GENPHAR INC. v. U.S.

Case No. 08-788C.

GENPHAR INC., Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant, CRUCELL HOLLAND BV, Intervenor, and INTEGRATED BIO THERAPEUTICS, INC. Intervenor.

The United States Court of Federal Claims.

August 17, 2009.


Attorney(s) appearing for the Case

Terrence M. O'Connor, Albo & Oblon, LLP, Washington, D.C., attorney of record for the Plaintiff.

Sean M. Dunn, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., attorney of record for the Defendant. With him on the briefs were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Franklin E. White, Jr., Assistant Director.

Benjamin N. Thompson, Wyrick Robbins Yates & Ponton, LLP, attorney of record for the Intervenor, Crucell Holland BV. With him on the briefs was Jennifer M. Miller.

Daniel R. Forman, Crowell & Moring, LLP, attorney of record for the Intervenor, Integrated Bio Therapeutics, Inc. With him on the briefs were H. Bryan Brewer, III and Puja Satiani.

Sharon J. Kim, law clerk.


OPINION AND ORDER

LAWRENCE M. BASKIR, Judge.

This is a post-award bid protest. Plaintiff, GenPhar, Inc. (GenPhar) unsuccessfully bid on a contract with the Defendant, National Institute of Allergy and Infectious Diseases (NIAID), to develop a vaccine to protect against various strains of the Ebola and Marburg virus. The contracts went to competing bidders, Crucell Holland BV (Crucell) and Integrated Biotherapeutics (IBT), which submitted...

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