THE Guam Department of Education has only itself to blame if it loses the federal funding for capital improvement projects because of its delayed action on a bidder’s protest, according to the Office of Public Accountability.

OPA has denied the education department’s motion to expedite a decision on its plea for the dismissal of Allied Pacific Builder’s protest against the selection of Mega United and J&B Modern Tech for repair and roof-coating jobs for four public schools.

In asking OPA to act expeditiously on its motion to dismiss, GDOE said the funding for the project must be obligated before the Sept. 30 expiration.

“Had GDOE followed the law, this delay would not have occurred and this matter would likely have been decided before the Sept. 30 deadline that now threatens the [invitation for bid] funding,” OPA said in a June 14 decision.

The disputed solicitation will be funded through the $55 million American Recovery and Reinvestment Act (ARRA) grant earmarked for several GDOE capital improvement projects. Vice Speaker Benjamin Cruz in an earlier press release said GDOE may forfeit the ARRA appropriations because of the “numerous procurement challenges.”

At stake in Allied Builder’s protest 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.

Sat on it

OPA noted the bidder’s complaint was filed on Jan. 5 but GDOE sat on it for almost three months in violation of its mandate under the Guam Procurement Act to resolve a protest within 10 days after its filing.

“If a protest is not resolved by mutual agreement, the head of the purchasing agency shall promptly and expeditiously issue a decision in writing,” OPA said. “GDOE did not render a decision until three months later.”

The Education Department denied Allied Pacific’s appeal on April 3.

OPA rejected GDOE legal counsel Rebecca Perez’s argument that the projects solicited in the protested bidding “are the type that the Legislature has determined worthy of expedited procurement procedures” under Public Law 31-40.

But OPA pointed out that P.L. 31-40, which went into effect on March 28, does not apply retroactively to Allied Pacific’s case.

OPA said the law applies to protests filed after March 28. Allied Pacific’s complaint did not reach OPA until April 17.

In its complaint, Allied Pacific claimed Mega United and Mega Tech were not qualified to participate in the bidding because they were not licensed properly and that their classifications did not match the requirement of the scope of work for the project.