THE Office of the Attorney General on Friday returned to the Office of Grant Management & State Clearinghouse the proposed contracts for the federally funded construction of four concrete pavilions on Saipan and Rota.
The pavilions will be located at the Koblerville Children’s Inclusive Park, the Pakpak Beach Park in San Antonio and the As Memos Park and the Pena Point Park on Rota.
Attorney General Edward Manibusan, in a letter, told OGM-SC Administrator Epiphanio E. Cabrera Jr. that the Division of Parks and Recreation has statutory duty to erect structures and facilities at Commonwealth parks. The control and supervision of the Commonwealth parks and recreational facilities are also with DPR.
The AG noted that the proposed contracts submitted by OGM-SC involve the construction of concrete pavilions along with related improvements. DPR, he added, has jurisdiction over the proposed projects.
However, he said “it is unclear on the basis of the contracts whether the Division authorized the projects.”
The contracts also identified the OGM-SC administrator as both the expenditure authority and the contracting officer for the Commonwealth, Manibusan said.
He added that the identification of the OGM-SC administrator as the contracting officer for the Commonwealth “appears to be overly broad.”
The AG said the director of Procurement Services may also be identified as a contracting officer, particularly with respect to his authority under the regulations. Furthermore, the Department of Public Works has statutory duty, among other things, to construct and maintain all public works and roads, the AG said.
“Suffice it to say that there could be more than one contracting officer associated with a contract, each with its own authority and limitations,” Manibusan said.
He said the contracts must be revised so that the signatory line for the contracting officer of the Commonwealth is deleted.
Doing so would make the contracts conform with the contract review process and procurement regulations, he added.
To minimize the risk of dispute, Manibusan said, the contracts should also be revised to specify that any material deviation from the contracts is subject to the approval of DPR given its jurisdiction over the proposed construction.
In addition, the AG said, if the OGM-SC has not already done so, it must obtain approval from DPR and DPW before proceeding with the projects.
