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Winston-Salem Industries for the Blind, Inc. v. United States, 19-1328C. (2019)

Court: United States Court of Federal Claims Number: infdco20190923752 Visitors: 9
Filed: Sep. 20, 2019
Latest Update: Sep. 20, 2019
Summary: ORDER ERIC G. BRUGGINK , Senior Judge . Plaintiff, Winston-Salem Industries for the Blind, d/b/a IFB Solutions ("IFB") contests a United States Department of Veterans Affairs ("VA") decision to override the automatic stay 1 required by the Competition in Contracting Act ("CICA"), 31 U.S.C. 3553 (2012), arguing that VA's decision was an irrational, arbitrary, and capricious abuse of discretion. On August 30, 2019, plaintiff filed its motion for immediate declaratory and injunctive relief.
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ORDER

Plaintiff, Winston-Salem Industries for the Blind, d/b/a IFB Solutions ("IFB") contests a United States Department of Veterans Affairs ("VA") decision to override the automatic stay1 required by the Competition in Contracting Act ("CICA"), 31 U.S.C. § 3553 (2012), arguing that VA's decision was an irrational, arbitrary, and capricious abuse of discretion. On August 30, 2019, plaintiff filed its motion for immediate declaratory and injunctive relief.

Pursuant to the United States Government Accountability Office's ("GAO") September 18, 2019 decision2 dismissing IFB's protest, plaintiff's motion in this case is rendered moot as GAO's dismissal of IFB's protest eliminates the CICA stay. As such, this case is dismissed without prejudice. Clerk of the Court is directed to enter judgment accordingly.

FootNotes


1. On August 27, 2019, VA issued its Determination and Findings in which it decided to override the CICA stay triggered by IFB's August 13, 2019 pre-award protest with GAO, resulting in the award of a sole source contract to PDS Consultants, Inc., effective August 31, 2019.
2. GAO concluded that IFB's suit before the District Court for the District of Columbia addresses the same matter challenged in the protest in GAO's office, thus dismissal is warranted.
Source:  Leagle

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