ADAMS AND ASSOCIATES, INC. v. USA

Filing 32

Order of Dismissal denying 11 Motion for Judgment on the Administrative Record; granting 18 Motion to Strike ; granting 20 Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (md) Copy to parties.

In the United States Court of Federal Claims
No. 14-1180C
(Filed: February 10, 2015)

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ADAMS AND ASSOCIATES, INC.,
Plaintiff,
v.
THE UNITED STATES,
Defendant.

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ORDER
This is one of two bid protests filed by Adams and Associates, Inc.,
simultaneously pending before the court. The facts of the two cases are
virtually identical except this case is a protest of the procurement for the
Gadsden Job Corps Center while the other pertains to the procurement for the
Shiver Job Corps Center. Case number 14-1168 (“Shriver”). In both cases,
Adams argues that the Department of Labor improperly set aside the
procurement for small businesses, making Adams, a large business, ineligible
to compete. We issued an opinion in Shriver dismissing the complaint for lack
of standing. Adams and Associates, Inc. v. United States, 14-1168C, slip op.
(Fed. Cl. Feb. 6, 2015). The opinion in Shriver constitutes a complete analysis
of the legal and factual arguments relevant to both protests. The analysis here
would be identical, so we incorporate our opinion in Shriver as if set out fully
herein. We therefore grant defendant’s motion to strike and grant its
alternative motion to dismiss for lack of jurisdiction. Plaintiff’s motion for
judgment on the administrative record is denied. The clerk is directed to enter
judgment accordingly. No costs.

s/ Eric G. Bruggink
ERIC G. BRUGGINK
Judge