Free Status Report - District Court of Federal Claims - federal

Case 1:07-cv-00831-MMS

Document 15

Filed 11/30/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST ________________________________________________ ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES ) ) Defendant. ) ________________________________________________) INTERNATIONAL MANAGEMENT SERVICES, INC.

No. 07-831 C (Judge Sweeney)

DEFENDANT'S1 STATUS REPORT Pursuant to this Court's order dated November 29, 2007 defendant respectfully submits this status report. Counsel for plaintiff and intervenor have reviewed this status report and join in its contents. The Government represents to the Court that during the pendency of the Court of Federal Claims' consideration of the request for injunctive relief, submitted by International Management Services, Inc. ("IMS"), the United States Army shall not issue any orders under the protested Aegis contract unless the contracting officer makes a written finding that urgent and compelling circumstances that significantly affect interests of the United States will not permit waiting for the decision of the Court on the injunction. If services are presently available under an existing contract, other than the contract with L-3 Titan Corporation, the existing contractor will not be replaced. If the contracting officer makes such a finding, the Government shall provide a copy to all parties.

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Defendant is aware that this Court's order requested a Joint Status Report; however, defendant was not able to obtain the necessary signatures in time to meet the filing deadline.

Case 1:07-cv-00831-MMS

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Filed 11/30/2007

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Based upon the Government's representation, the parties respectfully propose the following schedule for disposition of the standing and justiciability issues: December 4, 2007 December 6, 2007 Justiciability December 12, 2007 December 17, 2007 December 21, 2007 Plaintiff and Intervenor's Response to Government Motion Government Reply (Subject to Court's Availability) Oral Argument Government files Administrative Record ("AR") Government Motion to Dismiss For Lack of Standing and

The parties are prepared to provide a schedule for consideration of IMS' combined request for preliminary and permanent injunctive relief after the standing issue has been addressed by the Court.

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director

s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director

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Case 1:07-cv-00831-MMS

Document 15

Filed 11/30/2007

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s/ David D'Alessandris DAVID D'ALESSANDRIS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 (202) 307-0139 November 30, 2007 Attorneys for Defendant

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Case 1:07-cv-00831-MMS

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Filed 11/30/2007

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CERTIFICATE OF SERVICE I hereby certify that on November 30, 2007, a copy of the forgoing "DEFENDANT'S STATUS REPORT" 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.

s/ David D'Alessandris