Free Order on Motion for Discovery - District Court of Federal Claims - federal

Case 1:07-cv-00109-FMA

Document 19

Filed 02/28/2007

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In The United States Court of Federal Claims
No. 07-109C (Filed: February 28, 2007) __________ BANNUM, INC., Plaintiff, v. THE UNITED STATES, Defendant, And DISMAS CHARITIES, INC., Defendant-Intervenor. __________ ORDER __________

On February 26, 2007, plaintiff filed a motion for discovery, which was opposed by defendant that same day. Plaintiff seeks production of the following documents: 1. 2. 3. 4. The discussion questions and responses of the other offerors; The revised proposals of the other offerors; All documents relating to the evaluations of the other offerors; and All documents relating to the evaluation of Bannum's change in facility.

In the court's view, defendant should have produced these documents pursuant to the Rules of the United States Court of Federal Claims procedure in procurement protest cases. RCFC App. C., Rule 21. Plaintiff's motion is hereby GRANTED. On or before March 2, 2007,

Case 1:07-cv-00109-FMA

Document 19

Filed 02/28/2007

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at 12:00 p.m. (E.S.T.), defendant shall file these materials as an addendum to the administrative record, including any communications it has conducted with all past and present offerors since remedial action was taken on December 11, 2006. IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge

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