E&L Construction Group, LLC v. United States

Syllabus

REPORTED OPINION of the court's March 4, 2022 SEALEDOPINION AND ORDER denying [35] Plaintiff's Motion for Judgment on the Administrative Record denying [37] intervenor-defendant's Cross Motion denying 39 defendant's Cross Motion the clerk's office is directed to STAY this matter until further order of the court and pursuant to 28 U.S.C. § 1491(b)(2) and RCFC 52.2(a), plaintiffs claims are REMANDED to the United States Small Business Administration so that the agency may address the matters identified in this opinion. The initial duration of the remand is one-hundred eighty days from the date of this opinion, or until August 31, 2022, which may be extended, upon motion, pursuant to RCFC 52.2(c), or which may be shortened should the agency complete its reconsideration process sooner. On or before 3/11/2022, defendant is directed to FILE a status report providing the court with the name and address of the agency representative on whom the court should serve a certified copy of this opinion and order. On or before 3/25/2022, the parties are directed to CONFER and FILE a notice attaching the parties agreed upon redacted version of this opinion, with all competition-sensitive information blacked out. Pursuant to RCFC 52.2(b)(1)(D), the parties are directed to FILE a joint status report on or before 5/3/2022 and 7/5/2022 indicating the status of proceedings on remand. Pursuant to RCFC 52.2(e), the parties are directed to FILE a notice within five days after the conclusion of remand proceedings that sets forth the parties positions regarding whether further litigation of this matter is necessary. If further proceedings are appropriate, the parties shall include a proposed schedule to govern this case going forward. Signed by Judge Patricia E. Campbell-Smith. (mp) Service on parties made.