Application For Access To Material Under A Protective Order (In-House Counsel) {GAO-19-613SP}

UNITED STATES GOVERNMENT ACCOUNTABILITY OFFICE OFFICE OF THE GENERAL COUNSEL PROCUREMENT LAW DIVISION Washington, D.C. 20548 Matter of: File: Agency: APPLICATION FOR ACCESS TO MATERIAL UNDER A PROTECTIVE ORDER FOR IN-HOUSE COUNSEL 1. I, , hereby apply for access to protected material covered by the protective order issued in connection with this protest. 2. I am in-house counsel for 3. I am a member of the bar(s) of _ . , a party to this protest. ; my bar membership number(s) is/are 4. My professional relationship with the party I represent in this protest and its personnel is strictly one of legal counsel. I am not involved in competitive decisionmaking as discussed in U.S. Steel Corp. v. United States, 730 F.2d 1465 (Fed. Cir. 1984), for or on behalf of the party I represent, any entity that is an interested party to this protest, or any other firm that might gain a competitive advantage from access to the material disclosed under the protective order. I do not provide advice or participate in any decisions of such parties in matters involving similar or corresponding information about a competitor. This means that I do not, for example, provide advice concerning or participate in decisions about marketing or advertising strategies, product research and development, product design or competitive structuring and composition of bids, offers, or proposals with respect to which the use of protected material could provide a competitive advantage. Page 1 GAO-09-770SP Guide to GAO Protective Orders American LegalNet, Inc. www.FormsWorkFlow.com 5. I have attached a detailed narrative providing the following information: (a) my position and responsibilities as in-house counsel, including my role in providing advice in procurement-related matters; (b) the person(s) to whom I report, and their position(s) and responsibilities; (c) the number of in-house counsel at the office in which I work, and their involvement, if any, in competitive decisionmaking and in providing advice in procurement-related matters; (d) my relationship to the nearest person involved in competitive decisionmaking (both in terms of physical proximity and corporate structure); and (e) measures taken to isolate me from competitive decisionmaking and to protect against the inadvertent disclosure of protected material to persons not admitted under the protective order. 6. I identify here (by writing "none" or listing names, position, and responsibilities) any member of my immediate family who is an officer or holds a management position with an interested party in the protest or with any other firm that might gain a competitive advantage from access to the material disclosed under the protective order: (Attach additional pages for this and the following questions, if needed.) 7. I identify here (by writing "none" or identifying the name of the forum, case number, date, and circumstances) instances within the last 2 years in which I have been denied admission to a protective order, or had admission revoked, or been found to have violated a protective order issued by GAO or by an administrative or judicial tribunal: 8. I identify here (by writing "none" or listing the protest name and file number) any pending application for admission to a protective order issued by GAO: 9. I have read the protective order issued by GAO in this protest, and I will comply in all respects with that order and will abide by its terms and conditions in handling any protected material filed or produced in connection with the protest. Page 2 GAO-09-770SP Guide to GAO Protective Orders American LegalNet, Inc. www.FormsWorkFlow.com 10. I acknowledge that any violation of the terms of the protective order may result in the imposition of such sanctions as GAO deems appropriate, including but not limited to dismissal of the protest, referral of the violation to appropriate bar associations or other disciplinary bodies, and restricting my practice before GAO. I further acknowledge that a party whose protected information is improperly disclosed shall be entitled to all remedies under law or equity, including breach of contract. CERTIFICATION By my signature, I certify that, to the best of my knowledge, the representations set forth above (including any attached statements) are true and correct. I recognize that knowingly making a false statement on this application could render me liable to a $10,000 fine or 5 years imprisonment, or both, pursuant to 18 U.S.C. § 1001. I identify below the mailing address and facsimile number at which I may receive protected material in accordance with the terms of the protective order. Signature Date Executed Typed Name and Title Mailing Address Direct Dial Telephone Number Facsimile Number E-Mail Address Page 3 GAO-09-770SP Guide to GAO Protective Orders June 2009 American LegalNet, Inc. www.FormsWorkFlow.com