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| Decision Summary BP-A022: Sen Mauleg's appeal on DPH's procurement of outside ground maintenance services (July 12, 2000) - This is an appeal by Sen Mauleg Corporation (SMC) from the denial of its protest on the Department of Public Health's (DPH) procurement of outside ground maintenance services under ITB-00-0017. The Procurement & Supply (P&S) Director had earlier denied SMC's claim that it should have been awarded the contract, and sustained award of the contract to 3A's Ground Maintenance Services (3A's). Appellant asserts that: (1) 3A's was not selected by the Commonwealth Health Center's selection and evaluation committee; and (2) Appellant holds a valid contract and denying any remedies upon termination would be a breach of contract terms. We deny the appeal. We affirm the P&S Director's ruling that award to SMC violated Commonwealth of Northern Mariana Islands Procurement Regulations (CNMI-PR) Section 3-102(9), and that the contract should have been properly awarded to 3A's, as the lowest responsive and responsible bidder. Our review of CHC's selection justification showed no valid grounds to deny the contract award to 3A's. CHC did not raise any responsiveness or responsibility issue against 3A's, and also failed to show a reasonable basis for the selection of SMC, the next low bidder. Because award to SMC violated the CNMI-PR, SMC's contract is not valid under CNMI-PR Section 1-107, and therefore none of the contract provisions apply. As regards the Appellant's appeal for remedy, we find this argument to be moot since the P&S Director's decision had in fact awarded SMC appropriate remedies under Section 5-103(2)(a)(ii)[Remedies after an award]. We find nothing in this case that would outweigh the benefit of awarding the contract to the lowest responsive and responsible bidder in compliance with the CNMI-PR.
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