GlidePath Marianas Operations Inc., an interested bidder in the approximately $200 million solar power project under the Guam Power Authority, has filed a second appeal at the Guam Office of Public Accountability.
The Jan. 21 appeal followed GPA’s denial of the company’s second protest, initially lodged on Nov. 13, 2019. The first protest was issued on Oct. 9, 2019, following the award to competing firm ENGIE Solar, which is part of a group based in Paris.
“GPA’s denial of GlidePath’s first protest was built upon the position that the (invitation for bid) did not contain the technical restrictions that GlidePath and other offerors shaped their bids to conform to. Because the technical restrictions that GlidePath understood to be at work in the IFB were, in the view of the agency, not in fact restrictions, ENGIE’s bid was, in the view of the agency, technically compliant,” the appeal stated.
The second protest was based on the idea that, if GPA was stating the technical requirements behind the first protest did not exist, then the procurement was flawed as it meant every other offeror “was led astray” into submitting bids limited by specifications that did not exist, GlidePath stated in its appeal.
The company also argues GPA’s acceptance of the ENGIE bid was essentially a sole-source procurement for projects worth $200 million because other bidders could not access the technical specifications.
GPA stated that ENGIE’s bid was responsive and that the project was properly awarded. Moreover, GlidePath sought clarification on aspects of the bid, which were provided, GPA stated.
The OPA ordered the consolidation of the appeals and scheduled a hearing date for March 25.
GPA General Manager John Benavente, speaking during a recent press conference on a consent decree, said he believes the utility will prevail at the OPA.
ENGIE Solar’s parent, ENGIE Group, announced on Oct. 7, 2019, that GPA selected the company as the “successful bidder for the construction of two solar-plus-storage projects under a 20-year power purchase agreement. Engie stated the project costs about $200 million.
GPA considers ENGIE, according to its statement, “the lowest bidder amongst those qualified in the competitive tender process, for contract award.”
The project involves two “solar-after-sunset” systems that would integrate more than 50 megawatts of peak energy from solar with approximately 300 MWh of battery energy storage to render 100% of the daily solar production available for up to seven hours after sunset.
GPA’s Phase 3 renewable energy plan would use U.S. Navy properties at Naval Base Guam and South Finegayan near the ongoing construction for the Marine Corps base.
ENGIE has stated its partner in the Guam project will be Samsung SDI.
Samsung SDI has launched a variety of products including high-capacity energy storage systems and has partnered with car manufacturers to provide batteries for electric vehicles, according to the company’s website.
The ENGIE Group is listed on the Paris and Brussels stock exchanges.