Defendant's Status Report — AirBoss Defense Group, LLC v. The United States, Case 1:24-cv-00365 (Document 31)

Summary

The United States' status report filed April 15, 2024 as Document 31 in the bid protest AirBoss Defense Group, LLC v. The United States, No. 24-365 (Judge Lettow), in the United States Court of Federal Claims, with String King Lacrosse LLC as plaintiff-intervenor and New York Embroidery Studio, Inc. as defendant-intervenor. Filed under the court's April 1, 2024 order (ECF No. 28), it states that HHS has revised the corrective action noticed on March 28, 2024 and will no longer cancel Request for Proposals No. 75A50322R00008. HHS instead intends to reconsider its competitive range determination within thirty days, amend the solicitation, hold discussions as needed, solicit revised final proposals and make a new award decision. The government, plaintiff and defendant-intervenor propose filing a joint status report on April 17, 2024.

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      Case 1:24-cv-00365-PSH               Document 31     Filed 04/15/24    Page 1 of 2




                 IN THE UNITED STATES COURT OF FEDERAL CLAIMS
                                  BID PROTEST

AIRBOSS DEFENSE GROUP, LLC,                       )
                                                  )
                     Plaintiff,                   )
                                                  )
       and                                        )
                                                  )
STRING KING LACROSSE LLC,                         )
                                                  )
                     Plaintiff-Intervenor,        )
                                                  )
                                                  )      No. 24-365
         v.                                       )      (Judge Lettow)
                                                  )
THE UNITED STATES,                                )
                                                  )
                      Defendant,                  )
                                                  )
         and                                      )
                                                  )
NEW YORK EMBROIDERY STUDIO, INC.,                 )
                                                  )
                       Defendant-Intervenor.      )


                              DEFENDANT’S STATUS REPORT

       Pursuant to the Court’s April 1, 2024 order (ECF No. 28), defendant, the United States,

respectfully submits this status report.

       On March 28, 2024, the Government provided notice that the Department of Health and

Human Services (HHS) intends to take corrective action in this case. Motion to Suspend

Future Deadlines, ECF No. 27. Recently, HHS has revised its intended corrective action and

will no longer cancel Request for Proposals No. 75A50322R00008. HHS now intends to

reconsider its competitive range determination within the next thirty days, issue an amendment

to the solicitation revising the current requirements, engage in discussions as needed, and

solicit revised final proposals. Thereafter, HHS will make a new award decision.
       Case 1:24-cv-00365-PSH            Document 31         Filed 04/15/24       Page 2 of 2




           The parties are finalizing their discussions concerning how judicial proceedings should

 proceed in this case. Accordingly, the Government, plaintiff, AirBoss Defense Group, LLC,

 and defendant-intervenor, New York Embroidery Studio, Inc., respectfully propose filing a

 joint status report on April 17, 2024, to apprise the Court of the parties’ positions. 1



                                                       Respectfully submitted,

                                                       BRIAN M. BOYNTON
                                                       Principal Deputy Assistant Attorney
                                                       General

                                                       PATRICIA M. McCARTHY
                                                       Director

                                                       s/ Franklin E. White, Jr.
                                                       FRANKLIN E. WHITE, JR.
                                                       Assistant Director

                                              s/ Jana Moses
 OF COUNSEL:                                  JANA MOSES
                                              Trial Attorney
 Megan R. Nathan                              Commercial Litigation Branch
 Anthony E. Marrone                           Civil Division
 Attorneys                                    U.S. Department of Justice
 U.S. Department of Health and Human Services P.O. Box 480
 Office of the General Counsel,               Ben Franklin Station
 General Law Division                         Washington, DC 20044
 Washington, D.C. 20201                       Tel: (202) 616-2279
                                              Fax: (202) 307-0972
                                              Jana.Moses@usdoj.gov

                                                       Attorneys for Defendant

                                                       April 15, 2024



       1
          Counsel for all parties except plaintiff-intervenor, String King Lacrosse LLC (String
King), consented to this filing. Counsel for String King did not respond by the time of this filing
to indicate String King’s position.


                                                   2


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