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R. Marsil Johnson of BSJM secured a successful ruling for a client at the Superior Court of Guam in which the Court affirmed the denial of a competing bidder’s procurement protest. At issue was a Guam Power Authority invitation for a bid to provide an estimated $200 million worth of electricity over 20 years using two solar photovoltaic plus energy storage system (battery) electric plants with full time-shifting.


The competing bidder's primary argument was that the client’s bid failed to meet the specifications outlined in the invitation. Collaborating closely with the client’s electrical engineers based in Italy, BSJM effectively demonstrated to the Court that it was the competing bidder who had misunderstood the specifications. The competing bidder erroneously believed that the photovoltaic system capacity of each plant had to be capped at a maximum solar generation of 20.7 MWp. In reality, the Guam Power Authority had not set a maximum for the photovoltaic array's generation capacity. Instead, the requirement was that each photovoltaic array should be capable of fully charging its corresponding energy storage system (battery) during daylight hours. This would ensure it could discharge and supply adequate energy during early evening peak energy demand.


Blair Sterling Johnson & Martinez provides client counseling in procurement bidding, and representation in procurement protests, under federal and Guam law.

BSJM secured a summary judgment in an action initiated by a Government of Guam agency against a client under the Guam False Claims and Whistleblower Act. The Court concurred with Mr. Johnson's argument that the law could not be applied as the agency asserted.

 

The government agency later filed a motion for reconsideration, which the Court denied. After reimbursing BSJM's client for attorney's fees, the agency's case was dismissed with prejudice.


Blair Sterling Johnson & Martinez provides commercial and litigation representation, business advice, and legal counsel in Guam, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, and the Federated States of Micronesia.

Yoshihito Tada completed the Lex Mundi Institute’s Cross-Border Dispute Resolution Program. This program is designed to assist senior associates in expanding their knowledge and skills for representing clients in resolving cross-border commercial disputes. It also aims to enhance their commercial mindset to foster enduring client relationships.


Attendees collaborate with Lex Mundi colleagues to refine their case analysis and management skills, assess case risks, perfect their opening and closing statements, grasp the nuances of cross-examination, and develop contemporary business development skills that lead to long-lasting client relationships and advocacy


Lex Mundi is a network of independent law firms, bringing together lawyers and business professionals in more than 125 countries to provide cross-border legal solutions. Blair Sterling Johnson & Martinez is the exclusive Lex Mundi firm in Guam


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