
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