The U.S. Court of Federal Claims (COFC) held that a U.S. Army Corps of Engineers solicitation for maintenance dredging and shore protection projects was unlawful because, instead of employing sealed bidding procedures as in the past, it contemplated the award of negotiated indefinite-delivery, indefinite-quantity (IDIQ) multiple-award task order contracts. Weeks Marine, Inc. v. United States, No. 07-700C (Fed. Cl. Nov. 6, 2007). 10 U.S.C. 2304(a) requires agencies to solicit sealed bids if: (1) time permits the solicitation, submission, and evaluation of sealed bids; (2) the award will be made on the basis of price and other price-related factors; (3) it is not necessary to conduct discussions with the bidders; and (4) there is a reasonable expectation of receiving more than one sealed bid. Although the Army asserted that time did not permit the use of sealed bidding for this $2 billion procurement, the COFC concluded that the only time savings the Army would realize from the task order approach would be the avoidance of a 15-day notice period for proposed contract actions, which would be offset by whatever amount of time the agency would consume in evaluating task order proposals during the five year ordering period. The COFC also rejected the Army’s assertion that the award decisions would be based on factors other than price. The court observed that the Army’s evaluation of technical capability consists merely of the offeror demonstrating that it possesses or has access to dredging equipment. For past performance, the court stated that the dredging industry consists of a small group of highly specialized contractors who are well known to the Army and that, under these circumstances, where new entrants to the business are rare, a responsibility determination under FAR 9.104 should suffice. In that regard, the court noted that the record indicated that the Army expected to notify successful offerors of award within as little as two hours after receipt of task order proposals, which “indicates how little analysis the agency anticipates for evaluating factors other than price.”