Protest of Kasseburg Canine Training Center, B-417459.1
Apr 18, 2019
OUTCOME: Successful
Represented a woman-owned, full service training facility and supplier of canines for law enforcement and security work before the U.S. Government Accountability Office (GAO) in protesting the U.S. Dep...artment of State's award of a contract for training and exportation of canines to Mexico. Less than 10 days after the protest was filed, the State Department took corrective action to address the concerns raised with the evaluation and award decision.
Government contracts
Protest of Knowlogy Corporation, B-416208.3
Feb 01, 2019
OUTCOME: Successful
On behalf of Global Knowledge Training, LLC, Jones Day successfully intervened and defended against a protest brought by the incumbent contractor challenging a General Services Administration's ("GSA")... award to Global Knowledge of a multi-million dollar information technology training contract to support the U.S. Army Europe ("USAREUR"). The protest challenged the government's evaluation of proposals under the staffing and past performance evaluation factors, as well as the agency's best-value award decision which was made without conducting a best value trade-off against the incumbent's (protester's) offer.
Jones Day attorneys successfully opposed the protester's attempts to expand both the scope of document production to require production of Global Knowledge's proposal, as well as the protester's attempt to expand the Government Accountability Office's ("GAO") "close at hand" doctrine against the GSA on the grounds that the procurement was conducted for the benefit of, and use by, the USAREUR, which had awarded the incumbent's contract. Jones Day submitted comments on the agency report addressing the merits of the protest. In resolving the protest, the GAO rejected each of the protest grounds, finding that none of them had merit. As a result, the GAO denied the protest in its entirety.
Government contracts
ARxIUM, Inc. v. United States, 136 Fed. Cl. 188 (2018)
Feb 16, 2018
OUTCOME: Successful; Permanent Injuction Obtained Against the Dept. of Defense
Jones Day successfully represented ARxIUM, Inc., a leading developer and manufacturer of pharmacy automation, workflow, and consulting solutions, in its bid protest before the U.S. Court of Federal Cla...ims. The protest challenged the actions of the U.S. Department of the Air Force (Air Force), acting through the Defense Logistics Agency (DLA), in arbitrarily eliminating ARxIUM from a competition for the procurement of automated pharmacy equipment for four U.S. Air Force Bases. The elimination was part of the agencies’ corrective action as the result of a prior protest brought by a competitor before the U.S. Government Accountability Office (GAO), in which the GAO sustained a protest challenging the agency’s initial award to ARxIUM.
Oral arguments were held in November 2017. In a decision dated February 8, 2018, Judge Wolski of the Court of Federal Claims found that several of the GAO’s findings were unsupported and held that the DLA, Air Force and the GAO all entirely failed to consider several important aspects of the corrective action before the Air Force and DLA eliminated ARxIUM from the competition, rendering the agencies’ actions arbitrary and capricious. In sustaining ARxIUM’s protest, the Court noted that one of the problems in the procurement was the Air Force and DLA’s failure to properly consider the rights the government has in certain data deemed important to performance of the commercial item contracts to be awarded. The court granted ARxIUM’s request for injunctive relief, enjoining the government from proceeding with the award until the identified errors had been corrected.
Government contracts
Federal Builders LLC - The James R. Belk Trust, B-409952, B-409952.2
Sep 26, 2014
OUTCOME: Successful
Protest sustained. Protest that the GSA unreasonably evaluated the Awardee's proposal as responsive to the Solicitation sustained where the Awardee did not commit to pay Davis-Bacon wage rates for new... construction to expand a building for long-term lease to the Government.
Government contracts
Air Force Suspension/Debarment Action
Aug 23, 2013
OUTCOME: Successful. Secured a "No Further Action" letter for the client.
Represented individual employee of a government contractor in opposition to a Show Cause for Suspension/Debarment issued by the U.S. Air Force.
Government contracts
Talend Ruling, US Customs and Border Protection ("CBP"), Advisory Ruling HQ H192146
Jun 08, 2012
OUTCOME: Successful
Ruling on Country of Origin for imported computer software. Under the Trade Agreements Act of 1979 ("TAA") computer software with source code written in a non-designated country (China) is "substantia...lly transformed" in the country where the software was compiled (or "built") and converted into object code. First CBP advisory ruling addressing where downloaded software is "substantially transformed" under the TAA.
Government contracts
Bilfinger Berger AG Sede Secondaria Italiana v. U.S., 97 Fed.Cl. 96 (2010)
Nov 19, 2010
OUTCOME: Successful; Injuction Obtained Against the U.S. Army Corps of Engineers
Successful bid protest overturning unsuccessful protest before the GAO; obtained injunction against the U.S. Army Corps of Engineers. See also Bilfinger Berger AG Sede Secondaria Italiana v. U.S., 94 ...Fed.Cl. 389 (2010).
Government contracts
Bilfinger Berger AG Sede Secondaria Italiana v. U.S., 97 Fed.Cl. 96 (2010); 94 Fed.Cl. 389 (2010)
Jan 01, 2010
OUTCOME: Successful; Obtained injunction against U.S. Department of Defense
Obtained a Temporary Restraining Order (TRO) preventing the Army Corps of Engineers from issuing any task orders and requiring suspension of performance of the contract until resolution of a Court of F...ederal Claims protest after client’s protest before the Government Accountability Office (GAO) was denied. The TRO facilitated the negotiation of a resolution that included contract and task order awards to client.
Government contracts
Protest of American K–9 Detection Services, Inc., B- 400464.6, 2009 CPD ¶ 107
May 05, 2009
OUTCOME: Successful; Protest Sustained
Protest sustained in challenge to the Army’s improper limitation of discussions during implementation of corrective action in a protest.
Protest sustained in challenge to the Army’s improper limitation of discussions during
implementation of corrective action in attempt to resolve a protest.
