SIERRA NEVADA CORPORATION v. USA

Filing 48

ORDER: The Clerk is directed to enter judgment for Plaintiff. The government shall comply with the terms of the permanent injunction contained within this Order. Signed by Judge Matthew H. Solomson. (rag) Service on parties made.

In the United States Court of Federal Claims
No. 21-1186C
(Filed: July 14, 2021)

SIERRA NEVADA CORPORATION,
Plaintiff,
v.
THE UNITED STATES,
Defendant,
and
SIKORSKY AIRCRAFT
CORPORATION,
DefendantIntervenor.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

ORDER AND JUDGMENT
For the reasons explained in the Court’s July 1, 2021 decision, Plaintiff’s Motion
for Judgment on the Administrative Record (ECF No. 23) is GRANTED, and
Defendant’s and Defendant-Intervenor’s Cross-Motions for Judgment on the
Administrative Record (ECF No. 22, 24) are DENIED. See ECF No. 44. In that decision,
the Court further ordered the government to propose terms of a permanent injunction
in consultation with the other parties. Id. at 24.
On July 14, 2021, the government filed a status report, proposing permanent
injunction terms, which the other parties do not oppose. ECF No. 47.
Accordingly, upon consideration of Plaintiff’s request for permanent injunctive
relief, the Court adopts the government’s unopposed proposed injunctive relief terms,
and ORDERS as follows:
(1) The United States Air Force is hereby enjoined from awarding to Sikorsky
Aircraft Corporation (“Sikorsky”) any delivery orders under the ID/IQ

contract contemplated in the Justification & Approval (“J&A”) approved on
January 19, 2021 to perform any new capability upgrades on the Combat
Rescue Helicopter (“CRH”) after the earlier of either: (a) the Air Force
awarding the orders necessary to commence the first three contemplated
capability upgrades (a degraded visual environment (“DVE”) sensor and
system, Global Positioning System Anti-Jam/Anti-Spoof (“GPS-AJ”)
capability, and mobile user objective system (“MUOS”)), or (b) the Air Force
receiving from Sikorsky the complete Technical Data Package (“TDP”) for the
CRH aircraft in accordance with the terms of the CRH production contract.
(2) The U.S. Air Force shall compete any work to accomplish additional
capability upgrades on the CRH aircraft that are not already under contract
prior to the earlier of (a) or (b) above, unless an exception to competition
under 10 U.S.C. § 2304 applies and a separate J&A authorizing a sole-source
award is approved.
The Clerk is directed to enter JUDGMENT accordingly.
IT IS SO ORDERED.
s/Matthew H. Solomson
Matthew H. Solomson
Judge

2