Guam – The Office of Public Accountability has dismissed the protest appeal filed by Medallion Guam on the Guam Housing and Urban Renewal Authority’s award of Low Income Housing Tax Credits.
Public Auditor Doris Flores Brooks says that it was dismissed without prejudice which means that the appeal can be brought before her office again. The reason for dismissal is that GHURA did not officially deny Medallion’s protest and since the OPA is a procurement appeals board it cannot hear an appeal on something that has not yet been denied. Medallion filed a protest with GHURA over it’s awarding of tax credits to the two lowest ranked applicants (Great Homes & Tower 70). After GHURA failed to respond medallion brought their protest to the OPA.
“There’s nothing for us to decide on the merits of the decision whether good or bad because GHURA has yet to issue a formal denial of medallions protest,” explained Brooks adding, “There is a weakness in the law in the procurement law in that there is no time limitation for an agency to give a denial so that’s sort of one area that we’re looking at.”
Brooks says that if the governor’s procurement council is ever convened she will recommend that an automatic denial be given if an agency doesn’t respond within 60 days.