This decision is from an appeal filed by Hawaiian Rock Products Corporation (HRPC) from the denial of its protest by the Division of Procurement and Supply (P&S) Director concerning the paving of the Susupe Sports Complex parking lot and a residential road in Capitol Hill, Saipan.

In its appeal, HRPC asserts that (1) the P&S Director's decision improperly rejected HRPC's claim that it was low bidder, (2) the P&S Director's decision to not disqualify Western Equipment, Inc. (WEI) was contrary to the bid instructions, and (3) the award was not to a responsible bidder. HRPC requests the Public Auditor to overturn the ruling of the P&S Director and award the contract to the lowest responsible bidder.

The Public Auditor denies the appeal. Although we have determined that HRPC filed a timely protest on the low bidder issue, we find that WEI was in fact the lowest bidder under the IFB based on the criterion set forth in addendum 2, and sustain the P&S Director's finding that WEI was also a responsible bidder, in the absence of any showing that he abused his discretion.

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