GLDD succeeds in bid protest of USACE action

Image: GAO

As those who watch these things know, the Government Accountability Office (GAO) rejects the majority of bid protests filed with it. However, a number of bid protests do, in fact, succeed and GAO has sustained a protest filed by America’s largest provider of dredging services, Great Lakes Dredge & Dock Company, LLC (GLDD) against the cancellation of an invitation for bids (IFB) [No. W912BU-22-B-0009] issued by the U.S. Army Corps of Engineers for beachfill and periodic nourishment for shoreline areas in New Jersey. GLDD also challenged the agency’s conversion of the IFB to a negotiated procurement.

In its announcement of its decision, GAO says:

Protest challenging the agency’s decision to cancel an invitation for bids (IFB) after bid opening and convert the IFB to a negotiated procurement is sustained. While the agency had a compelling reason to cancel the IFB when the bids received exceeded available funding, this reason for cancelation did not provide the agency with the legal authority to convert the IFB to a negotiated procurement.

DECISION

Great Lakes Dredge & Dock Company, LLC, of Houston, Texas, protests the cancellation of invitation for bids (IFB) No. W912BU-22-B-0009, issued by the Department of the Army, Army Corps of Engineers (Corps), for beachfill and periodic nourishment for shoreline areas in New Jersey. The protester also challenges the agency’s conversion of the IFB to a negotiated procurement.

We sustain the protest.

• The full bid protest decision, with the background to the case, discussion, and GAO recommendation, can be downloaded HERE