Wolski said that the Corps' re-bid process "had a rational basis."
A Corps spokesman says amending an RFP numerous times and accepting revised proposals is not uncommon. He says the Corps considered this the best option to move the project "and still comply with GAO's recommendations." Corps officials are meeting with each of the project's five original, short-listed bidders, which also include Weston Solutions Inc. and Archer Western Contractors, for feedback on the amended RFP, released on June 4.
A decision is expected this fall. Tim Black, the district's chief contracting officer, says the RFP includes the original $500,000 stipend for short-listed bidders "that submitted an acceptable proposal but were not selected."
A CBY spokesman says the CDM-led venture "has been notified by the Corps of [its] tentative corrective-action schedule and is considering our options." He would not confirm CBY's intent to repropose under the amended documents or take additional legal action. He says, "We stand ready to help the Corps move the PCCP project forward."
CBY has a right to appeal Wolski's ruling, "but precedent for doing so is not favorable to them," says one attorney, who asked not to be named.
Marcia Madsen, a Washington, D.C., attorney for Bechtel, says, "This is the second time we've won this case." A Kiewit spokesman says the ruling is "consistent with what we asked for." Both firms will submit new proposals, say spokespersons. Officials of Weston and Archer Western could not be reached.
If the Corps keeps to the procurement schedule, the project could be completed by April 2016.
In the meantime, "We rigorously maintain and test the three outfall canal interim structures," says district Commander Col. Ed Fleming.