July 10, 2004
Bean Stuyvesant wins appeal
The U.S. Court of Appeals has issued a unanimous decision upholding Bean Stuyvesant L.L.C.'s right to perform work on domestic dredging contracts by rejecting a lower court ruling that had supported a bid protest by Norfolk Dredging Company.
The July 7th Court of Appeals ruling in the case of Norfolk Dredging Company, Inc., v. United States and Bean Stuyvesant, L.L.C., is described by Bean Stuyvesant as "a rebuke to Norfolk Dredging and other competitors of Bean Stuyvesant who have sought to prevent the New Orleans-based dredging company from bidding on government funded projects in the United States."
The case originated with a bid protest filed by Norfolk Dredging with the Court of Federal Claims, that challenged a U.S. Army Corps of Engineers decision to award a contract to Bean Stuyvesant, a joint venture of Bean Dredging and Stuyvesant Dredging, also New Orleans-based. That protest involved the dredging of a navigational channel and related areas in Morehead City, N.C., and the Corps' award of the work contract to low bidder, Bean Stuyvesant.
The premise of Norfolk's suit and the now over-turned ruling of Judge Christine O.C. Miller of the U.S. Court of Federal Claims, was that Bean Stuyvesant could not charter the U.S. flag dredge MERIDIAN to perform work on the Morehead City project because Bean Stuyvesant is not at least 75% U.S. owned. Judge Miller's ruling of October 14, 2003 had run counter to several U.S. Customs Service rulings confirming that the MERIDIAN is entitled to engage in such work for Bean Stuyvesan
Bean Stuyvesant is a joint venture between C. F. Bean, L.L.C. and Royal Boskalis Westminster, NV. Netherlands-based Boskalis is the largest dredging organization in the world.