In the United States Court of Federal Claims BID PROTEST No. 19-1737C Filed Under Seal: March 31, 2020 Reissued: April 6, 2020* ) COMPUTER WORLD SERVICES ) CORP., ) ) Plaintiff, ) ) Post-Award Bid Protest; Judgment Upon v. ) The Administrative Record; RCFC 52.1; ) Injunctive Relief; RCFC 65; Motion to THE UNITED STATES, ) Dismiss; RCFC 12(b)(1); Waiver. ) Defendant, ) ) v. ) ) ALETHIX, LLC, ) ) Defendant-Intervenor. ) ) Jonathan J. Frankel, Counsel of Record, Karla J. Letsche, Of Counsel, Frankel PLLC, Washington, DC, for plaintiff. Meen Geu Oh, Trial Attorney, Douglas K. Mickle, Assistant Director, Robert E. Kirschman, Jr., Director, Joseph H. Hunt, Assistant Attorney General, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC; John E. Cornell, Of Counsel, United States Citizenship and Immigration Services, for defendant. Jonathan M. Baker, Counsel of Record, Eric M. Ransom, Zachary H. Schroeder, Tyler S. Brown, Of Counsel, Crowell & Moring LLP, Washington, DC, for defendant-intervenor. * This Memorandum Opinion and Order was originally filed under seal on March 31, 2020 (ECF No. 41). The parties were given an opportunity to advise the Court of their views with respect to what information, if any, should be redacted from the Memorandum Opinion and Order. The parties filed a joint status report on April 3, 2020 (ECF No. 43) stating that no redactions are necessary. And so, the Court is reissuing its Memorandum Opinion and Order, dated March 31, 2020. MEMORANDUM OPINION AND ORDER GRIGGSBY, Judge I. INTRODUCTION Plaintiff, Computer World Services Corp. (“CWS”), brings this post-award bid protest matter challenging the United States Department of Homeland Security, United States Citizenship and Immigration Services’ (“USCIS”) decision to exclude CWS from the competition for the award of a contract to provide certain information technology services to the USCIS. See generally Compl. The government has moved to dismiss this matter for lack of subject-matter jurisdiction, pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”). See generally Def. Mot. The parties have also filed cross-motions for judgment upon the administrative record, pursuant to RCFC 52.1. See generally Pl. Mot.; Def. Mot.; Def.-Int. Mot. In addition, CWS has filed motions for a temporary restraining order and for a preliminary injunction. See generally Pl. Mot. for TRO/Prelim. Inj. For the reasons discussed below, the Court: (1) DENIES the government’s motion to dismiss; (2) DENIES CWS’s motion for judgment upon the administrative record; (3) GRANTS the government’s and Alethix, LLC’s (“Alethix”) cross-motions for judgment upon the administrative record; (4) DENIES CWS’s motions for a temporary restraining order and for a preliminary injunction; and (5) DISMISSES the complaint. II. FACTUAL AND PROCEDURAL BACKGROUND1 A. Factual Background In this post-award bid protest, CWS challenges the USCIS’s decision to exclude it from the competition for the award of a contract to provide certain information technology services to the USCIS (the “ESB Contract”), after Phase 1 of the competition. See generally Compl. As relief, CWS requests, among other things, ...
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