OPA Appeal No. BP-A015 (CUC RFP No. 97-0002) In RE Appeal of Pacific Marine & Industrial Corporation

Summary

This is an appeal from an RFP for the design, construction, and operation of a power generation facility on Tinian.  The CUC director failed to decide a protest during time limitation and party appealed non-decision to OPA.  CUC’s review committee shortlisted three proposals from six initial responses.  Losing proposer claimed contract awarded had different technical specifications than RFP called for, selection committee did not conduct any further negotiations with responsible offerors to determine best and final offers, deal finally negotiated by CUC was less advantageous than proposal made initially by protestor.  Protest filed months after notice of intent to award and over ten days after receipt of copy of contract.  Held, OPA lacks jurisdiction to decide merits of appeal where party failed to file protest of agency decision within ten days after aggrieved person knew or should have known of facts giving rise thereto.