Free Motion to Supplement the Administrative Record - District Court of Federal Claims - federal

Case 1:08-cv-00101-LJB

Document 14

Filed 03/12/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS L-3 GLOBAL COMMUNICATIONS SOLUTIONS, INC., Plaintiff, v. ) ) ) ) ) ) ) ) ) ) )

No. 08-101C (bid protest) (Judge Bush)

THE UNITED STATES, Defendant.

DEFENDANT'S UNOPPOSED MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD Defendant, the United States, respectfully moves to supplement the administrative record, filed on March 3, 2008, with documents that were not included in the original filing. These documents include e-mail communications between United States Coast Guard ("USCG") officials and other individuals concerning the administration of the contract, which is the subject of this bid protest, and the proposal of the third offeror. Defendant's counsel has contacted plaintiff's counsel, who has no objection to this motion. After the administrative record was filed on March 3, 2008, plaintiff's counsel contacted defendant's counsel and requested that these additional documents be added to the administrative record. They were not originally added to the record because we considered them either irrelevant to this bid protest or communications concerning contract administration instead of the award of the contract. However, in an effort to resolve this matter quickly without extensive briefing on motions to supplement the administrative record, and because plaintiff's complaint alleges a post-award "bait and switch" by the contract awardee and post-award misconduct by the USCG, we have agreed to supplement the record with plaintiff's requested documents.

Case 1:08-cv-00101-LJB

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Filed 03/12/2008

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Accordingly, we respectfully request that the Court grant this motion to supplement the administrative record. The supplement to the administrative record is contained on one CDROM, and we are providing two bound paper copies of the supplement to the administrative record to the Judge's chambers pursuant to the Court's order of February 27, 2008. The paper copy consists of one volume. The supplement to the administrative record contains protected information that should only be disclosed in accordance with the protective order entered by the Court in this matter on February 27, 2008. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director

s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director OF COUNSEL: TALBOT J. NICHOLAS II Attorney Office of Procurement Law United States Coast Guard 2100 2nd Street, S.W. Washington, D.C. 20593-0001 s/ Dawn S. Conrad DAWN S. CONRAD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 616-2279 Fax: (202) 305-7643 Attorneys for Defendant

March 12, 2008

Case 1:08-cv-00101-LJB

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Filed 03/12/2008

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CERTIFICATE OF SERVICE I hereby certify that on this 12th day of March, 2008, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. Additionally, I hereby certify that on this 12th day of March, 2008, I caused to be served by HAND, copies of "DEFENDANT'S UNOPPOSED MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD" and a copy of the supplement to the administrative record, consisting of one CD-ROM, addressed as follows:

Ronald K. Henry, Esq. KAYE SCHOLER, LLP 901 15th Street, NW Suite 1100 Washington, DC 20005 Tel: (202) 682-3590

s/Dawn S. Conrad