THE Office of the Public Auditor has denied a bidder’s request for reconsideration on an appeal decision regarding the government’s intent to award a computer programming services contract to another business.
Marianas Information Technology Corp. or Maritech requested OPA to reconsider its earlier decision that favored the contract award to A.O. Enterprises.
The needed computer programming services are to be done for the Customs Services Division’s office.
Maritech’s contentions in its request for reconsideration go towards its original allegation that A.O. Enterprises fails to meet the responsibility determination because its employees and agents are ineligible to work in the CNMI.
Public Auditor Mike Sablan, in a three-page decision issued on Tuesday, said Maritech’s argument has not convinced OPA that its earlier appeal decision contained errors of fact or law which warrant reversal or modification of its decision.
Sablan said the position of both the Department of Labor and Immigration and the Attorney General’s Office is that U.S. green card holders are included in the definition of “resident workers” in that they are “legally residing without restrictions as to employment in the Commonwealth.”
“As such, Procurement and Supply lacked a basis for finding that A.O. Enterprises could not pass the responsibility determination, and OPA finds no reason warranting reconsideration on this ground,” said Sablan.
The public auditor also said Maritech’s due process rights have not been compromised.
OPA, thus affirmed its findings of fact presented in its earlier appeal decision, as well as its legal conclusions based thereon.
“Maritech’s request for reconsideration is denied in its entirety,” said Sablan.
