THE Office of Public Accountability has upheld the General Services Agency’s award of a service contract to GTA Teleguam Holdings, dismissing the appeal filed by Pacific Data Systems.
In a decision issued Wednesday, OPA ruled that GTA is a local company qualified to bid for the government of Guam’s master telecommunication contract.
“GTA and PDS were entitled to a local procurement preference as both parties were local companies known to GSA,” OPA said.
“The Public Auditor finds no merit to PDS’ protest allegation that the local preference application was a requirement to be qualified for the bid or that PDS was entitled to a 15 percent price adjustment,” the decision read.
Noting its administration decision was final, OPA said PDS has 14 days to elevate the appeal to the Guam Superior Court.
Reacting to the decision, PDS President John Day said he respects the decision of the OPA in this matter.
“We appreciate that her decision provides needed clarification of the local procurement preference issue which was the basis for this appeal. PDS hopes that the OPA's appeal decision will motivate GSA to issue decisions in pending procurement protests that continue to affect implementation of this bid,” Day said.
“These delays by GSA to issue prompt protest decisions, as mandated by procurement law and regulation, have forced PDS to file another appeal to the OPA requesting the OPA to intercede and to compel GSA to act on the four outstanding protests that have been pending with GSA since early May of this year," he added.
GSA has yet to issue a decision on separate appeals filed by PDS, Docomo Pacific, IT&E and MCV Broadband.
The challenged agreement involved GSA’s procurement of mobile phone services, integrated service digital networking, and a primary rate interface, which were among the components of the multiple award contract.
GSA awarded the five-year contract on May 3. It comprises a wholesale procurement package for about 2,500 phone lines, voice data, Internet, broadband, WiFi, and other telecommunication needs.
The contract, which was supposed to go into effect in August, was designed to consolidate the solicitations for telecommunication services of all line agencies of GovGuam covered by the GSA procurement system.
A majority of the services were awarded to PDS, while GTA received the task orders for wireless service, cellular phone device, broadband and Internet access. The WiFi service portion was split between GTA and IT&E.
GTA was owned by California-based Shamrock Capital Advisors until its stocks were fully transferred to Advantage Partners Teleguam Holdings Inc. in June 2011.
In its protest filed with GSA, Docomo alleged a “procedural flaw” in GTA’s original affidavit which indicated it was fully owned by AP Holdings without mentioning previous Shamrock ownership.
Docomo noted this “procedural flaw” was first raised when the Guam Community College awarded a contract to GTA, which the OPA eventually declared void.