Government seeks dismissal of PAE LOGCAP V case

By Marjorie Censer  / August 26, 2019

The U.S. government late last week filed for dismissal of a LOGCAP V case filed by a PAE-Parsons team.

The case was filed in the U.S. Court of Federal Claims earlier this month. The latest filing was first reported by Bloomberg.

In its filing, the government said the federal court "lacks jurisdiction" to entertain the complaint because it is "barred by the Federal Acquisition Streamlining Act of 1994."

"Subject to exceptions not applicable here, FASA provides that a 'protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order,'" the filing reads. The Parsons-PAE team "is effectively challenging the award of task orders in the United States Africa Command (AFRICOM) to defendant-intervenor, Fluor Intercontinental . . . under Fluor's Logistics Civil Augmentation Program V (LOGCAP V) indefinite-delivery, indefinite-quantity (IDIQ) contract."

The filing says PAE is arguing it "should have received the more lucrative AFRICOM task orders, instead of the [U.S. Southern Command] task orders."

However, the government argues that even if the court disagreed about the FASA protest bar, the Parsons-PAE team still is not an "interested party" to contest Fluor’s contract because it also was a LOGCAP V awardee.

"Relying upon several decisions from this Court, the GAO has determined that an [indefinite-delivery, indefinite-quantity] contract awardee is generally not an 'actual or prospective bidder' with respect to another IDIQ awardee's contract," the filing adds. The Parsons-PAE team "has received an IDIQ contract, and it cannot be awarded an additional IDIQ contract, even if Fluor were displaced."

The government seeks dismissal of the case.

According to a scheduling notice filed earlier this month, plaintiff PAE-Parsons is slated to file a response to the motion to dismiss by Aug. 28.