No. 20-1057
Oracle America, Inc. v. United States, et al.
Tags: administrative-law administrative-record agency-deference bid-protest conflicts-of-interest criminal-statute federal-law harmless-error procurement procurement-law
Latest Conference:
2021-09-27
(distributed 2 times)
Question Presented (from Petition)
1. Whether a bid protest that establishes a violation of federal law may be denied for "harmless error" based on a rationale not present in the administrative record.
2. Whether, in resolving a bid protest that establishes a violation of the criminal conflict-of-interest statute, 18 U.S.C. § 208, the Federal Circuit can enforce the contract based on deference to an agency's assessment that the criminal violation did not taint the procurement.
Question Presented (AI Summary)
Whether a bid protest that establishes a violation of federal law may be denied for 'harmless error' based on a rationale not present in the administrative record
Docket Entries
2021-10-04
Petition DENIED.
2021-09-17
Supplemental brief of petitioner Oracle America, Inc. filed. (Distributed)
2021-09-08
Supplemental brief of respondent United States filed. (Distributed)
2021-06-30
DISTRIBUTED for Conference of 9/27/2021.
2021-06-29
Reply of petitioner Oracle America, Inc. filed. (Distributed)
2021-06-29
Letter waiving the 14-day waiting period for distribution pursuant to Rule 15.5 filed.
2021-06-18
Brief of respondent Amazon Web Services, Inc. in opposition filed.
2021-05-19
Response Requested. (Due June 18, 2021)
2021-05-18
DISTRIBUTED for Conference of 6/3/2021.
2021-05-17
Reply of petitioner Oracle America, Inc. filed. (Distributed)
2021-05-03
Waiver of right of respondent Amazon Web Services, Inc. to respond filed.
2021-05-03
Brief of respondent United States in opposition filed.
2021-03-29
Motion to extend the time to file a response is granted and the time is further extended to and including May 3, 2021.
2021-03-26
Motion to extend the time to file a response from April 5, 2021 to May 3, 2021, submitted to The Clerk.
2021-02-22
Brief amicus curiae of Frederick W. Claybrook, Jr. filed.
2021-02-19
Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2021.
2021-02-18
Motion to extend the time to file a response from March 5, 2021 to April 5, 2021, submitted to The Clerk.
2021-01-29
Petition for a writ of certiorari filed. (Response due March 5, 2021)
Attorneys
Amazon Web Services, Inc.
Mark Andrew Perry — Gibson Dunn & Crutcher, LLP, Respondent
Frederick W. Claybrook, Jr.
Frederick W. Claybrook Jr. — Claybrook, LLC, Amicus
Oracle America, Inc.
Allon Kedem — Arnold & Porter Kaye Scholer LLP, Petitioner
United States
Brian H. Fletcher — Acting Solicitor General, Respondent