SH Enterprises, Inc. v. Territory of Guam; General Services Agency, Department of Administration; and the Office of Public Accountability

Summary

The Supreme Court of Guam held that the Office of Public Accountability lacked jurisdiction to review the Chief Procurement Officer’s decision not to debar SH Enterprises, Inc. The court concluded that SH’s remaining due process and statutory-violation arguments were moot and reversed the Superior Court’s decision affirming the debarment.

Holdings

1. The OPA's statutory authority under 5 GCA §§ 5703 and 5705 extends to reviewing a written decision to debar or suspend under § 5426(c), not to reviewing a decision not to debar or a report issued under § 5426(f).
2. De novo review is a standard of review, not an independent source of jurisdiction; it does not authorize the OPA to review a matter that was not properly submitted under the Procurement Law.
3. A request for debarment included as a remedy in a procurement protest does not itself convert the protest into a § 5426 debarment petition or authorize OPA review of debarment.
4. SH's remaining due-process and substantial-evidence arguments are moot because the OPA lacked subject-matter jurisdiction to issue the debarment.

Questions Presented

1. Whether the Office of Public Accountability had statutory jurisdiction to review a Chief Procurement Officer decision not to debar a contractor.
2. Whether the OPA could review and impose debarment when the matter originated as a procurement protest rather than a debarment petition under 5 GCA § 5426.
3. Whether SH's due-process and substantial-evidence challenges could be reached after determining that the OPA lacked jurisdiction.

Disposition

reversed_and_remanded