No. 23-1040

StraCon Services Group, LLC v. United States

Jan 18, 2024U.S. Court of Federal Claims
Bid protestNo topicDismissed

Key Facts

Plaintiff
StraCon Services Group, LLC
Case number
No. 23-1040The listing writes it as 23-1040 C, which names every case in a consolidated group.
Decided
Jan 18, 2024
As the opinion prints it
No. 23-1040 C

Official Record (govinfo)

Judge of record
Judge Zachary N. Somers
Nature of suit
Contract - (Post Award) Injunction (140)
Cause
civil

From U.S. court records published by the Government Publishing Office, matched to this decision only where the official record's issue date equals the decision date above. Open the official record.

Matter

Bid protest

Matter is contract dispute, bid protest, or both. For a decision read from the curated listing it is the listing's own arrangement; for a decision read from the court's own feed it is the court's Nature of Suit where the official record holds one, and otherwise what the opinion's own opening states. Where the official record is available, the court's own Nature of Suit appears beside it.

Topics

No topic

Topics are an editorial grouping of the decisions read from the curated listing, not a classification by the court. A decision listed under several topics carries all of them. Bid protests carry no topic at all, and neither does a decision read from the court's own feed: no grouping was published for them.

Opinion PDF (uscourts.gov) U.S. Court of Federal Claims opinions and ordersThe opinion document is hosted by the U.S. Court of Federal Claims itself, so it is an official copy, and the court's own opinions page is the source of record. The outcome, topics and appearances above are derived deterministically from the court's record and the opinion's own text.

Research This Decision

Create a free account to open this decision in the COFC workspace: the Decision Brief workflow, the filtered browser and the outcome insights over the whole corpus.

COFC Decision Brief

A Workflows Hub brief drafted from this opinion's own text and the authorities it cites, with every citation traced back to the page it came from.

Browse and Insights

The court's opinions filtered by matter, topic, judge, outcome and year, with the outcome dashboard whose every rate divides by merits rulings.

Full Opinion

Full text of the opinion2 pages, 3,134 characters, read from the court's own documentFiled Jan 18, 2024 Decision documentOfficial source: U.S. Court of Federal Claims opinions and ordersThe document states: No. 23-1040 C

In the United States Court of Federal Claims

No. 23-1040 C

(Filed: January 18, 2024)

STRACON SERVICES GROUP, LLC,

Plaintiff,

v.

THE UNITED STATES,

Defendant.

and

ADVANCED TECHNOLOGY LEADERS,

Defendant-Intervenor.

The case caption as the opinion prints it. The box the court draws around it is a rule rather than text, so it is not repeated here; every word is.

Order

This bid protest challenged the Army Contracting Command’s decision to award Advanced Technology Leaders, Inc. (“ATL”) a systems-engineering contract despite alleged “patent organizational conflicts of interest (‘OCIs’) arising from the work of ATL’s teammate, Seneca Global Solutions (‘Seneca’).” ECF No. 1 ¶ 2. After a remand and investigation—based on, inter alia, StraCon Services Group’s (“StraCon”) challenges—the government determined that “award to ATL was improper, in light of the potential for an OCI involving Seneca.” ECF No. 13 at 2. Accordingly, the government rescinded award of the contract to ATL and terminated the contract for convenience. Id. However, in taking corrective action, the government also noted that “ATL [would] have the opportunity to submit a revised proposal that no longer relies on a teaming agreement with Seneca.” Id. at 3.

Recognizing that the case was moot, two other protestors that challenged the contract award, WILL Technology, Inc., and Mayvin, Inc., dismissed their complaints voluntarily and without prejudice. ECF No. 14 at 3. Despite acknowledging to the Court that “these cases are all moot,” Tr. 11:10–11, ECF No. 18, StraCon chose not to dismiss its protest voluntarily. Therefore, both the government and ATL moved to dismiss the protest. ECF Nos. 14, 15. In response to the motions to dismiss, StraCon acknowledged again that its complaint was moot. ECF No. 16 at 1. It requested, however, that the Court “(a) order Defendant to produce its OCI investigation materials so that StraCon may assess the basis for the unnecessary assertion regarding ATL’s eligibility, (b) direct Defendant to retract its unnecessary statement regarding ATL’s eligibility, or (c) note StraCon’s concern in any order dismissing this matter without prejudice based on corrective action so that this Court’s precedent regarding silence when faced with such corrective action statements does not apply” prior to dismissing it. Id. at 4. In other words, StraCon wants the Court to note StraCon’s objection to the government’s decision to allow ATL to rebid the contract despite its finding that ATL had an OCI to attempt to avoid waiving any argument related to the OCI in a future bid protest.

Because the Court concurs that this protest is moot and Plaintiff has itself admitted the same, the motions to dismiss are hereby GRANTED, and the case is dismissed without prejudice. As this case is moot, the Court lacks jurisdiction to provide the other relief StraCon requests, other than to note StraCon’s objection to the content of the government’s corrective action regarding ATL’s ability to cure its OCI and rebid for the contract at issue in this protest. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.

s/ Zachary N. Somers

Zachary N. Somers

Judge

This is a verbatim capture of the text layer of the court's own document in StraCon Services Group, LLC v. United States. Nothing is summarized or reworded, and the sections run in the order the court wrote them. Two things the page shows are not repeated in the text: the rule the court draws around its caption, and the pagination furniture (the page numbers and the electronic filing stamp printed across the top of each page).

Related Decisions

Same Matter: Bid protest

Same Year

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.