U.S. Court of Federal Claims Finds in Favor of Firm Clients, Superior Helicopter, LLC and Rainier Heli-Lift, Inc.

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On August 29, 2007, the U.S. Court of Federal Claims issued a declaratory judgment in favor of firm clients Superior Helicopter, LLC and Rainier Heli-Lift, Inc. Both companies are longtime contractors that have supplied specialized helicopters and skilled crew members to help the United States Forest Service (USFS) fight forest fires in the western United States. After the USFS rejected the companies’ bids earlier in the year to continue providing these services, they filed protests at the U.S. Government Accountability Office (GAO), which has until mid-October to issue rulings.

When such protests are filed at the GAO, the challenged contracts normally are stopped. However, in this instance, the Acting Chief of the Forest Service determined that urgent and compelling interests justified going forward with the contracts. When that determination was made public, Superior and Rainier filed suit in the U.S. Court of Federal Claims, arguing that the USFS’s determination was arbitrary and capricious because it was not supported by the facts. The Court of Federal Claims issued a declaratory judgment setting-aside and dissolving the USFS’s determination. Tim Sullivan and Kym Nucci in the firm’s Washington, D.C. office served as co-counsel in both the court action and at the GAO.