Free Scheduling Order - District Court of Federal Claims - federal

Case 1:08-cv-00192-GWM

Document 20

Filed 04/17/2008

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In the United States Court of Federal Claims
HALLMARK PHOENIX 3, LLC, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

No. 08-192 C Filed April 17, 2008

ORDER The Court and counsel for plaintiff, defendant, and the agency (United States Air Force) participated in a telephonic status conference on Tuesday, April 15, 2008. Consistent with the discussion at that status conference, the Court summarizes the status of this protest and sets the schedule for further proceedings as follows: 1) The Air Force has voluntarily secured a commitment from the Northrop Grumman Technical Service, Inc. ("NGTSI"), one of the joint venturers of the incumbent, Space Gateway Support ("SGS"), to make the SGS Group Benefit Plan, as well as SGS's historical cost data relating to that plan, available to the contracting officer upon the due date of NGTSI's final proposal in another Federal procurement. NGTSI estimates that the final proposal in the other procurement will be due in early May 2008. 2) The Air Force has voluntarily issued Amendment 008 to the solicitation for this procurement. Amendment 008 extends the deadline to submit Phase II price proposals until June 6, 2008. Amendment 008 anticipates that NGTSI will provide the SGS Group Benefit Plan and the related historical cost data as described in paragraph (1), above. Amendment 008 also indicates that, once such information is available, the contracting officer will voluntarily issue another amendment to the solicitation disclosing the plan and cost data to all offerors so they may use those materials in connection with their price submittals, should they so desire. 3) The defendant has indicated that, shortly after the Air Force completes the voluntary corrective action described above, it plans to file a motion to dismiss for lack of jurisdiction upon the grounds that Amendment 008 and the future amendment disclosing to the offerors the information it will receive from NGTSI moots the controversy between the parties. Because NGTSI has indicated that it will likely disclose the information regarding the plan in early May,

Case 1:08-cv-00192-GWM

Document 20

Filed 04/17/2008

Page 2 of 2

the Court expects that the defendant will file its motion on or before May 21, 2008. If the defendant has not filed a motion to dismiss by that date, the Court will conduct another telephonic status conference on May 22, 2008, at 10:00 a.m. EDT, at which time the defendant shall report upon the Air Force's implementation of corrective action. This case is stayed until the earlier of (a) the filing of the defendant's motion, or (b) May 22, 2008. 4) Plaintiff will defer consideration of any effort to recover legal fees and expenses incurred in this action pursuant to the Equal Access to Justice Act until such time, if ever, as the Court may enter a final judgment in plaintiff's favor in this action. 5) Counsel for plaintiff and defendant have reviewed the foregoing and state that it accurately summarizes the status of the protest
IT IS SO ORDERED.

s/ George W. Miller GEORGE W. MILLER Judge

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