OPA Orders GSA to Decide on PDS Protest


Guam –  Guam’s Public Auditor Doris Flores-Brooks has ordered the general Service Agency to come to a decision on Pacific Data System’s [PDS] protest over GovGuam’s award of a telecommunications  contract.

In a Decision & Order filed Friday, Flores-Brooks explains that she can not act on PDS’s appeal, until GSA reaches a decision on the company’s protest first.

READ the OPA’s Decision and Order HERE  

The contract was awarded to GTA TeleGuam on April 27th, but on April 30 PDS filed a protest with GSA claiming that GSA did not factor in the 15%  “Local Procurement Preference” which would have made PDS the lowest bidder.

On May 3, GSA rejected PDS’s “local procurement preference” argument.

PDS filed a second protest with GSA May 9 alleging GTA’s ownership disclosure violated the law and that GTA improperly conditioned its bid. The next day Docomo Pacific, MCV and IT&E each filed similar protests with GSA.

PDS appealed to the OPA.

But GSA never reached a decision on any of the protests, according to the Public Auditor, and because GSA did not reach a decision on the protest, “the Public Auditor does not have the jurisdiction to hear PDS’s appeal at this time,” writes Flores-Brooks in her decision.


The order requires GSA to produce a decision “no later than thirty (30) days after the date of the decision.”