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Global K9 Protection Group LLC, vs. U. S. and American K-9 Detection Services, Nos. 23-210, 23-311, April 11, 2024.


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Global K9 Protection Group LLC, vs. U. S. and American K-9 Detection Services, Nos. 23-210, 23-311, April 11, 2024.

The Long and Winding Road

Now, after four years, two remands with related remand extensions,1 two formal re-solicitations,2 two injunctions,3 three re-awards splitting the contract into two procurements,4 and approximately 34 total dog years,5 this case has finally reached its end.

Judge Ryan T. Holte

Quote

1) All remands related to this string of cases occurred in case No. 20-1614. See Am. K-9 Detection Servs., LLC v. United States, No. 20-1614 (Fed. Cl.). The following orders in case No. 20-1614 discuss the various instances of remand: 19 Mar. 2021 Unreported Order, ECF No. 55 (first formal remand “to USPS for complete OCI investigation”); 16 Aug. 2021 Reported Order, ECF No. 112 (second formal remand to “reopen the OCI investigation into MSA . . . according to the guidelines provided by the SP&Ps and reassess a complete and documented review of the OCI in light of the Court’s” findings); 30 Aug. 2021 Order, ECF No. 117 (order granting motion for extension of time (EOT) to file USPS CO remand results); 13 Oct. 2021 Order, ECF No. 124 (order granting motion for EOT to file USPS Co remand results).

2) The Solicitation in this case was first issued 22 September 2020. See Am. K-9 Detection Servs., LLC v. United States, 155 Fed. Cl. 248, 257 (Aug. 2021). In February 2022, USPS took corrective action and “issued two new solicitations—one for Third-Party Canine Mail Screening (‘Canine Screening’) services and one for Mail Screening Alarm Resolution (‘Alarm Resolution’) services (collectively, ‘2022 resolicitation’).” See Michael Stapleton Assocs., Ltd v. United States, 163 Fed. Cl. 297, 312 (Nov. 2022) (discussing USPS taking corrective action, resulting in the issuance of two new solicitations, to mitigate the organizational conflict of interest (OCI) by shortening MSA’s contract by one year and cancelling all renewal options for the contract).

3) On 26 October 2022, in light of CO Franklin’s October 2021 report finding “MSA had an OCI involving unequal access to information and possibly biased ground rules” due to “a member of the [USPS] technical evaluation committee [sending] an [internal] presentation to . . . MSA,” the Court issued an order “to seek USPS guidance on several reevaluation or resolicitation factors to craft an equitable remedy . . . in [a] forthcoming, more detailed order.” 26 Oct. 2022 Sealed Order, Michael Stapleton Assocs., Ltd v. United States, No. 22-573 (Fed. Cl. 26 Oct. 2022), ECF No. 69; see also 31 Oct. 2022 Public Order, Michael Stapleton Assocs., Ltd v. United States, No. 22-573 (Fed. Cl. 31 Oct. 2022), ECF No. 72. On 23 November 2022, the Court, in a more detailed order, enjoined MSA from performance in light of the CO’s October 2021 OCI directions being violated amid the 2022 contract award processes. 23 Nov. 2022 Order, Michael Stapleton Assocs., Ltd v. United States, No. 22-573 (Fed. Cl. 23 Nov. 2022), ECF No. 85 (citing 2020 AR at 3665–84 (CO Franklin’s 22 October 2021 Decision Following Second Remand), ECF No. 125-5); see also 30 Nov. 2022 Public Reported Order, Michael Stapleton Assocs., Ltd v. United States, No. 22-573 (Fed. Cl. 30 Nov. 2022), ECF No. 89; Michael Stapleton Assocs., Ltd v. United States, 163 Fed. Cl. 297 (30 Nov. 2022). On 22 December 2023, in a related case, the Court enjoined USPS’ award of the contract to K2 based on a finding of material misrepresentation in K2’s proposal. Specifically, the Court had “ample reason . . . [to] find[] . . . falsity in K2’s proposal related to past performance.” Glob. K9 Prot. Grp., LLC v. United States, 169 Fed. Cl. 116, 142 (2023).

There is a companion opinion on the Home Page.

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I wonder if the same “key dog personnel” are still available…🤪

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