OPA Appeal No. BP -A015.1 (CUC RFP 97-0002) In RE Request for Reconsideration of OPA Appeal Decision Filed by Pacific Marine & Industrial Corporation

Summary

This is request for reconsideration of an appeal decision arising from an RFP for the design, construction, and operation of a power generation facility on Tinian.  In the original decision, OPA determined it 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.  In requesting reconsideration, party claimed they should have “reasonable time” to review file before time for “know or should have known” begins.  Held, purpose of firm time frame in regulations intended to remove questions of timeliness and include sufficient time for diligent parties to examine files and determine whether claims exist.