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Lotte files motion to dismiss DFS legal challenge in Guam

Korean travel retailer Lotte Duty Free has filed a motion in the Superior Court to dismiss a lawsuit tabled by DFS Group relating to the awarding of the duty-free contract at Guam Antonio B Won Pat International airport.

According to local media source Kuam News, the motion argues that DFS failed to follow court rules relating to procurement challenges and that it was not the second highest bidder as previously revealed by Guam International Airport Authority (GIAA). This was determined following an investigation conducted in the aftermath of DFS’ protest against GIAA’s decision to name Lotte Duty Free as preferred bidder in April amid concerns over the regularity and transparency of the tender process.

Following the decision to award Lotte Duty Free the contract, DFS appealed to the Superior Court and Guam Office of Accountability, as previously reported on DFNIonline.com. But its latest protests were dismissed by GIAA. Fellow bidder JR Duty Free also issued its own protest against the tender, which was also contested by Shilla Duty Free.

Lotte also argues that DFS’ decision to file an appeal to the Superior Court less than two after its appeal to the Office of Public Accountability removed the Office of Public Accountability’s jurisdiction over the protest.