Email, April 26, 2024 — AirBoss v. United States, No. 23-999 (Document 41-1)

Summary

An email of Friday, April 26, 2024 from Justice Department trial attorney Jana Moses to counsel in AirBoss v. United States, No. 23-999 (Fed. Cl.), filed May 3, 2024 as Document 41-1 in Case 1:24-cv-00365-PSH. It says the Government will file a status report on the timeline for corrective action begun by HHS. By May 10, 2024 HHS will make a new competitive range determination. By the end of May 2024 it will amend the solicitation to revise shelf-life requirements, clarify sleeve length and device registration requirements and allow revised proposals, and by the end of July 2024 it will make a new award decision. The Government will propose suspending all deadlines until the corrective action is final, and Moses asks whether counsel consent.

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Full text

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Engel, Llewelyn
From:
Moses, Jana (CIV) <Jana.Moses@usdoj.gov>
Sent:
Friday, April 26, 2024 2:36 PM
To:
Hopkins, Tara; Engel, Llewelyn; Eric.Crusius@hklaw.com; Graham, Daniel
Cc:
Neel, Sam; Shaffer, Jonathan
Subject:
AirBoss v. United States, No. 23-999 (Fed. Cl.)
[ External Email ]
Good afternoon.

The Government intends to file a status report today apprising the court of the timeline for corrective action that
HHS has initiated, as follows:

1. By May 10, 2024, HHS will make a new competitive range determination and notify offerors
who are in the competitive range.
2. By the end of May 2024, HHS will issue an amendment to the solicitation to offerors in the
competitive range.  As part of the amendment, HHS intends to revise the current shelf-life
requirements, further clarify the current sleeve length and device registration requirements,
allow offerors to submit solicitation questions, and allow offerors to submit revised proposals.
3. By the end of July 2024, HHS will evaluate revised proposals and make a new award decision.

Additionally, the Government will propose that the court suspend all future deadlines in this case until the
agency finalizes the corrective action. The current administrative record would not include any documents that
memorialize this round of decision making and, once the corrective action is complete, the legal issues currently
before the court may be resolved.

Please advise whether you consent or object to this proposal.  I plan to file this by 5pm EST.

Thank you,
Jana
(202) 598-7612

Jana Moses
Trial Attorney
United States Department of Justice
Civil Division, Commercial Litigation Branch
PO Box 480, Ben Franklin Station
Washington, DC 20044
Tel:  (202) 616-2279
Fax: (202) 305-7644
Email: Jana.Moses@usdoj.gov

For overnight mail, please use:
1100 L Street, NW, Room 9204
Washington, DC 20005

Case 1:24-cv-00365-PSH     Document 41-1     Filed 05/03/24     Page 1 of 2

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This message may contain privileged and/or confidential communications and should be read only by the intended
recipient.  If you believe you have received this message in error, please delete it and contact the sender.

Case 1:24-cv-00365-PSH     Document 41-1     Filed 05/03/24     Page 2 of 2

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