H.B. 17-80, which will amend the CUC privatization law, P.L. 16-17, was rejected by the governor because of the Senate amendments, according to Rep. Stanley T. Torres, Ind.-Saipan and the bill’s author.
He said the Senate “put back all the procurement process provisions that CUC wants removed.”
He said his bill aims to give CUC “flexibility” in privatizing its services and will repeal the current provision of P.L. 16-17 requiring CUC to get the services of the U.S.-certified contractor.
P.L. 16-17 became law in Oct. 2008 after the previous Legislature overrode the governor’s veto.
Fitial, in his veto message on Wednesday, said H.B. 17-80 may force CUC to issue an invitation for bid “unless the attorney general, under penalty of perjury, confirms that 1) the request for proposal is the most appropriate means for a specific form of Private Sector Assistance Agreement, and 2) such RFP complies with CUC procurement regulations, CNMI and federal laws.”
Fitial said while an invitation to bid is acceptable when purchasing very specific items, the procurement of an entire power plant requires the evaluation of the cost per kilowatt hour, guaranteed reliability and performance, cost savings in diesel and fossil fuel and cost savings or benefits in other areas to the CNMI.
Torres said he has already drafted a new bill that he will introduce in the next House session.
