Morrico Equipment LLC went before the court in October related to a lawsuit it filed back in March. On March 16 Morrico filed suit at the Superior Court of Guam against the Consolidated Commission on Utilities the Guam Power Authority International Equipment of Guam and Fleet Services Inc. Fleet Services failed to answer Morrico’s complaint and on Oct. 18 Morrico filed a request for entry of default for Fleet Services Inc. for failure to plead or otherwise defend itself as provided for by the Guam Rules of Civil Procedure. The Superior Court of Guam granted Morrico’s request for an entry of default on Oct. 31.
Morrico’s complaint alleges that in November 2004 the CCU and GPA issued invitations for an indefinite quantity contract for miscellaneous bucket trucks. The invitation sought bids for a 35- 45- 55- and a 65-foot bucket truck.
Morrico submitted bids on each of the bucket trucks and on Feb. 18 the CCU and GPA issued a notice to Morrico advising that its bids were rejected due to its non-compliance with the speculations that were in the invitation. The CCU and GPA also informed Morrico of its intention to award the bids on the 45-foot and the 65-foot bucket trucks to International Equipment of Guam and the bids for the 35-foot and the 55-foot bucket trucks to Fleet Services Inc.
On March 1 Morrico formally protested the notice of intent to award the invitation to its competitors. The next day it was informed by the CCU and GPA that its protest was denied. The CCU and GPA also informed Morrico of its right to seek judicial review.
In the complaint Morrico alleges that like its own bids International Fleet’s bids on the 35-foot and the 55-foot bucket trucks were also nonconforming. It claimed that “Fleet Services did not submit descriptive literature along with its bid as mandated by the invitation which required rejection of bids not accompanied by descriptive literature.”
The complaint also alleges that the CCU and GPA informed that its bids for the 45-foot and 65-foot bucket trucks were unacceptable however International Equipment to whom the bids were awarded made the same bids as Morrico. Morrico also contends that International Equipment unilaterally amended two of its bid specifications and that its quotes were not compliant with regulations.
Morrico is seeking a temporary restraining order and permanent injunction ordering the CCU and GPA to refrain from proceeding further with respect to the invitation; a declaration that the award of the invitation is void; general and special damages according to proof at trial; reasonable attorneys fees and costs of the suit; and further relief as the court may deem appropriate.
On Aug. 31 the CCU and GPA filed an answer to Morrico’s complaint at the Superior Court of Guam. In that document the CCU and GPA deny the allegations brought by Morrico. In its defense the CCU and GPA claimed that Morrico had failed to state a claim upon which relief may be granted and also failed to state a cause of action. The complaint also alleges that Morrico failed to exhaust its administrative remedies before filing a complaint.
John L. Wusstig chief of the Guam Fire Department at the presentation of two new fire trucks to GFD held at the Tamuning Fire Station on Dec. 2 |
Black Construction Corp. answered Morrico’s complaint on behalf of International Equipment because International Equipment is a division of Black Construction. The document was filed at the Superior Court of Guam on Aug. 3. In it Black Construction also denies the allegations brought against it by Morrico and claims that Morrico failed to state a claim upon which relief may be granted. Black Construction alleges that Morrico’s bids failed to comply with the terms of the invitation for bids and therefore were properly rejected by CCU and GPA.
The bench trial for the suit is set to begin April 19 2006 before Superior Court Judge Elizabeth Barrett-Anderson.
This is not the first time that Morrico has contested the government’s purchase of emergency vehicles (See “Judge stops bids for fire trucks” in the March 22 2004 issue of the Journal). In 1999 Morrico protested a 1998 award for the Port Authority of Guam’s purchase of five side loaders and lost. On Feb 13 Morrico filed a motion for a preliminary injunction at the Superior Court of Guam involving the purchase of six ambulances. Then in December 2001 Morrico took the Department of Public Works to court concerning a bid for nine garbage trucks. Lastly on Feb. 4 2004 Morrico filed a complaint at the Superior Court of Guam seeking a temporary restraining order and injunctive relief involving the purchase of Fire Trucks.
Michael G. Ungcangco assistant chief of the Guam Fire Department told the Journal that the purchase of the fire trucks that Morrico protested were once again put out for bid in March. Morrico did not enter a bid and the contract was awarded to Mid-Pacific Far East. The three fire trucks are worth approximately $290 000 each and should be on Guam by March 2006. MBJ
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