AICI-Archirodon JV

Material Facts

• The United States Army Corps of Engineers awarded Contract No. W912ER-17-C-0014 to AICI-Archirodon JV to replace the Mina Salman Pier at Naval Support Activity, Manama, Bahrain, at the firm-fixed-price of $48,148,000.
• The contract incorporated by reference DFARS 252.247-7023, which required the use of U.S.-flag vessels for transportation unless an exception was granted.
• Appellant formally requested to use a foreign-flag vessel on August 30, 2018, but failed to provide sufficient documentation to support the request.
• The contracting officer denied the request on September 9, 2018, citing untimeliness and insufficient supporting documentation.
• Appellant shipped the steel piles via a foreign-flag vessel on October 10, 2018, without the contracting officer's authorization.

Parties

Appellant

AICI-Archirodon JV

Respondent Agency

U.S. Army Engineer District, Middle East

Contract Number

W912ER-17-C-0014