The Office of Public Accountability on Wednesday dismissed the procurement appeal of G4S Security Systems for a wireless internet installation project in public schools because of a questionable document signed by the recently resigned executive director of the Contractors Licensing Board, Cecil “Buddy” Orsini.
Orsini resigned last week Thursday at Adelup’s request, after OPA said he was involved in another contractor’s procurement fraud and misconduct involving a document.
In both of the procurement appeals that OPA dismissed, the protesting bidders claimed that the winning bidders didn’t have a contractor’s license as required to be awarded a government contract.
They presented to OPA identical documents signed by Orsini stating that the winning bidder didn’t have a Guam contractor’s license.
In the latest procurement appeal, the CLB document states that CLB would find the winning bidder in violation of Guam law because it does not have a contractor’s license.
OPA found out from a CLB investigator during a hearing on the G4S appeal that the board makes the decision on a contractor’s status.
The entire CLB board had not met since August 2021 so there was no way the Nov. 21, 2021 document that Orsini signed to help the G4S procurement appeal was decided by the board, OPA said.
“While it is unclear how and why the executive director came to issue the findings and decisions submitted in this case, the OPA is concerned about the probity and reliability of that document, given the misconduct in the JMI case,” Public Auditor Benjamin Cruz said in his Feb. 9 decision dismissing G4S’ appeal.
The public auditor also said G4S’ protest was untimely.
“G4S’ appeal is hereby dismissed with prejudice,” the public auditor said. “The parties shall bear their respective costs and attorney fees.”
G4S protested the Guam Department of Education’s selection of contractor Technologies for Tomorrow, or TFT, as the lowest, most responsible and responsive bidder.
G4S filed the protest on the basis that TFT does not possess a Guam contractor’s license and has not submitted evidence of a valid Guam contractor’s license to perform the work that GDOE requires.
OPA also earlier dismissed JMI-Edison’s protest appeal after it presented a similar findings and decisions document that Orsini signed without the board’s concurrence.
Gov. Lou Leon Guerrero, meanwhile, said during a Wednesday media briefing that she’s looking at several individuals to replace Orsini at CLB.
Linda Ibanez has been named acting executive director until a replacement is found.
As to the question of ethics, the governor said completing an ethics training program, which covers ethics in government procurement, is required of Cabinet members and board members.
The governor said she will speak to the CLB board members and the idea of a refresher training will be brought up.
