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Further, LMAES was responsible for ensuring its operations complied with
continual efforts to inform prospective offerors, including LMAES, of
pertaining to whether LMAES' proposed design and processes would be
The record also indicates that LMAES recognized and even
records." (308) Along those same lines, LMAES had several internal
(309) Further, LMAES memorialized this knowledge in
In recognition of these unknowns and their associated risks, LMAES
During these attempts, LMAES asserted, among other things, that a
contract type, LMAES refocused its risk-shifting efforts and tried to
Despite LMAES' recognition of the substantial uncertainties
Performance clause), LMAES still signed on to the Pit 9 project.
risky undertaking was largely motivated by LMAES' belief that the
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- LMA II