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PAE Aviation & Tech. Servs., LLC v. United States

PAE Aviation & Tech. Servs., LLC v. United States

United States Court of Federal Claims

October 7, 2021, Filed

No. 21-1469

Opinion

OPINION AND ORDER

SMITH, Senior Judge

This action is before the Court on the parties' Cross-Motions for Judgment on the Administrative Record. Plaintiff, PAE Aviation and Technical Services LLC ("PAE"), challenges the U.S. Customs and Border Protection ("CBP" or "Agency" or "Government") award decision under Request for Proposals, No. 70B02C18R00000063 ("RFP" or "Solicitation"). See generally Complaint, ECF No. 1 [hereinafter Compl.]. Specifically, PAE challenges the Agency's evaluation of the following: (1) PAE's proposal regarding its planned labor efficiencies and its Cost Proposal, and (2) Dyncorp International, LLC's ("Dyncorp") change in corporate ownership. Id. Additionally, plaintiff asserts that the Agency failed to amend the Solicitation to reflect current operational requirements and failed to conduct a best value determination. Id. at 21-22; 25-26.2

In response, defendant contends that the Agency properly (1) assigned PAE a weakness for its reduction in aircraft mechanic and aircraft mechanic supervisor labor, (2) rejected PAE's proposed escalation rates, (3) considered DynCorp's ownership change, (4) conducted a best value determination, and (5) determined its requirements without need for an amendment. See generally Defendant's Cross-Motion for Judgment on the Administrative Record, and Opposition to Plaintiff's Motion for Judgment on the Administrative Record, ECF No. 60 [hereinafter Def.'s CMJAR]. Similarly, defendant-intervenor argues that the Agency conducted a proper evaluation and was not required to amend the Solicitation. Defendant-Intervenor's Cross-Motion for Judgment on the Administrative Record and Response to Plaintiff's Motion for Judgment on the Administrative Record, ECF No. 61 [hereinafter Def.-Int.'s CMJAR]. For the reasons set forth below, the Court denies PAE's Motion for Judgment on the Administrative Record and grants defendant's and defendant-intervenor's Cross-Motions for Judgment on the Administrative Record.

I. Background

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2021 U.S. Claims LEXIS 2256 *; 156 Fed. Cl. 454

PAE AVIATION & TECHNICAL SERVICES, LLC, Plaintiff, v. THE UNITED STATES, Defendant, and DYNCORP INTERNATIONAL, LLC, Defendant-Intervenor.

Subsequent History: Reissued: October 21, 20211 [*1] .

Prior History: PAE Aviation & Tech. Servs., LLC v. United States, 2021 U.S. Claims LEXIS 1879 (Fed. Cl., Aug. 10, 2021)

CORE TERMS

rates, escalation, Solicitation, offerors, administrative record, defendant-intervenor, weakness, argues, reductions, aircraft, assigned, mechanics, ownership, staffing, Cross-Motion, procurement, evaluated, adjusted, revisions, aviation, protest, proposals, aircraft mechanic, clarifications, capricious, rational basis, anticipated, factors, site, maintenance supervisor

Administrative Law, Judicial Review, Standards of Review, Arbitrary & Capricious Standard of Review, Public Contracts Law, Dispute Resolution, Bid Protests, Governments, Courts, Courts of Claims, Jurisdiction, Evidence, Burdens of Proof, Allocation, Bids & Formation, Authority of Government Officers, Contracting Officers, Motions, Competitive Proposals, Costs & Prices, Cost Analysis, Price Analysis, Offer & Acceptance, Acceptances & Awards, Civil Procedure, Remedies, Injunctions, Permanent Injunctions