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| Decision Summary BP-A026: Appeal by IBSS concerning procurement of a medium volume copier for Department of Public Health (October 9, 2001) - This decision is from an appeal filed by Island Business Systems & Supplies (IBSS) of the denial of its protest by the Director of Procurement and Supply (P&S) concerning a procurement of a medium volume copier for the Department of Public Health. In its appeal, IBSS questioned P&S' decision to draw lots to break the tie between Xerox and IBSS. IBSS believes that copier speed is a valid and logical criteria in which to determine the selected vendor. IBSS further questioned P&S' use of competitive sealed bidding when bids were actually requested via facsimile and not published in the newspaper. We deny the appeal. We find that IBSS' and Xerox' bids are equal, and that both companies' copiers meet the specifications. We hold that drawing by lots is appropriate in this case where there are equally low bids. P&S failed to comply with the CNMI-PR by not publishing the solicitation as required by the CNMI-PR, however, we find the issue irrelevant since no prejudice to IBSS was shown. In this particular instance, cancelling the solicitation or revising it to comply with the regulation would serve no useful purpose.
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