OPA issues decision & order in JFK case

by Nick Delgado

The Guam Office of Public Accountability has denied the Department of Public Works' declaration of substantial interest that would have allowed the agency to proceed with the awarding of the contract to International Bridge Corporation to construct a new John F. Kennedy High School.

DPW filed the declaration of substantial interest last month, arguing that the contract be awarded without delay to protect the substantial interest of the Government of Guam.  Despite the ongoing protest by the Guam Community Improvement Foundation, DPW contends that GovGuam's substantial interest includes a delay in the reconstruction of JFK High, legal mandates requiring GovGuam to provide an adequate education, legal mandates requiring the timely reconstruction of the campus, hardships caused by double-sessions at George Washington High School, disruption of phases of JFK's education program, inadequacy of the temporary JFK campus in Tiyan, possible increases or the ability to obtain financing for the project, possible damage of GovGuam's relationship with investors, and possible increases in labor materials and labor shortages.

The Guam OPA decision states while the appeal process will take approximately three months, the delay is minimal and these mere allegations do not justify award of the contract without delay.  It also states that if the project is awarded in December 2009, then it could be completed by September 2010.

If not, the decision states that the Department of Education could continue to use the interim campus at Tiyan or temporarily transfer students to other public high schools until the project is complete.