Free Motion for Judgment on the Administrative Record - District Court of Federal Claims - federal

Case 1:07-cv-00714-GWM

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Filed 10/19/2007

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IN THE UNITED STATES COURT OF FEDERAL
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CLAIMS

MASAI TECHNOLOGIES Plaintif, v. THE UNITED STATES Defendant.

CORP.

CoFC No. 07-714 BID PROTEST (Judge George Miller)

PLAINTIFF'S MOTION FOR JUDGMENT ON THE ADMINISTRATIVE RECORD COMES NOW the Masai Technologies Corp. ("MTC"), by and through

undersigned counsel, and hereby files this Motion for Judgment on the Administrative Record under RCFC 56.1. As more fully described in the Memorandum in Support of MTC's Motion for Judgment on the Administrative Record, filed concurrently herewith, the Court should enjoin the United States Department of Army (the "Army"), through its Contracting Officer, David Denton, U.S. Army Medical Research Acquisition Activity, Fort Detrick, Maryland from going forward with its intended contract award at issue here. Specifically, MTC protests the contracting officer's failure to comply with the terms of the Theater Enterprise Wide Logistics System ("TEWLS") Sustainment Support Program Request for Quotations No. W81XWH-06-T-02857 (the "Solicitation" or the "RFQ") and

the requirements of the applicable statutes and regulations in the evaluation of MTCs proposal submitted in response to the RFQ. The Army's technical evaluation is defective

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III

that it failed to properly score MTC's technical proposal, and failed to properly

evaluate MTC's past performance. Additionally, the has failed to identify, mitigate, neutralize, or avoid the

serious impermissible Organizational Conflicts of Interest ("OCI") created by the Award to Denysys Corporation ("Denysys") and its two subcontractors BearingPoint, Inc.

("BPI") and CompQSoft, Inc. (collectively the "Subcontractors").

At the time of proposal

submission and award, both subcontractors were performing engineering and technical direction for the Army significantly working on previous & current TEWLS contracts for at least the past two (2) years in the roles of implementer and program management support. In these roles the Subcontractors had unfettered access to TEWLS requirements documentation, implementation documents, design documentation, as well as TEWLS

proprietary problem reports, Knowledge Transfer strategies, meeting discussions, and direction of system enhancements related to TEWLS present and future requirements that were not available to other offerors. This unfettered access to TEWLS proprietary

information and Army influence aided Denysys in their response and in prejudicing the Army's actions in Denysys's favor. Furthermore, Denysys's access to this information advantage in future procurements concerning

provides it with an unfair competitive TEWLS.

The award of this TEWLS Sustainment Support RFQ contract to DENYSYS

directly violates 48 C.F.R. § 9.505--1, and the Federal Trade Commission Antitrust and Unfair competition Laws. WHEREFORE Plaintiff respectfully requests that the Court issue an order

immediately enjoining the Government from taking the actions described above or in the alternative enjoining Army from employing the funds obligated to the performance of a

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contract to provide the services required under the RFQ of any contract awarded to Denysys or any other source with an unmitigated OCL

Date: , Esq. Center St. Suite 307 Manassas, VA 20110 (703) 368-8770 fax (703) 368-8772 Janine Benton, of Counsel Benton & Potter 150 S. Washington St Suite 202 Falls Church, VA 22046 Counsel for Plaintiff MASAI Technologies Corp.

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CERTIFICATE
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OF SERVICE

I hereby certify that on this 19 day of October 2007, a copy of the foregoing Motion for Judgment on the Administrative Record was served by electronic mail on Counsel for the United States Courtney Sheehan, Esq., United States Department of Justice, Commercial Litigation Branch, 1100 L Street,

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