HESCO’s motion for a preliminary injunction is DENIED as moot. For that reason, the Court directs the entry of judgment on the administrative record for the government and JSF Systems. For the reasons set forth below, the Court concludes that HESCO’s claims lack merit. During the oral argument, all parties agreed that because the entire administrative record is before the Court, the case is appropriate for disposition on cross-motions for judgment on the administrative record. An oral argument was held on the motion on January 16, 2018. HESCO filed a motion for a preliminary injunction along with its complaint, which the Court scheduled for expedited briefing. HESCO then filed the present action, in which it asserts that the corrective action the Army intends to take is overbroad and not rationally related to the defects the Army identified and that the Army’s corrective action impermissibly advantages JSF Systems. It elected to take corrective action to address the identified defects and GAO, accordingly, dismissed HESCO’s protest as academic. Thereafter, the Army concluded that its original solicitation was defective because, among other reasons, it was overly restrictive. After the Army awarded the contract to Defendant-Intervenor JSF Systems, LLC, HESCO filed a protest before the Government Accountability Office (GAO). submitted a proposal in response to the United States Army’s solicitation for the procurement of earth-filled blast-mitigation barriers for use on the Korean Peninsula. The parties have agreed that no redactions are necessary and this Opinion and Order is now reissued publicly in its original form. * This Opinion and Order was originally issued under seal on January 22, 2018, and the parties were given the opportunity to request redactions. Berger, Thompson Hine LLP, Washington, DC, Of Counsel. Mason, Thompson Hine LLP, Washington, DC, for Defendant-Intervenor. Readler, Acting Assistant Attorney General. Department of Justice, Washington, DC, for Defendant, with whom were Lisa L. Bigler, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Knudson, Venable LLP, Washington, DC, Of Counsel. Proxmire, Venable LLP, Washington, DC, for Plaintiff. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Keywords: Bid Protest Corrective Action Agency Needs Reasonable Under the Circumstances. THE UNITED STATES OF AMERICA, Defendant, and JSF SYSTEMS, LLC, Defendant-Intervenor. 17-1977C (Filed Under Seal: Janu| Reissued: January 29, 2018)* HESCO BASTION LTD., Plaintiff, v. 26 In the United States Court of Federal Claims Bid Protest No.
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