THE Department of Public Works’ selection of the International Bridge Corporation to build the new John F. Kennedy High School has survived two protests, filed by the Guam Education Finance Foundation and Guam Community Improvement Foundation.
The Office of the Public Accountability and the Superior Court have rendered decisions in favor of IBC’s position, which should have paved the way for DPW to officially award the contract to the selected company.
The contract awarding, however, is hanging fire due to bond counsel Stanley Dirks’ refusal to issue an unqualified opinion. Mr. Dirks fears another lurking protest that might spring up once the contract is awarded to IBC. As a result of such paranoia, the promise to break ground at JKF’s old campus in Upper Tumon is not about to be fulfilled any time soon.
One alternative, according to Gov. Felix P. Camacho, is to abandon the existing request for proposal and go back to the drawing board. This would, of course, further prolong the agony of JFK students, who have to make do with their temporary campus in Tiyan.
On Tuesday, the governor filed a bill that seeks to shield the JFK contract from any potential protests, saying that
a challenge-proof agreement was the “only plausible alternative” to resolve the dilemma.
The bill provides that the contract for the JFK project “shall be valid and binding obligations of the education agency and enforceable in accordance with their respective terms.” The bill would not allow any proceeding to “challenge the validity or enforceability of agreement between DPW and the contractor.”
“This bill would prevent any possibility of a protest to be filed against the award of the contract,” the governor’s legal counsel Ray Haddock explained.
We support the administration’s initiative to find a way to expedite the construction of a new JFK building. However, this should not be done at the expense of circumventing the procurement rules and regulations, which not only uphold compliance with proper procurement practices but also provide the opportunity for bidders to challenge any award they may suspect to be anomalous.
Shutting off potential challenges to a government contract is inconsistent with democratic principles.
The legislature, which is currently discussing the bill, must be wary of setting a precedent for future contracts. Senators must instead find a workable remedy that would address any challenge to the IBC agreement without barring potential protests outright.
The JFK dilemma
