Form 8 - Protective Order In Procurement Protest Cases (Page 4 of 5) in pdf

14. Waiving Protection of Information. A party may at any time waive the protection of this order with

respect to any information it has designated as protected by advising the court and the other parties in

writing and identifying with specificity the information to which this Protective Order will no longer

apply.

15. Safeguarding Protected Information. Any individual admitted under this Protective Order must take

all necessary precautions to prevent disclosure of protected information, including but not limited to

physically securing, safeguarding, and restricting access to the protected information.

16. Breach of the Protective Order. If a party discovers any breach of any provision of this Protective

Order, the party must promptly report the breach to the other parties and immediately take appropriate

action to cure the violation and retrieve any protected information that may have been disclosed to

individuals not admitted under this Protective Order. The parties must reasonably cooperate in

determining the reasons for any such breach.

17. Seeking Relief From the Protective Order. Nothing contained in this order shall preclude a party from

seeking relief from this Protective Order through the filing of an appropriate motion with the court

setting forth the basis for the relief sought.

VI.

18. Maintaining Filed Documents Under Seal. The court will maintain properly marked protected

documents under seal throughout this litigation.

19. Retaining Protected Information After the Termination of Litigation. Upon conclusion of this action

(including any appeals and remands), the original version of the administrative record and any other

materials that have been filed with the court under seal will be retained by the court pursuant to RCFC

77.3(c). Copies of such materials may be returned by the court to the filing parties for disposition in

accordance with paragraph 20 of this Protective Order.

20. Disposing of Protected Information. Within thirty (30) days after the conclusion of this action

(including any appeals and remands), each party must destroy all protected information received

pursuant to this litigation and certify in writing to each other party that such destruction has occurred

or must return the protected information to the parties from which the information was received. With

respect to protected electronically stored information (ESI) stored on counsel’s computer network(s),

destruction of such ESI for purposes of compliance with this paragraph shall be complete when counsel

takes reasonable steps to delete all such ESI from the active email system (such as, but not limited to,

the “Inbox,” “Sent Items,” and “Deleted Items” folders) of admitted counsel and of any personnel who

received or sent emails with protected information while working under the direction and supervision

of such counsel, and by deleting any protected ESI from databases under counsel’s control. Compliance

with this paragraph does not require counsel to search for and remove ESI from any computer network

back-up tapes, disaster recovery systems, or archival systems. Each party may retain one copy of such

documents, except when the retention of additional copies is required by federal law or regulation,

provided those documents are properly marked and secured.

Form 8 - Protective Order In Procurement Protest Cases Page 4