February 24, 2015

Kilmer Urges Army Corps to Take Action to Ensure Completion of the Quillayute Harbor Dredging Project

WASHINGTON, DC – Representative Derek Kilmer (WA-06) urged the Army Corps to take action to complete the Quillayute Harbor dredging project in a timely manner. In a letter to Jo-Ellen Darcy, Assistant Secretary of the Army Civil Works, Kilmer called for the Corps to recover taxpayer dollars and hold the contractor accountable for failing to complete work on the Quillayute River Navigation Project. 

Kilmer noted that the failure to complete this project would have an impact on the local economy. The Harbor supports a $4 million a year fishing industry and is used by the community of La Push and Quileute tribal members. A Coast Guard Station important to public safety also utilizes the Harbor.

“It is now clear that, due to poor performance, the federal contractor will be unable to complete the work before the end of the designated work window,” said Kilmer in the letter sent yesterday. “I strongly urge you to take action to ensure that taxpayer dollars are recovered to the greatest extent possible and that the federal contractor is held accountable for the failure to complete this critical project in a timely fashion.”

Kilmer has consistently fought to ensure the Quillayute Harbor receives needed dredging. In 2014, Kilmer sent a letter urging the Corps to prioritize funding for the Quillayute River Navigation Project and made an announcement that they were moving forward with the harbor dredging. 

The full text of the letter follows.

 

February 23, 2015

The Honorable Jo-Ellen Darcy
Assistant Secretary of the Army (Civil Works)
108 Army Pentagon
Washington, DC 20310

Dear Assistant Secretary Darcy,

I am writing with regard to the status of ongoing maintenance dredging taking place at Quillayute Harbor. It is now clear that, due to poor performance, the federal contractor will be unable to complete the work before the end of the designated work window. I strongly urge you to take action to ensure that taxpayer dollars are recovered to the greatest extent possible and that the federal contractor is held accountable for the failure to complete this critical project in a timely fashion.

In April 2014, I wrote to you expressing the urgent need for the Army Corps of Engineers to prioritize Quillayute River Navigation Project. In particular, I highlighted the essential role it plays in supporting the livelihood of the Quileute Tribal members and the community of La Push, as well as serving the U.S. Coast Guard Station Quillayute River. I appreciate your efforts to recognize the importance of this project and expedite its completion through its inclusion in the FY14 workplan.

Shortly after the bidding for the contract concluded last fall, local stakeholders questioned whether the successful bidder had the capacity to complete the project in a timely fashion. While the Army Corps Seattle District took these concerns seriously, I was informed that federal law and contract requirements limited the ability of the Corps to alter or cancel the contract.

After repeated reports of poor performance, the Seattle District increased its direct oversight of the project. Despite these efforts, limited progress was made throughout the winter and on January 13th the Corps issued a contractor “cure” notice to the contractor and its associated bonding company. Since then, the poor performance of the contractor has continued and it is clear that the boat basin, the inner channel, and the entrance channel are not anywhere close to completion.

While I am pleased that the Corps has recognized that the contractor’s poor performance will require the project to be rebid in FY15, I strongly believe that taxpayer dollars should not go into the pockets of contractors that fail to do the work they were hired to do. I urge the Corps to explore every avenue available under federal law to recover these funds.

Furthermore, I urge the Corps to take action to hold the individual contractor accountable. Federal contracting offices must be made aware of this contractor’s performance and fully take into account that despite months of warnings, they were still unable to complete this project in a timely fashion.

Additionally, I would welcome the opportunity to work with your staff to identify ways to improve the federal contracting process so that the Corps has greater ability to take action when it determines that a successful bidder lacks the capacity to fully complete the project.

Finally, I remain concerned about the impact that this failure will have on the local economy and public safety. The Quileute Tribe relies on a well-dredged channel and harbor to support their fishing industry, which generates $4 million in annual income for the local economy. At the same time the Coast Guard relies on the basin and channel to be able to complete its mission. I welcome your attention to these concerns and would like to work with you and your staff to mitigate these concerns to the greatest extent possible.

Thank you for your prompt attention to these issues.

Sincerely,

Derek Kilmer
U.S. Representative

cc:  Colonel John G. Buck, U.S. Army Corps of Engineers, Seattle District
       Chairman Charles Woodruff, Quileute Nation
       Commander Eric Belleque, U.S. Coast Guard, District 13

 

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