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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
BID PROTEST
AirBoss Defense Group, LLC,
Plaintiff,
v.
United States,
Defendant.
No.: ________________
MOTION FOR LEAVE TO FILE UNDER SEAL
Plaintiff, AirBoss Defense Group, LLC (“ADG”), moves for leave to file under seal its
Complaint and proposed Redacted Complaint dated February 28, 2024. This is a bid protest under
28 U.S.C. §1491(b) challenging the decision by the U.S. Department of Health and Human
Services, Administration for Strategic Preparedness and Response (“HHS”) to exclude ADG from
the competitive range in the procurement under Request for Proposal No. 75A50322R00008
(“RFP”) for Level 2 Isolation Gowns.
The basis for ADG’s request to file the Complaint and proposed Redacted Complaint under
seal, is that the Complaint discusses in detail sensitive source selection information, which would
be competitively harmful if released to the public. For this reason, ADG respectfully requests that
the Court permit the Complaint and proposed Redacted Complaint to be filed under seal pursuant
to Rule 5.2(d) and Appendix C paragraph 4 of the Rules of the Court of Federal Claims.
***
24-365 C
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Dated: March 7, 2024
Respectfully submitted,
/s/ Daniel P. Graham
Daniel P. Graham
Llewelyn M. Engel
MCDERMOTT WILL & EMERY LLP
500 North Capitol Street, N.W.
Washington, DC 20001
202-756-8890
Counsel for AirBoss Defense Group, LLC
CERTIFICATE OF SERVICE
I hereby certify that on March 7, 2024, I caused a copy of the foregoing document to be
electronically filed with the clerk using the Court’s CM/ECF system. I further certify that I have
served the foregoing document via Electronic Mail on the following:
United States Department of Justice
Commercial Litigation Branch
Civil Division, 8th Floor
1100 L Street NW
Washington, DC 20530
E-mail: nationalcourts.bidprotest@usdoj.gov
s/ Daniel P. Graham
Daniel P. Graham
MCDERMOTT WILL & EMERY LLP
500 North Capitol Street, N.W.
Washington, DC 20001
202-756-8890
Counsel for AirBoss Defense Group, LLC