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| Decision Summary BP-A021.1: Request for reconsideration of decision in MVA's security service procurement (June 13, 2000) - The Wackenhut Corporation (TWC) requests reconsideration of our decision, In re All Around Security Services, Inc. (AASI), BP-A021, April 5, 2000, granting in part the appeal filed by AASI from the denial of its protest by the Director of Division of Procurement & Supply (P&S). We deny the reconsideration request. Our earlier decision directed the termination of TWC's contract and the re-solicitation of Marianas Visitors Authority's (MVA) security service needs. OPA concluded that the P&S Director violated CNMI Procurement Regulations (CNMI-PR) Section 3-102(9) in awarding the contract to a non-responsive bidder. TWC's reconsideration request contends that: (1) OPA erred in its application of the legal standard on bid responsiveness; (2) the three items lacking from its bid are not material Invitation for Bid (IFB) requirements; and (3) its bid signified an intent to be bound. TWC's reconsideration arguments (1) have not persuaded us that our appeal decision contained errors of fact or law, (2) fail to present information not previously considered, and (3) are lacking in merit to warrant reversal or modification of our decision. We find nothing in TWC's arguments to convince us that its bid is an unequivocal offer to perform all material terms and conditions of the solicitation. OPA affirms its recommendation to terminate TWC's contract under CNMI-PR Section 5-103(2)(a)(ii), and to issue a new solicitation for this procurement. Upon termination of its contract, TWC would be entitled to payment for actual expenses incurred and reasonable profits prior to termination.
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