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

Case 1:07-cv-00881-JPW

Document 33

Filed 01/30/2008

Page 1 of 2

IN THE UNITED STATES
COURT OF FEDERAL CLAIMS
BID PROTEST

SDS INTERNATIONAL, INC. Plaintiff,
v.

USCFC No. 07-881 C
Judge Weise


THE UNITED STATES Defendant

PLAINTIFF'S FIRST MOTION TO SUPPLEMENT THE ADMINISTRATIVE
RECORD AND REQUEST FOR EXPRESS CONSIDERATION 1


COMES NOW, Plaintiff SDS International, Inc. ("SDS"), by and through

undersigned counsel, and pursuant to USCFC Rule 12, USCFC Rule 52.1 and prior decisions of the Court, Plaintiff respectfully requests that the Court allow Plaintiff to supplement the Administrative Record. Plaintiff requests that the Court expeditiously order the Government to supplement the record with an un-redacted version of the document that currently appears under Tab 6 of the Administrative Record filed in this matter.

The document at issue consists of the ACA's combined pre-negotiation objective memorandum/price negotiation memorandum (POM/PNM). For the reasons stated in Plaintiffs supporting Memorandum, the record should include the redacted information
1 Plaintiff is requesting express consideration of this motion to facilitate expeditious resolution of its request for a preliminary injunction. Government counsel has been totally professional in this case. However, despite repeated requests, the Government has not yet provided Plaintiff with a copy of the un redacted version of the document. In addition, the Government has not yet supplemented the Administrative Record to include the document nor provided any time frame within which it intends to do so. Had the Government provided SDS with a copy of the document, as requested, SWS could have reviewed the document and moved to supplement the record if needed. The Government has refused to provide the document, thus necessitating this Motion.

Case 1:07-cv-00881-JPW

Document 33

Filed 01/30/2008

Page 2 of 2

in the POM/PNM, since that information obviously was considered by the agency in making the award to HiPK, Inc.

Respectfully submitted,

Date:

By:

James Scott Phillips Centre Law Group, LLC 1953 Gallows Road, Suite 650 Vienna, VA 22182 (703) 288-2800 (703) 288-4868 (fax) Counsel for SDS International, Inc.

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