A federal judge on Monday ruled that a team led by BWX Technologies should keep the long-term, multibillion-dollar liquid waste contract twice awarded to it by the Department of Energy.
The ruling was made under seal, so the judge’s reasoning in the case, filed in the U.S. Court of Federal Claims, was not public as of Tuesday evening.
“We are pleased with the court’s decision and excited to begin supporting the U.S. Department of Energy as they take on the largest and most complex radioactive waste cleanup project in the United States,” a spokesperson for BWX Technologies (BWXT) wrote in an email to the Exchange Monitor. “Upon notice to proceed, we look forward to working with our joint venture partners to begin the transition necessary to work with DOE, regulatory authorities and the Tri-Cities community in safely reducing the environmental liabilities at Hanford.”
BWXT is the lead partner on Hanford Tank Waste Operations & Closure (H2C), to which DOE’s Office of Environmental Management in February awarded, for the second time, the $45-billion Integrated Tank Disposition Contract.
The contract combines management of Hanford’s underground tank farms with operation of a Bechtel-built plant that will solidify some of this waste beginning in perhaps a year or so.
The losing bidder for the work, which twice challenged the award to H2C in federal court, was AtkinsRéalis-led Hanford Tank Disposition Alliance (HTDA).
An Atkins spokesperson declined comment on Tuesday evening. DOE spokespersons at Hanford declined to comment.
Judge Marian Blank Horn ruled for H2C following a closed-door hearing on Aug 28. Between now and Oct. 7, the parties should file any proposed redactions, and justification for the redactions, prior to issuance of a public version of the decision, Horn said in an accompanying one-page order.
The case ended up back before Judge Horn after DOE awarded the business to the BWXT-led joint venture for a second time in February. In June 2023, Horn blocked DOE’s initial contract award, citing HTDA’s argument that the winner failed to stay continuously registered with the government’s online procurement system prior to the initial April 2023 award. But the judge sent the matter back to DOE for reconsideration and DOE called upon the two bidders to submit updated, final contract proposals fixing any prior registration problems.
In addition to BWXT, Amentum and Fluor are the other members of Hanford Tank Waste Operations and Closure. In addition to AtkinsRéalis, Jacobs and Westinghouse are the other members of Hanford Tank Disposition Alliance.
Amentum is in the process of merging with the government contracting and cyber wings of Jacobs, in a deal expected to close sometime this month.
Currently, management of Hanford’s liquid waste is overseen by Amentum-led Washington River Protection Solutions. The new liquid waste contractor will eventually also operate the Waste Treatment and Immobilization Plant built by Bechtel.