Form 8 - Protective Order In Procurement Protest Cases (Page 2 of 5) in pdf

II.

Individuals Permitted Access to Protected Information. Except as provided in paragraphs 7 and 8

below, the only individuals who may be given access to protected information are counsel for a party

and independent consultants and experts assisting such counsel in connection with this litigation.

Applying for Access to Protected Information. An individual seeking access to protected information

pursuant to Appendix C, Section VI of this court’s rules must read this Protective Order; must complete

the appropriate application form (Form 9—“Application for Access to Information Under Protective

Order by Outside or Inside Counsel,” or Form 10—“Application for Access to Information Under

Protective Order by Expert Consultant or Witness”); and must file the executed application with the

court.

Objecting to an Application for Admission. Any objection to an application for access must be filed

with the court within two (2) business days of the objecting party’s receipt of the application.

Receiving Access to Protected Information. If no objections have been filed by the close of the second

business day after the other parties have received the application, the applicant will be granted access

to protected information without further action by the court. If any party files an objection to an

application, access will only be granted by court order.

Access to Protected Information by Court, Department of Justice, and Agency Personnel. Personnel

of the court, the procuring agency, and the Department of Justice are automatically subject to the terms

of this Protective Order and are entitled to access to protected information without further action.

Access to Protected Information by Support Personnel. Paralegal, clerical, and administrative support

personnel assisting any counsel who has been admitted under this Protective Order may be given access

to protected information by such counsel if those personnel have first been informed by counsel of the

obligations imposed by this Protective Order.

III.

Identifying Protected Information. Protected information may be provided only to the court and to

individuals admitted under this Protective Order and must be identified as follows:

(a) if provided in electronic form, the subject line of the electronic transmission shall read

“CONTAINS PROTECTED INFORMATION”; or

(b) if provided in paper form, the document must be sealed in a parcel containing the legend

“PROTECTED INFORMATION ENCLOSED” conspicuously marked on the outside.

The first page of each document containing protected information, including courtesy copies for use

by the judge, must contain a banner stating “Protected Information to Be Disclosed Only in

Accordance With the U.S. Court of Federal Claims Protective Order” and the portions of any

document containing protected information must be clearly identified.

10. Filing Protected Information. Pursuant to this order, a document containing protected information may

be filed electronically under the court’s electronic case filing system using the appropriate activity listed

Form 8 - Protective Order In Procurement Protest Cases Page 2