In the United States Court of Federal Claims BID PROTEST No. 20-1417C Filed Under Seal: April 29, 2021 Reissued: May 10, 2021* NOT FOR PUBLICATION ) VAS REALTY, LLC, ) ) Plaintiff, ) ) v. ) Post-Award Bid Protest; Judgment Upon ) the Administrative Record, RCFC 52.1; THE UNITED STATES, ) RCFC 12(b)(1); Subject-Matter ) Jurisdiction; Standing. Defendant, ) ) v. ) ) CAPE MORAINE LLP, ) ) Defendant-Intervenor. ) ) Anuj Vohra, Counsel of Record, Christian N. Curran, Of Counsel, Alexandra L. Barbee- Garrett, Of Counsel, Crowell & Moring LLP, Washington, DC, for plaintiff. Stephen C. Tosini, Senior Trial Counsel, Douglas K. Mickle, Assistant Director, Robert E. Kirschman, Jr., Director, Jeffrey Bossert Clark, Acting Assistant Attorney General, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC; Nancy E. O’Connell, Of Counsel, General Services Administration, for defendant. Robert C. MacKichan, Jr., Counsel of Record, Gordon Griffin, Of Counsel, Hillary J. Freund, Of Counsel, Holland & Knight LLP, Washington, DC, for defendant-intervenor. * This Memorandum Opinion and Order was originally filed under seal on April 29, 2021. ECF No. 56. 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. On May 5, 2021, defendant- intervenor filed a joint status report on behalf of the parties stating that the parties had no redactions to the Memorandum Opinion and Order. ECF No. 59. And so, the Court is reissuing its Memorandum Opinion and Order, dated April 29, 2021, as the public opinion. MEMORANDUM OPINION AND ORDER GRIGGSBY, Judge I. INTRODUCTION Plaintiff, VAS Realty, Inc. (“VAS”), brings this post-award bid protest action challenging the General Services Administration’s (“GSA”) decision to award a lease for a facility to house the Department of Homeland Security, Immigrations and Customs Enforcement (“DHS-ICE”) in Warwick, Rhode Island to Cape Moraine, LLC (“Cape Moraine”). The government and Cape Moraine have 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.; Def.-Int. 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. For the reasons discussed below, the Court: (1) GRANTS the government’s and Cape Moraine’s motions to dismiss; (2) DENIES-as-MOOT VAS’s motion for judgment upon the administrative record; (3) DENIES-as-MOOT the government’s and Cape Moraine’s cross- motions for judgment upon the administrative record; and (4) DISMISSES the complaint. II. FACTUAL AND PROCEDURAL BACKGROUND1 A. Factual Background This post-award bid protest dispute involves a challenge to GSA’s decision to award a lease for a facility to house DHS-ICE in Warwick, Rhode Island to Cape Moraine (the “ICE Lease”). Compl. at ¶ 1. VAS is the incumbent lessor of the facility that currently houses DHS- ICE, which is located at 1 International Way, Warwick, Rhode Island. Id. 1. The Request For Lease Proposals On …
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