Golf cart procurement in the rough

Guahan Turfco is teeing off on the General Services Agency. Turfco is appealing the so-called emergency procurement of golf carts awarded to Guam AutoSpot in June of this year.

The agency report from GSA shows that on June 14, GSA issued a request for quote seeking golf carts. GSA set a June 17, 5 p.m. deadline for quote submission. There was no delivery date included in the RFQ - instead, GSA informed bidders on June 14 that the "preferred ETA" of golf carts was 30 days from the date of the purchase order award.

Three companies responded to the RFQ - Turfco, Royal Pacific Motors and Guam AutoSpot. According to its appeal, Turfco prepared its quote for golf carts anticipating the 30-day delivery timeline GSA laid out in its original RFQ. However, on June 16 at 5:43 p.m. - after working hours and a day before submissions were due, GSA sent an email to the companies changing the parameters of the request writing "please note that this is an emergency procurement and delivery required is IMMEDIATE."

On June 22, Turfco requested information on which company was awarded the purchase order for golf carts - and even though those documents show Turfco was the lowest bidder, GSA instead awarded Guam AutoSpot. GSA informed Turfco that AutoSpot was selected because they could deliver the golf carts "immediately" - a change made by GSA the day before quotes were due and after all offerors had prepared their bids. Documents show only AutoSpot's quote said it could deliver carts "immediately."

GSA denied Turfco's appeal and a notice to appeal was filed with the Office of the Public Auditor on July 9. AutoSpot sold six golf carts to the governor's office on July 2 for $73,970. In Turfco's appeal, counsel Josh Walsh questioned why golf carts needed for vaccination clinics would be directed to the governor's office when Adelup has no procuring authority. Walsh argues "altering bid specifications just hours before the end of the bid invitation period and after confirming a 30 day delivery period and after all the parties prepared their bids calls into serious question the fairness" of the procurement. He added that GSA's after business hours change to the specs served to "guarantee an award" to AutoSpot. Walsh also questioned whether or not emergency procurement was needed, saying GSA provided no legal or factual reason "why 15 months after the first covid emergency declaration GSA needed to conduct this emergency procurement for golf carts--after deciding a normal procurement with a normal delivery timeframe was a mistake."

GSA said it needed the six golf carts to transport the elderly and disabled at vaccination sites, but Walsh countered that an emergency wasn't justified because GovGuam had already spent six months vaccinating senior citizens. Turfco's appeal hearing is scheduled for September 16. Meanwhile, GSA docs submitted to the Guam Legislature show GSA purchased $330,000 in "ATVs and SUV's" from AutoSpot in June and August of 2020 using emergency procurement and sole source purchases.