GCIF to file appeal in JFK High case - KUAM.com-KUAM News: On Air. Online. On Demand.

GCIF to file appeal in JFK High case

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by Mindy Aguon

Guam - The Guam Community Improvement Foundation intends to file an appeal of a decision handed down by Superior Court Judge Arthur Barcinas.  The judge on Wednesday issued an order in the GCIF's litigation against the Office of the Public Auditor as the organization was fighting the government's selection of International Bridge Corporation as the most qualified offeror for the finance, design and construction of the new John F. Kennedy High School campus. 

Judge Barcinas found that the GCIF had not exhausted all administrative remedies under Guam's procurement laws to bring the matter before the court.  He also found that because a contract has not officially been awarded, as the GCIF's protest was filed while the government was in the midst of negotiations with IBC, the Public Auditor has a duty to keep all of the proposals the government received in response to the request for proposal under seal. 

The GCIF had attempted to have the judge make the proposals for the bid public.  While JFK High students, faculty and stakeholders were elated with the judge's quick decision, that excitement was short-lived. GCIF legal counsel Attorney Randy Cunliffe confirms with KUAM News that his client does intend to pursue an appeal of the judge's decision.  Cunliffe says his client has 30 days to file a notice with the Guam Supreme Court.  The appeal will further delay the government's award of the contract for the new JFK and result in students and faculty continuing to have classes at another location as the Upper Tumon campus was shut down two years ago due to health and safety violations. 

JFK social studies teacher Angelo Andres is disappointed that the company will pursue the appeal.  He stated, "I hope if it does move to the Supreme Court, that the Supreme Court looks at this matter real soon and finds that there is no merit and upholds the superior court decision."

JFK senior Min Kim chimed in with, "I don't know when this whole battle is going to finish."

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