Protective Order in Procurement Protest Cases

• Legal Form Number: 8
• Court: U.S. Claims Court
• Section: Court of Federal Claims

206

FORM 8

PROTECTIVE ORDER IN PROCUREMENT PROTEST CASES

United States Court of Federal Claims

)

)

________________________, )

) No. _____________

Plaintiff, )

) Judge ____________

v. )

)

THE UNITED STATES, )

)

Defendant. )

_______________________

PROTECTIVE ORDER

________________________

The court finds that certain information likely to be disclosed orally or in writing during

the course of this litigation may be competition-sensitive or otherwise protectable and that entry

of a Protective Order is necessary to safeguard the confidentiality of that information. Accordingly,

the parties shall comply with the terms and conditions of this Protective Order.

I.

1. Protected Information Defined. “Protected information” as used in this order means

information that must be protected to safeguard the competitive process, including source

selection information, proprietary information, and confidential information contained in:

(a) any document (e.g., a pleading, motion, brief, notice, or discovery request or

response) produced, filed, or served by a party to this litigation; or

(b) any deposition, sealed testimony or argument, declaration, or affidavit taken or

provided during this litigation.

2. Restrictions on the Use of Protected Information. Protected information may be used solely

for the purposes of this litigation and may not be given, shown, made available, discussed,

or otherwise conveyed in any form except as provided herein or as otherwise required by

federal statutory law.