About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-419789 May 24, 2021 1 (2021-05-24)

handle is hein.gao/gaolsc0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Hawaii Energy Systems, LLC File: B-419789 Date: May 24, 2021 Rolf A. Klein, for the protester. Mark Morita, Esq., and Philip Tourangeau, Esq., Departnment of the Navy, for the agency. Jonathan L. Kang, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the issuance of justifications and approvals (J&As) for the use of other than full and open competition is dismissed as untimely where the protest was filed after the closing dates for the associated solicitations, and because it fails to state adequate legal and factual arguments concerning the J&As. DECISION Hawaii Energy Systems, LLC (HES), of Aiea, Hawaii, protests the issuance of justifications and approvals (J&As) for the use of other than full and open competition in connection with solicitations for requirements in Hawaii and Guam, by the Department of the Navy, Naval Facilities Engineering Command. The protester argues that the agency improperly used the J&As to award contracts to firms at higher prices than what the protester contends it offered or would have offered. We dismiss the protest. BACKGROUND On April 20, 2021, HES filed this protest arguing that the Navy improperly issued J&As for the use of other than full and open competition in solicitations for the agency's requirements in Hawaii and Guam. Protest at 1-2. HES's protest consists of: (1) an email, with the date and addressee omitted, outlining the protester's complaints regarding the Navy's award of two contracts to Johnson Controls Incorporated (JCI); (2) a December 1, 2020, letter to the office of U.S. Senator Brian Schatz concerning the Navy's award of sole-source contracts in Hawaii and Guam; (3) a second December 1,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most