PER AARSLEFF A/S, ) Limitation on Competition Due to ) International Agreement; 10 U.S.C
In the United States Court of Federal Claims Nos. 15-215C, 15-272C, and 15-330C (consolidated) (Filed Under Seal: May 28, 2015) (Reissued: June 5, 2015) ) Consolidated post-award bid protests; PER AARSLEFF A/S, ) limitation on competition due to ) international agreement; 10 U.S.C. Plaintiff, ) § 2304(c); FAR § 6.302.4; inapplicability ) of bar on jurisdiction over actions based v. ) on treaty; 28 U.S.C. § 1502; mistake in a ) critical eligibility criterion; latent defect UNITED STATES, ) discovered by procuring agency prior to ) award but not corrected; considerations Defendant, ) affecting equitable relief and ) ) EXELIS SERVICES A/S, ) ) Defendant-Intervenor. ) ) Paul A. Debolt, Venable LLP, Washington, D.C., for Per Aarsleff A/S, plaintiff in No. 15-215C. With Mr. Debolt on the briefs and at the hearing was James Y. Boland, Venable LLP, Tysons Corner, Virginia. With him on the briefs was Anna E. Pulliam, Venable LLP, Tysons Corner, Virginia. James J. McCullough, Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, D.C. for Greenland Contractors I/S, plaintiff in No. 15-272C. With Mr. McCullough on the briefs and at the hearing was Michael J. Anstett, Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, D.C. With him on the briefs were Aaron T. Tucker and Samuel W. Jack, Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, D.C. Kevin J. Cosgrove, Hunton & Williams LLP, Norfolk, Virginia for Copenhagen Arctic A/S, plaintiff in No. 15-330C. William P. Rayel, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C., for the United States.
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