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| Decision Summary BP-A023: Appeal from failure of P&S Director to decide on CNMI NAP solicitation for issuance agents protest (January 25, 2001) - This is an appeal by Rosario B. Aldan, represented by her legal counsel Joseph Aldan Arriola, from the failure of the Director of Procurement and Supply (P&S) to decide on her protest on the CNMI Nutrition Assistance Program's (NAP) solicitation for issuance agents. The P&S director directed the cancellation of ITB00-0054 after determining that it violated CNMI-PR Sections 3-201(1) and 3-102(f). This led the P&S director to nullify Aldan's protest and all her protest grounds. In her appeal, Aldan made a number of allegations, including a claim that the P&S director acted beyond his authority in cancelling an "award." In addition, Aldan alleges that the P&S director and one of the bidders, Nora Sablan d.b.a. Anaks, are close relatives, thereby creating a conflict of interest. We deny the appeal. Our review showed that (1) the P&S director has a valid basis and the authority to cancel ITB00-0054 under Sections 3-201(1) and 3-102(1)(f), because ITB00-0054 failed to sufficiently describe the needs of NAP to allow bidders to properly respond to its solicitation, and (2) Aldan failed to present any evidence to establish that Nora Sablan is an immediate family relative to the P&S director, as defined under Section 6-101(6). As a result of the cancellation of ITB00-0054 and the decision to re-issue a new solicitation for this procurement, Aldan's appeal, together with all her other appeal grounds, becomes moot.
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