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| Decision Summary BP-A021: Appeal of All-Around Security Inc. in procurement of security services for MVA (April 4, 2000) - This is an appeal by All Around Security, Inc. (AASI), represented by its Legal Counsel Jesus C. Borja, from the denial of its protest pertaining to the procurement of security services for Marianas Visitors Authority (MVA) tourism sites under IFB-MVA-2002. Appellant alleges that the Procurement & Supply (P&S) Director violated the CNMI Procurement Regulations (CNMI-PR) when he allowed The Wackenhut Corporation (TWC) to submit certain bid documents after bid opening. AASI asserts that these bid documents were essential because they were characterized as "minimum requirements" in the bid solicitation. The Office of the Public Auditor (OPA) grants the appeal in part. We determined that the P&S Director violated CNMI-PR Section 3-102(9) when he awarded the contract to TWC despite its failure to supply an essential element of the bid requirement at bid opening. We direct MVA to terminate TWC's contract under CNMI-PR Section 5-103(2)(ii), and solicit new bids for its security services requirements. We believe that, absent any evidence of bad faith, this remedy is appropriate because: (1) the maintenance of confidence in the integrity of the CNMI procurement system outweighs any possible benefit in allowing TWC to continue its contract; (2) none of the present bidders were found responsive to the IFB.
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