Page | 001 REDACTED OPINION
In the United States Court of Federal Claims
No. 16-784C
Filed: November 3, 2016
Redacted Version Issued for Publication: November 9, 20161
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PALANTIR USG, INC.,
Protestor, v.
UNITED STATES, Defendant.
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Pre-Award Bid Protest; Cross- Motions for Judgment on the Administrative Record; Commercial Availability; 10 U.S.C. § 2377; Bad Faith; Supplementation to the Administrative Record; Permanent Injunction.
Hamish Hume, Boies, Schiller & Flexner LLP, Washington, D.C., for protestor. With him were Stacey K. Grigsby, and Jon R. Knight, Boies, Schiller & Flexner LLP, Washington, D.C.
Domenique G. Kirchner, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C., for defendant. With her were Scott A. MacGriff, Trial Attorney, Commercial Litigation Branch, Douglas K. Mickle, Assistant Director, Commercial Litigation Branch, Robert E. Kirschman, Jr., Director, Commercial Litigation Branch, and Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Civil Division, Department of Justice. Of counsel were Scott N. Flesch, Major Lawrence P. Gilbert, Evan C. Williams, and Frank A. March, United States Army Legal Services Agency, and Debra J. Talley and Daniel J. Beuke, United States Army Materiel Command.
OPINION
1 This opinion was issued under seal on November 3, 2016. The parties were asked to propose redactions prior to public release of the opinion. This opinion is issued with some of the redactions that the parties proposed in response to the court’s request. Words which are redacted are reflected with the notation: “[redacted].”
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