Infrastructure Defense Technologies
In the United States Court of Federal Claims (Filed April 7, 2008) (Originally Filed Under Seal March 14, 2008) INFRASTRUCTURE DEFENSE ) TECHNOLOGIES, LLC, ) No. 07-582 C Plaintiff, ) (Consolidated Lead Case) ) v. ) Pre-award bid protest; subject matter ) jurisdiction; standing; prejudice; waiver; bridge THE UNITED STATES, ) contract; sole source supply contract; cross- Defendant, ) motions for judgment on the administrative ) record; motion to dismiss; one responsible and ) source exception to the Competition in ) Contracting Act; standard of review; national HESCO BASTION, LTD, ) defense and security. Defendant-Intervenor. ) ) INFRASTRUCTURE DEFENSE ) TECHNOLOGIES, LLC, ) Plaintiff, ) ) No. 07-695 C v. ) (Consolidated Member Case) ) THE UNITED STATES, ) Defendant. ) C. Joël Van Over, McLean, VA, for plaintiff. Jack Y. Chu, of counsel. David A. Harrington and A. Bondurant Eley, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C., for defendant, with whom were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Brian M. Simkin, Assistant Director. Douglas C. Proxmire, Washington, D.C., for defendant-intervenor. Elizabeth Gill, of counsel. OPINION AND ORDER1/ Merow, Senior Judge In this pre-award procurement protest, brought pursuant to 28 U.S.C. § 1491(b)(1), the protestor, Infrastructure Defense Technologies, LLC (hereinafter “IDT”), seeks injunctive and declaratory relief to preclude the Defense Logistics Agency (“DLA”) from awarding a follow-on sole source Indefinite Delivery Indefinite Quantity (“IDIQ”) contract for collapsible force protection (“Concertainer”) units to Hesco Bastion, Ltd. (“Hesco”). Hesco has intervened in this action. Pursuant to RCFC 52.1, motions have been filed, by all parties, for judgment on the administrative record of this procurement which record was supplemented by the deposition of DLA official Thomas Lauersen and material submitted by plaintiff.
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