COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

(BID PROTEST)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

[PLAINTIFF NAME],

Plaintiff,

v.

THE UNITED STATES,

Defendant.

Case No.: [____] (To be assigned)

Judge: (To be assigned)

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

I. INTRODUCTION

1. Plaintiff [________________________________] ("Plaintiff" or "[____]") brings this bid protest action pursuant to 28 U.S.C. § 1491(b)(1) challenging the decision of [________________________________] (the "Agency") to [award Contract No. ________________________________ to ________________________________ / reject Plaintiff's proposal / other: ________________________________].

2. The Agency's decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, and violated applicable procurement statutes and regulations.

II. PARTIES

3. Plaintiff [________________________________] is a [corporation/limited liability company/partnership/other: ____] organized under the laws of [________________________________], with its principal place of business at [________________________________].

4. Defendant is the United States of America. The contracting agency is [________________________________], a component of [________________________________].

III. JURISDICTION AND VENUE

5. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1491(b)(1), which grants the Court of Federal Claims jurisdiction over "an action by an interested party objecting to a solicitation by a Federal agency for bids or proposals for a proposed contract or to a proposed award or the award of a contract or any alleged violation of statute or regulation in connection with a procurement or a proposed procurement."

6. Venue is proper in this Court.

IV. STANDING

7. Plaintiff is an "interested party" within the meaning of 28 U.S.C. § 1491(b)(1) because:

☐ Plaintiff is an actual offeror whose direct economic interest would be affected by the award of the contract or by the failure to award the contract

☐ Plaintiff is a prospective offeror who was precluded from competing

☐ Plaintiff would be in line for award if the challenged agency decision were set aside

8. Plaintiff has suffered competitive prejudice as a result of the Agency's errors because:

[________________________________]
[________________________________]
[________________________________]

V. TIMELINESS

9. This action is timely filed. Plaintiff received notice of the Agency's decision on [__/__/____].

10. [If post-award]: The contract was awarded on [__/__/____]. Plaintiff's debriefing was held on [__/__/____]. This Complaint is filed within a reasonable time of the Agency's decision.

11. [If pre-award]: The solicitation closes on [__/__/____]. This Complaint challenges improprieties in the solicitation that are apparent on its face.

VI. FACTUAL BACKGROUND

A. The Procurement

12. On or about [__/__/____], the Agency issued Solicitation No. [________________________________] for [________________________________] (the "Solicitation").

13. The Solicitation sought [________________________________].

14. The contract type was: ☐ Firm Fixed-Price ☐ Cost-Plus-Fixed-Fee ☐ Time and Materials ☐ Other: [________________________________]

15. The procurement was conducted as:

☐ Full and open competition
☐ Small business set-aside (☐ 8(a) ☐ HUBZone ☐ SDVOSB ☐ WOSB ☐ Other: ____)
☐ Sole source
☐ Other: [________________________________]

16. The evaluation factors set forth in the Solicitation were:

Factor 1: [________________________________] Weight: [____]
Factor 2: [________________________________] Weight: [____]
Factor 3: [________________________________] Weight: [____]
Factor 4: [________________________________] Weight: [____]

17. [________________________________]

B. Plaintiff's Proposal

18. Plaintiff submitted its proposal on [__/__/____].

19. [________________________________]
    [________________________________]

C. The Agency's Evaluation and Decision

20. [________________________________]

21. On [__/__/____], the Agency [made award to ________________________________ / notified Plaintiff that its proposal was excluded from the competitive range / took the following action: ________________________________].

22. [________________________________]
    [________________________________]

D. Debriefing (if applicable)

23. ☐ Plaintiff requested and received a debriefing on [__/__/____].
    ☐ Plaintiff requested but was denied a debriefing.
    ☐ Not applicable.

24. During the debriefing, the Agency stated:
    [________________________________]
    [________________________________]

VII. CLAIMS FOR RELIEF

COUNT I: [________________________________]

25. Plaintiff incorporates by reference paragraphs 1 through 24 above.

26. The Agency's [action/decision] was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law because:

[________________________________]
[________________________________]
[________________________________]

27. This action violated [cite applicable statute, regulation, or solicitation provision]:

[________________________________]

28. As a result, Plaintiff has been competitively prejudiced.

COUNT II: [________________________________]

29. Plaintiff incorporates by reference paragraphs 1 through 28 above.

30. The Agency's [action/decision] was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law because:

[________________________________]
[________________________________]
[________________________________]

31. This action violated [cite applicable statute, regulation, or solicitation provision]:

[________________________________]

