PAE-Parsons contests government's effort to dismiss LOGCAP V case

September 5, 2019 at 11:58 AM

In a new filing, a PAE-Parsons team is pushing back against the U.S. government's effort to dismiss its case protesting the LOGCAP V awards.

The PAE-Parsons team last month filed in the U.S. Court of Federal Claims over the program. The U.S. government sought dismissal, arguing the federal court "lacks jurisdiction" over the complaint because it is barred by the Federal Acquisition Streamlining Act of 1994.

A redacted version of PAE and Parsons' response is dated Sept. 4. In the document, the contractors argue the government’s argument is "irrational on its face."

If the court backed the jurisdictional argument, the filing contends, it would "divest this Court not only of jurisdiction over [the PAE-Parsons] protest, but also of every other protest challenging the non-award of a LOGCAP IDIQ contract, because every IDIQ award was 'indistinguishable' from the set of task orders issued alongside it," the document adds. "The Government's argument would make LOGCAP V -- and the award of $82 billion in procurement contracts -- entirely unreviewable by this Court."

The filing argues that FASA "was intended to limit this Court's jurisdiction related to task orders issued under existing IDIQ contracts, not eliminate jurisdiction over protests of IDIQ contracts entirely."

The document asks the court to deny the motion to dismiss.