The committee said GPCC Inc. did not file an “appropriate” appeal.
GPPC was awarded the generator contract in July despite a protest filed by a competitor, Seafix Inc.
However, CPA later decided to cancel the contract and announce a new request for proposals.
On Sept. 12 GPPC filed an appeal with the committee.
The $2.1 million project is for the procurement and installation of a new generator.
“Since Seafix Inc., the only party to file a written protest with the [CPA] executive director, has not filed an appeal then the GPPC’s submission before the committee is not an appropriate appeal and the committee has no further basis to review the matter,” according to appeals committee’s three-page decision signed by CPA board members Thomas P. Villagomez, Benigno M. Sablan and Fermin M. Sakisat.
GPPC has said that CPA’s “decision to cancel the RFP is not in the best interest of the CPA.”
According to the appeals committee, however, CPA regulations state that “a written appeal to the committee from a decision of the executive director may be taken provided that the party taking the appeal has first submitted a written protest to the executive director as provided in the procedures, and the executive director has denied the protest or has failed to act on the protest within the tie provided for in the regulation.”
The only party that filed a written protest with the executive director was Seafix Inc.
“GPPC never filed any written protest,” the committee stated. “Furthermore, then 10-day period for filing a written protest from the decision has now long expired.”
If GPPC had a basis to protest the determination that it was CPA’s best interest to cancel the RFP, the company should have filed a protest with the executive director which it did not, the committee added.
CPA earlier solicited proposals for the design, construction of the airport’s generator and power upgrade.
In an interview, CPA acting Executive Director Ed B. Mendiola yesterday said they will push through as scheduled on the procurement of a third backup generator for the airport.
The committee’s decision, he said, will be formally adopted by the board in its next meeting.
The Federal Aviation Agency will fund for the airport’s third backup generator.
