In the United States Court of Federal Claims NOT FOR PUBLICATION Bid Protest No. 18-253C Filed Under Seal: July 12, 2018 Reissued for Publication: July 30, 2018* ) CSI AVIATION, INC., ) ) Plaintiff, ) ) Post-Award Bid Protest; Judgment Upon v. ) the Administrative Record; RCFC 52.1; ) Injunctive Relief; Best Value THE UNITED STATES, ) Determination. ) Defendant, ) ) v. ) ) CLASSIC AIR CHARTER, INC., ) ) Defendant-Intervenor. ) ) Eric J. Marcotte, Esq., Counsel of Record, David M. Hernandez, Of Counsel, Kelly E. Buroker, Of Counsel, Tamara Droubi, Of Counsel, Vedder Price PC, Washington, DC, for plaintiff. Douglas G. Edelschick, Trial Attorney, Douglas K. Mickle, Assistant Director, Robert E. Kirchman, Jr., Director, Chad A. Readler, Acting Assistant Attorney General, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC; Cassandra A. Maximous, Associate Legal Advisor, Office of the Principal Legal Advisor, United States Immigration and Customs Enforcement, United States Department of Homeland Security, Washington, DC, for defendant. * This Memorandum Opinion and Order was originally filed under seal on July 12, 2018 (docket entry no. 51), pursuant to the Protective Order entered in this action on February 22, 2018 (docket entry no. 15). The parties were given an opportunity to advise the Court of their views with respect to what information, if any, should be redacted under the terms of the Protective Order. The parties filed a joint status report on July 27, 2018, indicating the redactions they contend are warranted (docket entry no. 53). And so, the Court is reissuing its Memorandum Opinion and Order, dated July 12, 2018, with the adopted redactions indicated by three consecutive asterisks within brackets ([***]). Robert K. Tompkins, Counsel of Record, Rodney M. Perry, Of Counsel, Leila S. George- Wheeler, Of Counsel, David C. Kully, Of Counsel, Holland & Knight, LLP, Washington, DC, for defendant-intervenor MEMORANDUM OPINION AND ORDER GRIGGSBY, Judge I. INTRODUCTION In this post-award bid protest matter, CSI Aviation, Inc. (“CSI”) challenges the United States Department of Homeland Security, Immigration and Custom Enforcement’s (“ICE”) decision to award a contract to provide certain charter aircraft services, flight crews, medical crews, and crews of aviation security officers (the “Charter Flight Contract”) to Classic Air Charter, Inc. (“CAC”). As relief, CSI requests that the Court: (1) set aside ICE’s award decision; (2) enjoin ICE and CAC from proceeding with performance under the Charter Flight Contract; (3) order ICE to terminate the Charter Flight Contract and to either re-open the procurement or to award the contract to CSI; and (4) award certain declaratory relief. Am. Compl. at Prayer for Relief. The parties have filed cross-motions for judgment upon the administrative record, pursuant to Rule 52.1 of the Rules of the United States Court of Federal Claims (“RCFC”). See generally Pl. Mot.; Def. Mot.; Def.-Int. Mot. For the reasons set forth below, the Court: (1) DENIES CSI’s motion for judgment upon the administrative record; (2) GRANTS the government’s and CAC’s cross-motions for judgment upon the administrative record; and (3) ...
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