Decision

OPA allows MHS to keep air conditioners, recommends disciplinary actions

(May 18, 1998) - OPA released its decision (#BP-A014.1) on the requests of JWS Air Conditioning and Refrigeration and the Public School System to reconsider its earlier decision (#BP-A014) to terminate the contract with JWS and have the air conditioners removed from the Marianas High School due to violations of the PSS Procurement Regulations (PSSPR).

MHS can keep the air conditioners, but these will not be operational until the electrical system is upgraded.

OPA determined that the violations in this particular procurement were not of such significance as to warrant the drastic remedy of directing the removal of the air conditioners installed at MHS by JWS. The decision stated that inappropriate actions or inactions of certain PSS and MHS personnel should not be tolerated because the integrity of the procurement process is at stake.

OPA recommended that the PSS Commissioner consider imposing administrative disciplinary sanctions against the persons responsible for the violations of the PSSPR mentioned in the earlier appeal decision, and for allowing JWS to continue performance of its contract after the protest was filed.

In the earlier decision, OPA stated that completing the installation of the 118 air conditioners in order to make them operational is dependent on the final completion of the upgrade of MHS' electrical system. An electrical engineer of the Commonwealth Utilities Corporation projected that the upgrade will be completed in August 1998.

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