GOVERNOR Felix Camacho’s proposed bill amending the financing conditions for the John F. Kennedy High School project raised concerns among senators during yesterday’s session of the committee of the whole.
They are wondering why the legal counsel was worried about another protest against the bidding for the project.
Speaker Judi Won Pat noted that three agencies including the Department of Public Works, Attorney General’s Office and Office of the Public Accountability have all said that the procurement rules were followed when the International Bridge Corporation was selected to do the JFK project.
“Senators need to be privy to all these information so we can decide whether to support the governor’s bill or not and to make everybody feel comfortable with the legislation,” Won Pat said.
In response to Sen. Judi Guthertz’s question, public works director Andy Leon Guerrero said IBC meets the financial requirements to build the campus.
However, Leon Guerrero said the contract has not been awarded because the department is waiting for the bond counsel’s unqualified opinion.
Bond counsel Stanley Dirks has refused to issue an unqualified opinion because he is concerned that the award might be protested again.
Senator Tom Ada wanted to know why the Guam Economic Development Authority has to be involved with IBC in the bond market process.
“Why does GEDA and GEDA’s bond counsel have to give that unqualified opinion in this project? Why doesn’t the bidder just go to his financing source and say I need $64 million to do this project, how much can I get it for and he’s done. Why is the government in the picture of the financing?” Ada asked.
When reached for comment, Tina Garcia, GEDA financial services manager, explained, “This a government financing (endeavor) and GEDA in all financings has to make sure the government’s interest are met and that bond counsel’s financing are followed under the law.”
They both don’t think it will hinder future projects because the bill is only just for JFK, however, Garcia indicated that can only change if the policy makers decide to make an amendment.
“If the government wants to continue using this lease financing project, this amendment is going to have to be included in any future lease financing in order for us to get the confidence of investors in the market,” she said.
Interim attorney general John Wiesenberger, meanwhile, clarified the intention of the bill.
“We’re not limiting the opportunity for proposed protesters to protest going forward if they choose to do that but we are amending what the procurement would allow for in terms of remedies,” he explained.
JFK bill tackled
