Free Scheduling Order - District Court of Federal Claims - federal

Case 1:07-cv-00582-JFM

Document 6

Filed 08/09/2007

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In the United States Court of Federal Claims
No. 07-582 C (Filed August 9, 2007) ******************************* INFRASTRUCTURE DEFENSE * TECHNOLOGIES, LLC., * Plaintiff, * * v. * * THE UNITED STATES, * Defendant. * * ******************************** MEMORANDUM OF INITIAL STATUS CONFERENCE AND ORDER A telephonic initial status conference was held at 2:00 p.m. on August 6, 2007 in this pre-award bid protest, filed August 1, 2007. Participating with the undersigned were C. Joël Van Over, counsel for plaintiff and David Harrington, representing defendant. This bid protest concerns the provision of security barriers for use in Iraq and Afghanistan. In addition to general discussions of the sole source solicitation, the subject of this action, Mr. Harrington stated he was gathering information on the matters addressed in the Complaint. He represented that the agency, the Defense Logistics Agency ("DLA"), does not plan to make an award on the procurement at issue for approximately four weeks, until the first or second week in September, which is the approximate time when an existing contract for the barriers will expire. Defendant's counsel stated that supplies must be available to support our military personnel. Ms. Van Over suggested that plaintiff would not object to a three month sole source contract with the current supplier, to commence upon the expiration of the existing agreement, so that there would be no break in supply until approximately mid-December. By that date, the instant matter could be resolved. There was discussion of consolidating any hearing on the requested preliminary injunction with trial on the merits. Plaintiff will promptly file a Disclosure Statement

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under RCFC 7.1. Mr. Harrington will request DLA provide a notice as to this litigation to Hesco Bastion, Ltd., potentially the apparently successful bidder/offeror. Counsel indicated there will likely be a need for a Protective Order. Counsel will confer on this matter, and if agreement is reached as to the necessity for a Protective Order and Application for Access thereunder, and the form thereof, provide a proposed order to the court for prompt consideration. Mr. Harrington indicated that an administrative record of the procurement at issue can be filed by August 20, 2007. Ms. Van Over requested that the administrative record include any existing report(s) on the durability of the Hesco's products involved in this procurement, and requests from field or user personnel for an alternative source(s) of supply. The undersigned noted that the cooperation of counsel was most appreciated and that the court was available for a telephone conference(s) towards the resolution of this matter. Counsel may jointly request a telephone conference with the undersigned by calling Ms. Linda Eddins at (202) 3576613.

Accordingly, it is ORDERED that: (1) Defendant shall file the administrative record on or before August 20, 2007; (2) Defendant will promptly notify plaintiff's counsel and the court should an award on this procurement be contemplated to occur before the second week of September; and (3) An informal telephone status conference is scheduled for 2:00 p.m. on August 21, 2007, to discuss the status of this protest and scheduling for any required further proceedings.

s/ James F. Merow

James F. Merow Senior Judge
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