OPA Appeal No. BP-A008 (DPW96-RFP-007) Decision on Appeal of Pacific Security Alarm, Inc.

Summary

Appeal on request for proposals for the design-build of a specialty electrical system for the Saipan Judicial Complex. Contract awarded to bidder based on improper evaluation, however long passage of time and excessive costs to government for canceling award, OPA had no choice but to affirm improperly awarded contract.  Decision suggested losing bidder may be entitled to reimbursement for the cost of preparing its proposal and pursuing its protest and appeal, possibly including reasonable attorney fees but must submit its claim in a judicial setting which would determine the nature and extent of the CNMI Government’s liability.