Pacific Security Alarm, Inc. has filed a new court action against the Commonwealth Ports Authority over the alleged improper awarding of a contract to another company.
In its petition for judicial review, PSA asked the Superior Court to set aside CPA’s decision that affirmed denial of PSA’s protest of the contract award to AIC Marianas, Inc. for the installation and construction of the access system at the airport.
PSA, through attorney G. Anthony Long, requested the court to issue an order sustaining its bid protest.
PSA also sought court’s judgment that it be awarded its lost profits, costs in preparing the bid, pursuing the protest and other damages.
Long said CPA’s refusal to disqualify itself and to appoint an impartial decision-maker to determine the appeal constituted an abuse of discretion and violated PSA’s rights to due process of law.
Long said affirming the denial of PSA’s appeal should be reversed “as the final agency action is in excess of statutory jurisdiction, authority, or limitation or short of statutory rights.”
Long alleged that CPA’s decision “is arbitrary, capricious, and abuse of discretion or otherwise not in accordance with law.”
Court records showed that CPA determined PSA to be the next low responsible bidder. PSA’s bid was $1,526,170.
PSA filed a protest to set aside the project award to AIC.
But last Dec. 6, CPA Executive Director Carlos H. Salas denied PSA’s protest and indicated they would issue AIC a notice to proceed.
Salas said that because of the urgent nature of the security project particularly in light of the Sept. 11 terrorist attacks in the U.S., “a notice to proceed will be issued AIC to begin work on the project.”
Last January, PSA asked the court to issue an injunction preventing performance of the contract award to AIC.
“Allowing AIC to proceed with the contract violates PSA’s rights to due process and equal protection,” said Long in court papers.
But last February, Associate Judge Robert C. Naraja ruled that if an injunction was issued against defendants CPA and AIC, all work on the project would stop for an indefinite amount of time.
“This delay would jeopardize not only the security of the airport, but also the safety and welfare of the people of the CNMI. Thus, the balance of hardships tips sharply in defendants’ favor,” said Naraja in denying PSA’s motion for preliminary injunctive relief.
