**MEMORANDUM**

**TO:** Silverline Mapping Management
**FROM:** General Counsel
**DATE:** Tuesday, September 7, 2027
**SUBJECT:** Protest Strategy and Automatic Stay Preservation Plan

The following protest plan addresses the procedural requirements and strategic risks associated with challenging the Authority’s award to Atlas Meridian. Our objective is to secure the strongest possible procedural position, specifically preserving the automatic stay of performance before transition work begins on September 13.

### 1. The Waived Solicitation Ground
**Action:** **Exclude from Protest.**
The solicitation required five years of polar-region experience, a requirement Silverline now claims was unnecessarily restrictive. However, under **Rule 1**, a protest based on an apparent solicitation defect must be filed before the bid deadline. Because Silverline submitted its proposal without protesting this term at that time, the ground is waived. Raising this issue now will result in its dismissal and wastes Board resources.

### 2. Date of Knowledge for Post-Award Grounds
**Date:** **September 4, 2027.**
Under **Rule 3**, a required debriefing delays the knowledge date regarding matters first disclosed during that process. Since the Authority’s evaluation errors (sensor scoring, subcontractor treatment) were disclosed in the debriefing on September 4 (with slides received same day), Silverline is deemed to have "known or should have known" the basis for these grounds on **September 4**. This date excludes the initial award notice date of September 1.

### 3. Ten-Calendar-Day Board Merits Deadline
**Deadline:** **September 14, 2027.**
Per **Rule 2**, the protest must be filed within ten calendar days after knowledge of the basis. Excluding the day of knowledge (September 4):
*   Count: Sept 5, 6, 7, 8, 9, 10, 11, 12, 13, 14.
The merits protest must be received by the Board no later than September 14 to proceed on the merits.

### 4. Automatic-Stay Calculations
Rule 4 provides two alternative deadlines for preserving the automatic stay. The Board receives the protest by the **later** of these two dates:

*   **Calculation (a) Award Notice:** Ten calendar days after award notice (September 1).
    *   Excluding September 1. Count: Sept 2 through Sept 11.
    *   **Result:** September 11.
*   **Calculation (b) Debriefing:** Five calendar days after required debriefing (September 4).
    *   Excluding September 4. Count: Sept 5, 6, 7, 8, 9.
    *   **Result:** September 9.

### 5. Last Filing Date to Preserve Automatic Stay
**Date:** **September 11, 2027.**
Because Rule 4 requires filing by the *later* of the two calculations above, September 11 controls. If the Board receives our protest after the close of business on this date, performance will not be automatically stayed (Rule 5). Given transition work begins September 13, missing this deadline is critical.

### 6. Evaluation of Proposed Agency-First Sequence
**Assessment:** **Does NOT Protect the Stay.**
Management’s proposal to file an agency protest on September 10 and wait for an answer before approaching the Board carries unacceptable legal risk for two reasons:
1.  **No Automatic Stay:** Under **Rule 6**, an agency-level protest does not trigger the Board's automatic stay.
2.  **No Tolling Without Suspension:** Rule 6 states an agency protest "does not toll either Board deadline unless the agency issues a written suspension before the Board deadline expires." The Authority has made **no written commitment** to suspend performance. If we rely on the Agency, we risk missing the September 11 stay deadline and potentially the September 14 merits deadline if the agency drags out its response past those dates.

### 7. Grounds for Initial Board Protest
We must file at the Board directly. The protest will assert the following grounds based on facts known as of September 4:
1.  **Evaluation Error (Sensor Resolution):** Atlas was credited with a score based on a model not identified in its proposal, violating fairness requirements.
2.  **Violation of Solicitation Terms:** Silverline’s subcontractor experience was valued at zero despite the solicitation clause stating it "will be considered."
3.  **Improper Tradeoff:** Atlas’s evaluated price was $1.8 million higher, yet selected based on disputed technical scoring without justification that the technical advantage outweighed the cost difference.

We will exclude the polar-region experience requirement as it is waived (Rule 1).

### 8. Protected-Record Access and Supplementation
Per **Rule 8**, the initial protest must explicitly request protected access to procurement records (e.g., Atlas’s proposal) to substantiate the scoring discrepancies. We will cite the specific regulations granting this right. Additionally, we reserve the right to supplement the protest later under Rule 8 if the agency report reveals new factual information not currently known, ensuring our record is complete without needing an initial waiver of procedural rights.

### 9. Court Relief If Automatic Stay Is Lost
If the September 11 stay deadline is missed, **Rule 5** applies: performance continues unless the Board or a court grants discretionary relief. Because the automatic stay is lost, we would need to seek a preliminary injunction in federal court under **Rule 7**. This requires proving likelihood of success on the merits, irreparable harm (proposal costs alone are insufficient per facts), balance of harms, and public interest. Litigation is slower and riskier than the automatic Board stay, potentially leaving transition work completed by September 13 before a court order is issued.

### 10. Recommended Filing Sequence
To preserve the strongest procedural position and secure the automatic stay:

1.  **Draft Protest:** Immediately prepare the written protest citing the three post-award grounds identified in Section 7 and requesting record access under Rule 8.
2.  **File with Procurement Review Board:** Ensure the protest is received by the Board by the close of business on **Thursday, September 11, 2027**. Do not rely on the Agency for this step.
3.  **Monitor Agency Response:** Continue monitoring any agency communications, but do not delay the Board filing pending them.
4.  **Supplement if Necessary:** If the agency report (Rule 8) reveals new facts after our September 11 filing, file a supplemental protest before the Merits deadline of September 14 to cure any deficiencies.

**Conclusion:** We must reject the management proposal to wait on the Agency. To stop transition work on September 13 and preserve our right to a stayed remedy, we must file directly with the Board by September 11.