LIT COMMENTARY & UPDATES
JANUARY 18, 2025
“Before the Court is plaintiff Associated Energy Group, LLC’s (AEG) fifth bid protest concerning a sequence of contracts managed by the United States Department of Defense, Defense Logistics Agency Energy (DLA Energy) to deliver automotive, diesel, and jet fuel to a United States military base and nearby airfield located in the Republic of Djibouti.
This pre-award bid protest challenges the foreign licensing and pricing requirements included in the agency’s resolicitation of a three-year, firm fixed-price fuel supply contract worth over $500 million.
The Court previously determined AEG lacked Article III and Tucker Act standing to challenge DLA Energy’s award (and extension) of a sole source bridge contract during the pendency of the corrective action taken in response to the initial bid protest.
Here, the Court concludes AEG clears the standing hurdles to contest the terms of the resolicitation pre-award but falls short on the merits.
Based upon the record presented, the Court finds AEG has not presented preponderant evidence showing it is likely to succeed on the merits of this pre-award bid protest. In fact, the opposite is true….
Accordingly, plaintiff’s motion for a preliminary injunction is DENIED.
Associated Energy Group LLC (AEG Fuels), represented by Partner Todd Canni, is pursuing a lawsuit against the federal government in an effort to prevent it from going forward with a $120 million fuel supply contract that our client says was won by Solaris Energy DMCC through collusion and bid rigging.
Law360 reported on June 29 that, in his role as counsel to AEG Fuels, Canni told the U.S. Court of Federal Claims that
“in approximately 17 years of practicing before this court, never have I encountered a more compelling case of misconduct tainting an agency award.”
JUL 23, 2024 | REPUBLISHED BY LIT: JAN 18, 2025
| ECF,PROTO |
US Court of Federal Claims
United States Court of Federal Claims (COFC)
CIVIL DOCKET FOR CASE #: 1:24-cv-01120-AOB
| ASSOCIATED ENERGY GROUP, LLC v. USA Assigned to: Judge Armando O. Bonilla Cause: 28:1491 Tucker Act |
Date Filed: 07/23/2024 Jury Demand: None Nature of Suit: 138 Contract – (Pre Award) Injunctions Jurisdiction: U.S. Government Defendant |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/04/2024 | 44 | Notice of Filing Certified Transcript for proceedings held on October 2, 2024 in Washington, D.C. (aoc) (Entered: 10/04/2024) |
| 10/04/2024 | 45 | **SEALED**CERTIFIED TRANSCRIPT of Proceedings held on October 2, 2024 before Judge Armando O. Bonilla. Total No. of Pages: 1-29.To the parties in the case only: to order a copy of the transcript, click HERE; and Release of Transcript Restriction set for 12/30/2024. (aoc) (Entered: 10/04/2024) |
| 10/04/2024 | 46 | MOTION for Clarification of 43 Scheduling Order,,,,, , filed by USA.Response due by 10/18/2024.(Laufgraben, Eric) (Entered: 10/04/2024) |
| 10/04/2024 | 47 | ORDER granting defendant’s 46 motion for clarification. Defendant shall DELIVER one courtesy copy bound and tabbed of the administrative record to Chambers on or before November 26, 2024. All remaining deadlines included in the Court’s October 2, 2024 Order (ECF 43 ) REMAIN in effect. Signed by Judge Armando O. Bonilla. (ead) Service on parties made. (Entered: 10/04/2024) |
| 10/09/2024 | 48 | ORDER: The Clerk of Court is directed to FORWARD to the Court Reporter the transcript for the status conference (under seal) conducted on October 2, 2024 (ECF 45). The corrected transcript shall be REFILED as corrected under seal. Signed by Judge Armando O. Bonilla. (ead) Service on parties made. (Entered: 10/09/2024) |
| 10/15/2024 | 49 | Notice of Filing Corrected Transcript for proceedings held on October 2, 2024 re: 45 Certified Transcript. (aoc) (Entered: 10/15/2024) |
| 10/15/2024 | 50 | **SEALED** CORRECTED TRANSCRIPT of proceedings held on October 2, 2024. To order a copy of the corrected transcript and for the Release of Transcript Restriction date, see docket text of 45 Certified Transcript (aoc) Modified on 10/15/2024 to correct docket text (aoc). (Entered: 10/15/2024) |
| 10/23/2024 | 51 | APPLICATION for Access to Protected Material by Ariella M. Cassell, filed by ASSOCIATED ENERGY GROUP, LLC.Response due by 10/25/2024.(Canni, Todd) (Entered: 10/23/2024) |
| 10/25/2024 | 52 | Unopposed MOTION for Extension of Time to Amend 1 Complaint,,, , filed by ASSOCIATED ENERGY GROUP, LLC.Response due by 11/8/2024.(Canni, Todd) (Entered: 10/25/2024) |
