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| Decision Summary BP-A022.1: Sen Mauleg's request to reconsider decision on DPH procurement (August 25, 2000) - Sen Mauleg Corporation (SMC) requested the Office of the Public Auditor (OPA) on July 21, 2000 to reconsider its Appeal decision no. BP-A022 which denied SMC's appeal concerning the Department of Public Health's (DPH) procurement of outside ground maintenance services. OPA Appeal decision no. BP-A022 affirmed the Procurement & Supply (P&S) Director's ruling that: (1) DPH's award to SMC violated Section 3-102(9) of the Commonwealth's Procurement Regulations (CNMI-PR), and (2) the award should have been made to 3A's, as the lowest responsive and responsible bidder in this procurement. OPA determined that neither SMC's appeal arguments nor the selection justification raised any issue of responsiveness or responsibility with reference to 3A's. In its appeal decision, OPA also concluded that because the award to SMC violated the CNMI-PR, SMC's contract was not valid under CNMI-PR Section 1-107 and therefore none of its provisions apply. SMC's contract was held to be terminated under CNMI-PR Section 5-103(2)(a)(ii) which afforded SMC reasonable compensation. In its reconsideration request, SMC questions anew 3A's responsiveness and responsibility by claiming that the average number of 3A's employees for the last three years is only three, and not six as stated in 3A's bid. According to SMC, its conclusion is based on the information it gathered from public records showing that 3A's had five employees (including two "endorsements") from January 1998 to January 1999, and only three employees for the year 2000. SMC asserts that this finding raises a question whether 3A's is a "responsive responsible bidder," and asks OPA to consider this information in reviewing its appeal decision.
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