THE Guam Department of Education said it is at risk of forfeiting the funding allotment for the repairs of four public schools, which are currently on hold due to a protest filed by a bidder.

The education department has asked the Office of Public Accountability to dismiss Allied Pacific Builder’s protest and to act expeditiously, saying the funding for the project would expire on Sept. 30 if not obligated before the end of the fiscal year.

At stake are the structural repairs and roof coating for Luis Untalan Middle School, BP Carbullido Elementary School, HB Price Elementary School, and George Washington High School. The funding amount and the project cost were not available as of press time.

Mega United and J&B Modern Tech were selected to perform the tasks but GDOE has stayed the procurement process pending OPA’s decision on Allied Builder’s complaint filed Jan. 5. OPA is scheduled to hear the case on July 2.

Allied Pacific General Manager Genario Danila claimed the two selected companies were not qualified to participate in the bidding because they were not licensed properly.

GDOE, however, rejected Danila’s appeal, saying his protest was “not sufficient” to reverse the department’s decision.

“The [invitation for bid] did not require bidders to have any special licensing or classifications in order to bid, only that work under the IFB is performed by a certified contractor,” GDOE supply manager Marcus Y. Pido said in response to Allied Pacific’s appeal.

Qualifications

The protestor also claimed Modern Tech falls under the “epoxy-only” classification, and is therefore unqualified to perform “epoxy injection,” which is the scope of work for the project.

Pido, however, said bidders would be allowed to subcontract such work. “The qualifications and classifications of a bidder, taken alone, would not necessarily disqualify a bidder as non-responsive or not responsible to the IFB,” he said.

Danila also questioned the bid price basis. "The bid package specified that the area should be based on project site and plans," he said. "The square footage of the cost they submitted for the roof coating alone does not conform to the required area to be coated."

But Pido noted that in an earlier case, OPA has ruled that "project scope, specifications and drawings contained in the IFBs are precise enough to allow prospective contractors to submit a competitive sealed bid."

In seeking an expedited decision, GDOE legal counsel Rebecca Perez said the projects solicited in the protested bidding “are the type that the Legislature has determined worthy of expedited procurement procedures.”

Given the deadlines set in the budget law, “the time-sensitive nature of the funds available for this procurement” warrants a quick action, Perez said.