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OPA reaffirms earlier decision on Tinian Power Plant appeal

(July 20, 1998) - OPA released Decision No. BP-A015.1 reaffirming its findings and legal conclusions in an earlier decision on the appeal of Pacific Marine and Industrial Corporation (PMIC), one of the proposers on the Tinian power plant project processed under CUC's Request for Proposals (RFP) No. 97-0002.

This recent decision was in response to PMIC's request for reconsideration filed with OPA following the denial of its earlier appeal to OPA. In its decision on the reconsideration request, OPA concluded that PMIC's arguments provide no basis for a reconsideration of the earlier decision, referenced as Decision No. BP-A015, because those arguments have neither persuaded OPA that its appeal decision contained errors of fact or law, nor was it presented new information which would warrant reversal or modification of its decision. Accordingly, PMIC's reconsideration request was denied in its entirety.

OPA stated that in order to obtain reconsideration of an appeal decision under the CUC Procurement Regulations (CUCPR), the requesting party is required to present a detailed statement of the factual and legal grounds upon which reversal or modification is deemed warranted, specifying any errors of law or information not previously considered.

In its earlier decision, OPA denied PMIC's appeal because PMIC did not timely file its protest with the CUC Executive Director pursuant to CUCPR Section 5-101(1)(a), which requires that the protest be received by the Executive Director in writing within ten days after the aggrieved person knows or should have known the basis of protest.

Download Decision No. BP-A015.1 (109K)
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