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AIRBOSS DEFENSE GROUP, LLC,
Plaintiff,
and
STRING KING LACROSSE, LLC,
Plaintiff-Intervenor,
v.
THE UNITED STATES,
Defendant,
and
NEW YORK EMBROIDERY STUDIO,
INC.,
Defendant-Intervenor.
No. 24-365
(Filed: January 22, 2025)
ORDER
On January 17, 2025, the Government filed an amended Administrative Record (AR)
(ECF 102) pursuant to the Court’s Order dated January 14, 2025, requiring that the AR be
updated. ECF 99. The Court ordered this update to the AR to rule on the Government’s Motion
to Dismiss (ECF 92), wherein the Government argued that the protest is moot due to the
Department of Health and Human Services’ corrective action of awarding new contracts to
Plaintiff, Plaintiff-Intervenor, and Defendant-Intervenor. ECF 92 at 1.
The Court has reviewed the updated AR and notes the addition of Tab 55 through Tab 62,
under a new heading entitled “Corrective Action.” Compare ECF 48 at 8 with ECF 102 at 8. The
AR, which is chronologically organized, ends with Tab 62, dated June 14, 2024. See ECF 102 at
8, Tab 62 (“Memo to File, Rationale for Establishing the June 28, 2024, Proposal Submission
Deadline, Amendment 0011 (June 14, 2024)”). There does not appear to be anything in the
updated AR after June 14, 2024. Yet, the Government’s Motion to Dismiss for mootness
references contracts which the parties represent were awarded on August 26, 2024. ECF 93 at 4.
Additionally, the Joint Status Report filed on January 10, 2025, includes as an exhibit a contract
executed on September 30, 2024, which does not appear in the updated AR. See ECF 98-1. As
In the United States Court of Federal Claims
Case 1:24-cv-00365-PSH Document 103 Filed 01/22/25 Page 1 of 2
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such, the AR appears to be missing key documents relevant to this litigation such as the source
selection decision document, notifications of contract award, and the executed contracts. See
Rules of the Court of Federal Claims, Appendix C, Section VII, Paragraphs 22(o) (requiring the
AR to include “the agency’s source selection decision, including supporting documentation”) and
22(q) (requiring the AR to include “notification of contract award and the executed contract”).
As previously ordered in the Court’s Order dated January 14, 2025, and in accordance
with the Rules of the Court of Federal Claims, Appendix C, Section VII, Paragraph 22, the
Government is ORDERED to FILE an AR that includes all “core documents relevant to the
protest,” including but not limited to the documents the Court noted above that appear to be
missing from the AR, by January 27, 2025.
IT IS SO ORDERED.
s/ Philip S. Hadji
PHILIP S. HADJI
Judge
Case 1:24-cv-00365-PSH Document 103 Filed 01/22/25 Page 2 of 2