摘要: |
Under contract with the U.S. Army Corps of Engineers, a contractor was to perform hydraulic dredging for a waterway in the state of Washington. Since the waterway needed dredging about every two to three years, a new contract was solicited and awarded each time. This contractor had over 60 years of dredging experience, but did not perform a pre-bid site visit that the government recommended. This is the story of Marine Industrial Construction, LLC v. U.S., 158 Fed. Cl. 158 (Feb. 17, 2022). Unlike prior contract cycles, the government's solicitation/RFP: one, warned of dangerous weather conditions and some debris in the dredging area, but also stated that the government had no information about artificial obstructions that would require any special efforts; two, excluded warnings of sunken boats, fishnets, steel trolling wire, and machinery; and three, excluded precipitation information for the area and warnings about the resultant faster currents that could carry large trees and debris that could arise with little warning and potentially damage dredging equipment. |