The U.S. Court of Appeals for the Federal Circuit this week gave litigators for contractor Swift & Staley as well as the Department of Justice seven days to specify dates in December they won’t be available for oral arguments.
“Briefing is completed in this case,” the appeals court said in a Monday order, instructing litigators to complete and file a “Response to Notice to Advise of Scheduling Conflicts.”
The one-page notice said there’s no need for the court to hear from “non-arguing counsel.” The court panel said attorneys should only worry about the specific days when the court will be in session.
The lead Justice Department attorney Evan Wisser promptly filed his federal court obligation for the month on Tuesday. Swift & Staley said earlier its lead attorney Richard Rector could argue the case in December. On Sept. 1, Swift & Staley filed notice that attorney Daniel Cook will argue the case before the appeals court and Cook listed no conflicts. The same goes for Akima Intra-Data’s attorney Peter Dungan, according to another Sept. 1 filing.
The case revolves around whether Swift & Staley exceeded the Small Business Administration size limit for the new five-year $160-million contract the contractor was awarded by the Department of Energy in December 2020 for the Paducah Site in Kentucky.
U.S. Federal Claims Court Judge Thompson Dietz has agreed with the federal government and another bidder on the landlord services contract Akima Intra-Data that Swift & Staley should have been ineligible for the new set-aside contract. The claims court judge, however, stayed imposition of his order pending a ruling by the appeals court.
Swift & Staley took its case to the appeals court in April.
Kentucky-based Swift & Staley is the long-term incumbent, having been the landlord services provider since October 2015 under a contract now valued at $336 million, thanks to a series of extensions.
