The Office of the Public Auditor, in a 22-page decision, stated that Borja’s decision to reaffirm the validity of the contracts awarded pursuant to the request for proposals was in the best interest of PSS.
“OPA recognizes the difficulty in soliciting and managing such an extensive procurement when it appears that one contractor cannot be retained to manage the entire food service needs for all of the schools participating in the food service program in Saipan,” Sablan said
OPA recommends that “the existing contracts be extended, if necessary, under the existing procurement, only for the limited time it would take to effectively and properly conduct the new procurement.”
But Sablan said in issuing new procurement, PSS should consider and address the concerns raised in the appeal.
Barny’s president, Jimmy Ham, last year asked Borja to allow his company to provide more meals to PSS.
Ham believes that the evaluation committee only looked at the total area of Barny’s facility and did not consider other factors like the caterer’s previous performance, financial capabilities, kitchen and cooking equipment capabilities, sanitation compliance, and completeness of the submission proposals.
Barny’s was superior to the other proposers, Ham said.
The other vendors— Kalayaan and Auntie Mag’s — said Barny’s appeal should be dismissed.
PSS awarded a $1,512,220 contract to LSG. MV Reyes received a contract worth $987,689; Kalayaan, $918,073; Auntie Mag’s, $832,764; and Barny’s, $851,960.
