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| Decision Summary SCCL's appeal on award of NMC building contract to Telesource denied (September 10, 1999) - This is an appeal by Sablan Construction Company, Ltd. (SCCL), represented by its Legal Counsel Brien Sers Nicholas, from the denial by the Director of Procurement & Supply (P&S) of its protest on the Department of Public Works' (DPW) Invitation to Bid (ITB) No. DPW99-IFB-005 pertaining to the construction of two pre-engineered buildings for the Northern Marianas College (NMC) Tinian campus. Appellant SCCL argued in its protest that Telesource CNMI, Inc. (Telesource) should not be awarded the contract for this procurement because it failed to timely submit required bid documents. The P&S Director denied the protest and ruled that Telesource's original bid submission, even though not in the required form, was in compliance in all material respects with the requirements of the ITB. The appellant raises the same protest arguments in its appeal and also alleges that the selection of Telesource was arbitrary and capricious. We deny the appeal. We conclude that the failure of Telesource to timely submit required documents was caused by an error in the distribution of the bid package by DPW. Allowing Telesource to submit the lacking documents after opening of bids was only fair since the earlier error that caused its failure to submit the prescribed forms was not its fault. As regards SCCL's allegation that the selection of Telesource as the lowest responsive and responsible bidder was arbitrary and capricious, no facts were presented to support this allegation.
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