OPA grants appeal filed by DB Healthcare Inc.
(December 17, 2002)
This decision is on an appeal filed by DB Healthcare Inc. of Burlington, Massachusetts (DB Healthcare (USA)) from the denial of its protest by the Director of the Division of Procurement and Supply (P&S) pertaining to the solicitation for manpower services to provide nurses and other medical health care professionals to the Commonwealth Health Center (CHC) under Request for Proposals (RFP) 02-CHC-0092.
The Public Auditor grants the appeal. The Office of the Public Auditor (OPA) finds that (1) DB Healthcare (USA) and DB Healthcare (CNMI), Inc. (DB Healthcare (CNMI)) are distinct and separate legal entities; (2) DB Healthcare (CNMI) is within the Commonwealth and DB Healthcare (USA) is outside of the Commonwealth for purposes of RFP 02-CHC-0092 and Section 3-102(7) of the Commonwealth Procurement Regulations (CNMI-PR); (3) the proposal received by P&S via Express Mail on August 30, 2002 at 11:00 a.m. was submitted by DB Healthcare (USA); (4) DB Healthcare (USA) had provided Notice of Intent to Propose within the required time set forth in RFP 02-CHC-0092 and CNMI-PR § 3-102(7); and (5) the proposal DB Healthcare (USA) submitted on August 30, 2002, was within the additional 7 working days beyond the due date provided by RFP 02-CHC-0092 and CNMI-PR §3-102(7), and was therefore acceptable.
