DOE didn't comply with procurement law, says OPA

by Mindy Aguon

Guam - The Public Auditor has affirmed the Department of Education's decision to award a bid for student and teacher laptop computers to Softchoice.  In an order issued today, Public Auditor Doris Flores Brooks noted that Pacific Data Systems properly protested DOE's actions. PDS filed the protest, alleging the portions of the bids were tampered with after they had been submitted.

While DOE erred in complying with applicable provisions of the procurement law, Brooks found that it was in the best interest of the territory to affirm the award to Softchoice since nullifying that decision would result in a loss of $2 million in American Reinvestment and Recovery Act funding to the department. According to Guam law, the order is final and PDS cannot appeal or seek judicial review.