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Watching Workhorse Shares Following Circulation Of Redacted Court Doc Uploaded Today, Gives US Gov't., Oshkosh Reply Showing Evidence To Support Motion To Dismiss In Case Against Workhorse


Benzinga | Aug 6, 2021 03:06PM EDT

Watching Workhorse Shares Following Circulation Of Redacted Court Doc Uploaded Today, Gives US Gov't., Oshkosh Reply Showing Evidence To Support Motion To Dismiss In Case Against Workhorse

https://www.courtlistener.com/docket/59991147/44/workhorse-group-inc-v-united-states/

"To start, Workhorse does not dispute -- and therefore concedes -- much of the foundation on which our motion to dismiss is built. Workhorse does not contest that the Postal Service's purchasing regulations, including the exhaustion requirement in 39 C.F.R. ? 601.108(h), apply to the NGDV procurement. Nor does Workhorse disagree that this exhaustion requirement plainly 1 For consistency, we continue to use terms previously defined in our moving papers. Case 1:21-cv-01484-ZNS Document 44 Filed 08/06/21 Page 7 of 26 2 and unambiguously requires exhaustion of the Postal Service's administrative remedies, including resolution by the SDR Official at step two of the administrative process, before judicial review becomes available. And Workhorse does not dispute the fact that it never lodged a disagreement with the SDR Official. All parties thus agree that the Postal Service's purchasing regulations plainly required Workhorse to lodge a disagreement with the SDR Official, yet Workhorse failed to do so before filing this protest. As we establish in our moving papers, it is therefore undisputed that Workhorse failed to exhaust applicable administrative remedies







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