Pacific Dredge & Construction LLC

Material Facts

• The U.S. Army Corps of Engineers issued invitation for bids No. W912PL20B0001 for a fixed-priced contract for maintenance dredging services.
• The contract included FAR clause 52.222-30, which stated that no adjustment would be made in the contract price due to wage determination changes.
• Pacific Dredge's bid for option year unit amounts was higher than the first-year amounts.
• The agency issued unilateral Mod. P00003, which exercised the CLINs for the second year without increasing the contract amount for wage changes.
• Pacific Dredge filed a claim seeking $44,606.39, arguing that the modification constituted a change order.

Parties

Appellant

Pacific Dredge & Construction LLC

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W912PL-20-C-0003