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Back Local News Procurement appeal claims GDOE’s bid suspension was done deliberately

Procurement appeal claims GDOE’s bid suspension was done deliberately

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J&B Modern Tech has protested a March 21 suspension issued by the Guam Department of Education regarding bidding for air-conditioning equipment.

In a procurement appeal filed on March 28 with the Office of Public Accountability, J&B claimed the suspension was made to deliberately prevent the company from submitting a bid for a new contract for air-conditioning equipment that was to open on March 28.

J&B claims the suspension was issued after it had disqualified GDOE from a warranty for air-conditioner units already installed.

J&B was awarded the contract for air-conditioning units for 33 GDOE schools in mid-2012, which included maintenance and a five-year warranty. A total of 500 units were purchased at over $1.3 million and installed from January to June 2012.

In August 2012, a contract was awarded to a different company for maintenance and repairs, which J&B claims is a breach of contract.

According to documents filed with the appeal, a purchase order was made out to J&B in January 2013 for repairs on three air- conditioning units.

J&B claims when they inspected the units, the coils were very dirty due to a lack of maintenance or poor maintenance from contractors other than J&B.

It is J&B’s position that the repairs do not fall under the warranty, which states “under no circumstances shall supplier and dealer, J&B Modern Tech be liable for incidental or consequential damages resulting without preventive maintenance.”

“GDOE’s clear intent was to time the suspension so as to disqualify J&B from bidding IFB 008-2013 while precluding any meaningful opportunity for review of the suspension before the bids are opened,” J&B’s appeal stated.

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