Free Motion for Judgment on the Administrative Record - District Court of Federal Claims - federal

Case 1:07-cv-00612-NBF

Document 23

Filed 09/14/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST

CWTIALEXANDER TRAVEL, LTD, and CWTEL SOL TRAVEL, INC., Plaintiffs, v. THE UNITED STATES, Defendant.

1 1 1
) ) ) ) ) ) ) )

Case No. 07-612 Judge Nancy B. Firestone

1

) ) )

PLAINTIFFS' MOTION FOR JUDGMENT ON THE ADMINISTRATIVE RECORD
Pursuant to Rule 52.l(b) of the Rules of the United States Court of Federal Claims ("RCFC"), Plaintiffs CWTlAlexander Travel, LTD ("Alexander Travel"), and CWTEI Sol Travel, Inc. ("El Sol"), by their undersigned counsel, respectfully move for judgment on the Administrative Record. By failing to re-procure services contracted for, but not yet delivered, two and one-half years ago, based on even older price quotes and workload estimates, the Government has transformed what was a full and open procurement into a series of anticompetitive awards. Given all the facts in the Administrative Record, it is clear that the procurement at issue in this case has been managed in an arbitrary and capricious manner and is not in compliance with law and regdations, and that Plaintiffs have been harmed thereby. Therefore, Plaintiffs respectfully move that the Court (a) grant their Motion for Judgment on the Administrative Record; (b) grant the permanent injunctive relief that Plaintiffs seek, i.e., either

Case 1:07-cv-00612-NBF

Document 23

Filed 09/14/2007

Page 2 of 3

ordering the Government to terminate for convenience the disputed contracts, or ordering the suspension of the awarded contracts until they can be re-competed; (c) award Plaintiffs all costs and attorneys' fees; and (d) grant any other relief that the Court shall deem just and proper.

Dated: September 14,2007

Respectfully submitted,

IS/Lars E. Anderson Lars E. Anderson VENABLE LLP 8010 Towers Crescent Drive, Suite 300 Vienna, Virginia 221 82 (703) 760-1600 (Telephone) (703) 821-8949 (Facsimile) (703) 760-1623 (Protected Facsimile) Attorney of Record

Of Counsel: Peter A. Riesen Keir X. Bancroft Patrick R. Quigley VENABLE LLP 8010 Towers Crescent Drive, Suite 300 Vienna, Virginia 221 82 (703) 760-1600 (Telephone) (703) 821-8949 (Facsimile) (703) 760-1 623 (Protected Facsimile)

Case 1:07-cv-00612-NBF

Document 23

Filed 09/14/2007

Page 3 of 3

CERTIFICATE OF SERVICE
Plaintiffs have filed this document electronically via the ECF electronic filing Website of the United States Court of Federal Claims and in accordance with para. 19 of General Order 42A of the Court of Federal Claims have, therefore, served notice on counsel of record for Defendant.

Dated: September 14,2007

Respectfully submitted,

IS/ Lars E. Anderson Lars E. Anderson VENABLE LLP 8010 Towers Crescent Drive, Suite 300 Vienna, Virginia 22 182 (703) 760-1600 (Telephone) (703) 82 1-8949 (Facsimile) (703) 760-1623 (Protected Facsimile) Attorney ofRecord