| 10/25/2024 | 53 | ORDER granting plaintiff’s 52 unopposed motion for an extension of time. Plaintiff shall FILE their amended complaint on or before November 12, 2024. Defendant shall TRANSMIT a draft index of the administrative record to the plaintiff on or before November 19, 2024. The remaining deadlines included in the Court’s October 2, 2024 order (ECF 43 ) remain in effect. Signed by Judge Armando O. Bonilla. (ead) Service on parties made. (Entered: 10/25/2024) |
| 11/12/2024 | 54 | **SEALED**First AMENDED COMPLAINT against USA, filed by ASSOCIATED ENERGY GROUP, LLC. Amendment to 1 Complaint,,, , filed by ASSOCIATED ENERGY GROUP, LLC.Answer due by 11/26/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35)(Canni, Todd) (Entered: 11/12/2024) |
| 11/15/2024 | 55 | APPLICATION for Access to Protected Material by Aleksey Pricinovskis, filed by ASSOCIATED ENERGY GROUP, LLC.Response due by 11/18/2024.(Canni, Todd) Modified on 11/19/2024 to remove gavel. (py). (Entered: 11/15/2024) |
| 11/21/2024 | 56 | Unopposed MOTION for Extension of Time to Fileuntil 12/3/2024 to Provide Chambers with Courtesy Copy of Administrative Record , filed by USA.Response due by 12/5/2024.(Laufgraben, Eric) (Entered: 11/21/2024) |
| 11/21/2024 | 57 | ORDER granting defendant’s 56 unopposed motion for an extension of time. Defendant shall DELIVER one courtesy copy bound and tabbed of the administrative record to Chambers on or before December 3, 2024. The remaining deadlines included in the Court’s October 2, 2024 order (ECF 43) remain in effect. Signed by Judge Armando O. Bonilla. (ead) Service on parties made. (Entered: 11/21/2024) |
| 11/26/2024 | 58 | NOTICE, filed by USA Administrative Record. (Laufgraben, Eric) (Entered: 11/26/2024) |
| 11/27/2024 | 59 | APPLICATION for Access to Protected Material by Justin P. Murphy, filed by ASSOCIATED ENERGY GROUP, LLC.Response due by 12/2/2024.(Canni, Todd) Modified on 12/3/2024 to remove gavel.(py). (Entered: 11/27/2024) |
| 12/20/2024 | 60 | Joint MOTION for an Extension of Time for the Briefing Schedule , filed by ASSOCIATED ENERGY GROUP, LLC.Response due by 1/3/2025.(Canni, Todd) (Entered: 12/20/2024) |
| 12/20/2024 | 61 | ORDER granting plaintiff’s unopposed 60 motion to modify the briefing schedule. Plaintiff shall FILE their motion for judgment on the administrative record on or before January 24, 2025. Defendant shall FILE their combined response to plaintiff’s motion for judgment on the administrative record and cross-motion for judgment on the administrative record on or before March 11, 2025. Plaintiff shall FILE their combined response and reply brief on or before March 25, 2025. Defendant shall FILE. their final reply brief on or before April 8, 2025. All remaining deadlines included in the Courts October 2, 2024 order (ECF 43 ) remain in effect. Signed by Judge Armando O. Bonilla. (ead) Service on parties made. (Entered: 12/20/2024) |
| 01/17/2025 | 62 | Unopposed MOTION to Extend Briefing Schedule and Submit a Joint Status Report , filed by ASSOCIATED ENERGY GROUP, LLC.Response due by 1/31/2025.(Canni, Todd) (Entered: 01/17/2025) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 01/18/2025 07:49:32 |
Unopposed MOTION to Extend Briefing Schedule and Submit a Joint Status Report , filed by ASSOCIATED ENERGY GROUP, LLC.
Response due by 1/31/2025.(Canni, Todd) (Entered: 01/17/2025
ORDER granting plaintiff’s unopposed 60 motion to modify the briefing schedule.
Plaintiff shall FILE their motion for judgment on the administrative record on or before January 24, 2025.
Defendant shall FILE their combined response to plaintiff’s motion for judgment on the administrative record and cross-motion for judgment on the administrative record on or before March 11, 2025.
Plaintiff shall FILE their combined response and reply brief on or before March 25, 2025.
Defendant shall FILE. their final reply brief on or before April 8, 2025.
All remaining deadlines included in the Courts October 2, 2024 order (ECF 43 ) remain in effect.
Signed by Judge Armando O. Bonilla. (ead) Service on parties made. (Entered: 12/20/2024)
Attorney Larry Klayman Ain’t A Vexatious Litigant and Laura Loomer Ain’t F***in’ …. Donald Trump. https://t.co/ZL0T1yVjee
— lawsinusa (@lawsinusa) January 18, 2025
NOV 8, 2023 | REPUBLISHED BY LIT: JAN 18, 2025
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