About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-421143 Jan 10, 2023 1 (2023-01-10)

handle is hein.gao/gaoobz0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
Decision
Matter of: MCG Energy Solutions, LLC
File:     B-421143
Date:     January 10, 2023
Brenda Huebsch, MCG Energy Solutions, LLC, for the protester.
Kevin R. Hilferty, Esq., Stephanie B. Young, Esq., Elizabeth S. Cypers, Esq., and John
D. Kral, Esq., Department of Energy, for the agency.
Uri R. Yoo, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Protest of agency's sole-source award of a follow-on contract for a highly specialized
system is denied where the record shows the agency reasonably concluded that award
to any other source would likely cause substantial cost duplication and unacceptable
delays in fulfilling the agency's requirements.
DECISION
MCG Energy Solutions, LLC, a small business located in Minneapolis, Minnesota,
protests the award of a sole-source contract to Open Access Technology International,
Inc. (OATI), of Minneapolis, Minnesota, by the Department of Energy, Western Area
Power Administration (WAPA), for the provision of web-hosted applications for power
industry energy scheduling, trading, settlements, e-tagging, and operations. The
protester argues that the agency improperly failed to use full and open competition to
procure the requirement.
We deny the protest.
BACKGROUND
The procurement at issue seeks the provision of web-hosted applications for power
industry energy scheduling, trading, settlements, e-tagging, and operations to support
WAPA's mission. Contracting Officer's Statement and Memorandum of Law
(COS/MOL) at 1, 3. As one of four power marking administrations within the
Department of Energy, WAPA operates and maintains 17,280 miles of transmission
lines, 326 substations, and other related facilities in a service area that covers

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:

Already a HeinOnline Subscriber?

profiles profiles most