32. As a result, Plaintiff has been competitively prejudiced.

COUNT III: [________________________________]

33. Plaintiff incorporates by reference paragraphs 1 through 32 above.

34. The Agency's [action/decision] was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law because:

[________________________________]
[________________________________]
[________________________________]

35. This action violated [cite applicable statute, regulation, or solicitation provision]:

[________________________________]

36. As a result, Plaintiff has been competitively prejudiced.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Declare that the Agency's [decision/action] was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

B. Issue a permanent injunction:

☐ Enjoining the Agency from proceeding with the contract award
☐ Directing the Agency to terminate the contract awarded to [________________________________]
☐ Directing the Agency to reevaluate proposals in accordance with the Solicitation and applicable law
☐ Directing the Agency to make award to Plaintiff
☐ Directing the Agency to amend the Solicitation and resolicit proposals
☐ Other: [________________________________]

C. Award Plaintiff its costs of suit, including reasonable attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412;

D. Award Plaintiff its proposal preparation costs;

E. Grant such other and further relief as the Court deems just and proper.

IX. REQUEST FOR PRELIMINARY INJUNCTIVE RELIEF

37. Plaintiff intends to file a Motion for Temporary Restraining Order and/or Preliminary Injunction contemporaneously with this Complaint.

38. Plaintiff is likely to succeed on the merits for the reasons set forth above.

39. Plaintiff will suffer irreparable harm absent injunctive relief because:
    [________________________________]
    [________________________________]

40. The balance of hardships tips in Plaintiff's favor because:
    [________________________________]
    [________________________________]

41. A preliminary injunction is in the public interest because:
    [________________________________]
    [________________________________]

Respectfully submitted,

Date: [__/__/____]

[________________________________]
Attorney for Plaintiff

[________________________________]
[Bar Number]
[Firm Name]
[Address]
[Telephone]
[Email]

VERIFICATION

I, [________________________________], being duly sworn, state that I am [title] of Plaintiff [________________________________], that I have read the foregoing Complaint, and that the factual statements contained therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
Signature

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

[________________________________]
Notary Public

My Commission Expires: [__/__/____]

PRE-FILING NOTIFICATION CERTIFICATE

Pursuant to RCFC Appendix C, Paragraph 2, Plaintiff certifies that at least 24 hours before filing this Complaint, written notification of intent to file this bid protest was provided to:

1. Clerk of the Court
Date and Time of Notification: [__/__/____] at [____] a.m./p.m.
Method: [________________________________]

2. U.S. Department of Justice, Civil Division, Commercial Litigation Branch
Date and Time of Notification: [__/__/____] at [____] a.m./p.m.
Method: [________________________________]

3. Contracting Officer
Name: [________________________________]
Agency: [________________________________]
Date and Time of Notification: [__/__/____] at [____] a.m./p.m.
Method: [________________________________]

4. Apparently Successful Offeror (if known)
Name: [________________________________]
Date and Time of Notification: [__/__/____] at [____] a.m./p.m.
Method: [________________________________]

FILING FEE

☐ Filing fee of $402.00 is submitted herewith
☐ Application to Proceed In Forma Pauperis is filed herewith

NOTICE REGARDING INTERVENTION

Any party that wishes to intervene in this action must file a motion to intervene pursuant to RCFC 24 and Appendix C.

IMPORTANT NOTES

1. Pre-Filing Notice Required: RCFC Appendix C requires 24-hour advance notice to the Clerk, DOJ, the Contracting Officer, and the apparently successful offeror before filing a bid protest.

2. Filing Fee: The current filing fee is $402.00.

3. Administrative Record: The Agency will produce the Administrative Record, which forms the basis for the Court's review under the Administrative Procedure Act standard.

4. Standard of Review: The Court reviews procurement decisions under the arbitrary and capricious standard of 5 U.S.C. § 706(2)(A).

5. Timeliness: While COFC does not have a strict deadline like GAO's 10-day rule, protests must be filed within a reasonable time.

6. Injunctive Relief: To obtain a TRO or preliminary injunction, plaintiff must demonstrate: (1) likelihood of success on the merits; (2) irreparable harm; (3) balance of hardships; and (4) public interest.

7. Intervention: The awardee may intervene as a matter of right to defend the award.

SOURCES AND REFERENCES

• 28 U.S.C. § 1491(b) - Tucker Act
• Rules of the Court of Federal Claims (RCFC)
• RCFC Appendix C - Standard Procedures in Bid Protest Cases
• U.S. Court of Federal Claims Website: https://www.uscfc.uscourts.gov
• Administrative Procedure Act, 5 U.S.C. § 706