OPA Appeal No. BP-A013 (CNMI Judiciary RFP 97-10) In RE Appeal of Joeten Motor Company, Inc.

Summary

Appeal based upon an RFP for purchase of minivans for judiciary.  One offeror submitted a proposal.  Competing auto dealer filed protest, then appeal, based on defective announcement of RFP, change in quantity from RFP to contract, failure to obtain competitive price.  Held: party who failed to bid on solicitation may have standing to challenge for defective announcement or publication, Judiciary lacked authority to administer its own procurement function, no written justification to issue RFP instead of preferred ITB method, shortened notice period of less than thirty days not justified, comingling of RFP announcement with job announcements was improper, increased quantity of ordered vans (12) differed sufficiently from advertised quantity (3-5) was improper – additional amount should have been resolicited, impending lapse of funds available is not a justifiable excuse to shortcut or bypass any procurement rules or regulations.