QUESTIONS PRESENTED

1. Whether under the provision in the Administra- tive Procedure Act stating that “due account shall be taken of the rule of prejudicial error” when reviewing agency action, 5 U.S.C. 706, a court may deny a bid pro- test when it determines that the plaintiff was not prej- udiced by an allegedly improper term in the agency’s solicitation because the plaintiff was ineligible for a con- tract award under a separate, lawful term of the solici- tation.

2. Whether a court may defer to a federal contract- ing officer’s factual determinations, following an inves- tigation, that potential conflicts of interest on the part of certain agency employees did not affect the procure- ment.

U.S. Attorney’s Office

Western District of New York

FOR IMMEDIATE RELEASE

Wednesday, May 26, 2021

Postal Worker Fined For Failing To Deliver Over 1,300 Pieces Of Mail

CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Barrett, 30, of Sanborn, NY, who was convicted of delay or destruction of mail, was fined $600.00 by U.S. Magistrate Judge Jeremiah J. McCarthy.

Assistant U.S. Attorney Paul E. Bonanno, who handled the case, stated that the defendant was employed as a U.S. Postal Service mail carrier assigned to the Lewiston Post Office and responsible for mail deliveries in Lewiston and Youngstown, NY. On October 13, 2020, Barrett was to deliver 1,314 mail pieces, including 502 first class mailings, two certified mailings, and 794 standard mailings, for delivery in the Youngstown area. Instead of delivering those mail pieces, the defendant placed them in a wooded area off Pletcher Road in Youngstown. They were recovered later that day by law enforcement officers. Six days later, on October 19, 2020, fourteen bundles of banded Western New York Value newspapers, dated between August 29 and October 10, 2020, were discovered by USPS agents discarded in a wooded area just west of where the mail pieces were discovered. Barrett was interviewed by USPS agents on October 20, 2020 and admitted to dumping the mail and newspapers instead of delivering them.

The sentencing is the result of an investigation by the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, and the Lewiston Police Department, under the direction of Chief Frank Previte.

https://www.justice.gov/usao-wdny/pr/postal-worker-fined-failing-deliver-over-1300-pieces-mail

IMMEDIATE RELEASE

Flag Officer Assignments

MAY 26, 2021

The acting secretary of the Navy and chief of naval operations announced today the following assignments:

Rear Adm. (lower half) William E. Chase III, selected for promotion to rear admiral, will be assigned deputy commander, Joint Force Headquarters-Department of Defense Information Network (JFHQ-DODIN), U.S. Cyber Command, Fort Meade, Maryland. Chase is currently serving as deputy principal cyber advisor to the secretary of defense, Office of the Under Secretary of Defense for Policy, Washington, D.C.

Rear Adm. (lower half) Brian L. Davies will be assigned additional duties as deputy commander, Second Fleet, Norfolk, Virginia. Davies will retain all currently assigned duties as commander, Submarine Group Two, Norfolk, Virginia.

Rear Adm. (lower half) Jeffrey S. Scheidt will be assigned as deputy principal cyber advisor to the secretary of defense, Office of the Under Secretary of Defense for Policy, Washington, D.C. Scheidt is currently serving as deputy chief, computer network operations, National Security Agency, Office of the Under Secretary of Defense for Intelligence, Fort Meade, Maryland.

Rear Adm. (lower half) Michael J. Steffen will be assigned as commandant, Naval District Washington, Washington, D.C. Steffen is currently serving as deputy commander, Second Fleet, Norfolk, Virginia.

Capt. Anthony E. Rossi, selected for promotion to rear admiral (lower half), will be assigned as director, Navy International Programs Office, Office of the Secretary of the Navy, Washington, D.C. Rossi is currently serving as major program manager, Mission Integration and Special Programs Office, PMA 298, Patuxent River, Maryland.

https://www.defense.gov/Newsroom/Releases/Release/Article/2634065/flag-officer-assignments/

THE WAY AHEAD

In conclusion, the U.S. Space Force will continue to promote and inform how we establish, partner, shape, and leverage responsible behavior in space. Our Service’s inception brings the unprecedented opportunity to integrate organizational design, while creating new military options with the Joint Force, interagency, industry, and especially our allies and partners. As General Raymond has stated:

We are forging a warfighting Service that is always above. Our purpose is to promote security, assure allies and partners, and deter aggressors by demonstrating the capability to deny their objectives and impose costs upon them. We will ensure American leadership in an ongoing revolution of operations in space, and we will be leaders within government to achieve greater speed in decision-making and action. We will partner with and lead others to further responsible actions in, and use of, space to promote security and enhance prosperity. Should an aggressor threaten our interests, America’s space professionals stand ready to fight and win.3

I thank Congress for your leadership and support. We are eager to work with your committee to secure our Nation’s vital interests.