Even as Congressional Democrats push to block transfer of allocated military project funds to U.S.-Mexico border wall construction and President Donald Trump seeks expensive design changes, the government now faces legal challenges on already contracted barrier jobs.

特别是,上个月由北卡罗来纳州阿尔伯克基的陆军工程兵团授予的两项合同,价值近10亿美元,已撞墙。一个被撤销,一个人有诉讼,并且都面临美国政府问责办公室竞标抗议活动。

在5月1日从GAO那里获得的一封信中新利luck,该兵团表示,它将在4月取消一份授予Barnard Construction的1.87亿美元合同,该合同由禁止投标人Fisher Sand&Gravel抗议。该合同涵盖了在亚利桑那州尤马(Yuma),美国国土安全部的边境巡逻队(美国)地区建造11英里的Bollard型障碍物。

The Corps sided with Fisher in determining that it had allowed bidders for the Arizona work that were only eligible for border projects in California, New Mexico and Texas, said Alexandria Tramel, Corps assistant district counsel in Fort Worth, Texas. She said Fisher was improperly excluded.

Barnard did not respond to a request for comment. Fisher also protested the $789-million contract awarded last month to SLSCO, for 46 miles of bollard barrier near Columbus, N.M. On April 25, Fisher sued in federal claims court to stop work under that contract after the Corps overrode GAO’s automatic stay of performance.

Fisher charged in its suit that the solicitation asked bidders to list all current border infrastructure barrier projects on which they were working currently or in the past five years, which was to be the most important selection factor.

“Fisher is aware of only two firms that have been selected for border infrastructure projects in the past five years,” except for small business awards, it said. Those two are Barnard Construction and SLSCO.

The solicitation was issued March 28 and the contract awarded April 9. In its April 18 bid protest, Fisher claimed that the rushed procurement raises serious questions about the thoroughness of the process and its compliance with regulations.

The procurement “effectively suppressed competition and was designed to conduct an artificial process where the end result was known ahead of time,” the protest said. The Corps essentially designated two firms as “sole source contractors,” the protest added, noting that that the heavily weighted qualifying factor violated U.S. rules on full and open competition.

The Corps did not comment.

同时,参议院拨款委员会的民主党人于5月16日要求代理国防部长帕特里克·沙纳汉(Patrick Shanahan)不使用MILCON资金进行墙壁建设。该委员会尚未收起其2020财年MILCON和退伍军人行政管理支出的版本。

In a bill approved May 9, the House Appropriations Committee barred spending or obligating milcon funds appropriated between fiscal 2015-20 for barriers.

But Shanahan said May 10 that the Corps received $1.5 billion from military accounts, added to $1 billion taken in March for wall work under Trump’s border emergency declaration, said the Associated Press.

更多的障碍合同即将到来。5月9日,国防部从38个竞标者,12家公司中选出了五年来,在加利福尼亚和亚利桑那州的DHS边境巡逻部门以及军团的西南太平洋部门竞争50亿美元的任务订单。

合同将是设计建造和设计竞标构建的公司固定价格。

Selected were BFBC, Texas Sterling Construction, Bristol Construction Services, Burgos Group, Gibraltar-Caddell JV, Fisher Sand & Gravel, Southwest Valley Constructors, Randy Kinder Excavating, Martin Bros. Construction, SLSCO, Posillico Civil Inc. and CJW JV.

The Corps also said in April it will prequalify firms for another $8 billion in barrier and related work, a list to be used for 18 months after completion. To be eligible, firms must have finished a $100-million or more “horizontal construction” project and have capacity to perform three $500-million projects concurrently.

Trump has pushed Corps and other officials for wall design changes such as black-painted bollards with pointed tips to injure more would-be border crossers, fewer and smaller openings, and a uniform 30-ft height, The Washington Post said May 16.

It said Trump “repeatedly summoned” Corps chief Lt. Gen. Todd T. Semonite on wall issues, including that it be “aesthetically pleasing.”