OPA Appeal No. BP-A014.1 (PSS IFB 97-0019) Decision on Request for Reconsideration of OPA Appeal Decision filed by JWS Air Conditioning & Refrigeration and the CNMI Public School System

Summary

Request for reconsideration of OPA decision to terminate of contract under an IFB for installation of air conditioning units for PSS and have delivered units removed.  PSS and awardee seek reconsideration stating termination would have serious financial consequences and delays for PSS and is not in best interest, that violations of regulations not material, and that OPA lacked jurisdiction because appellant not an interested party. Held: contract should be ratified notwithstanding procurement violations because of hardship to government if cancelled outweighs violations of procurement regulations; PSS should have taken reasonable steps to stop performance of contract during appeal process during appeal; appellant is an interested party even though not the next bidder “in line” because he was aggrieved in so far as he was a bidder and has an interest in ensuring fair and equitable treatment of persons in procurement system and might qualify for selection if the contract were terminated and re-solicited; OPA jurisdiction over reconsideration exists over issues not included in original protest so long as OPA had jurisdiction over appeal.