Mayor Vincent C. Gray and Attorney General Irvin B. Nathan Applaud Court Victory on Taxi Modernization

(WASHINGTON, DC) – Judge Laura Cordero of the District of Columbia Superior Court today denied a motion for a temporary restraining order and preliminary injunction sought by Creative Mobile Technologies, LLC (CMT) in a $34 million contract dispute involving the District of Columbia’s new Taxicab Smart Meter System (TSMS).  CMT was an unsuccessful bidder in the solicitation for the TSMS, and filed a bid protest before the Contract Appeals Board.  The Contract Board of Appeals is scheduled to decide by this Friday, August 31, whether the District can go forward with the implementation of the contract while the bid protest is considered.  CMT sought injunctive relief in Superior Court after the District of Columbia’s Chief Procurement Officer issued “Determination & Findings” (D&F) that there are urgent and compelling reasons for the District to proceed with the contract award while the bid protest is pending.

In denying CMT’s demand for relief, the Superior Court found that CMT had failed to show any irreparable harm that would result from allowing the District to proceed with the contract award pending the Contract Appeals Board decision on the D&F.   Judge Cordero noted that the factor of irreparable harm was “the most important inquiry.”  She also found that CMT had not demonstrated a substantial likelihood of success on the merits of its pending challenge to the D&F.

“I’d like to thank the Office of the Attorney General for the successful defense of the suit in court filed by CMT,” said Mayor Vincent C. Gray. “The District’s Taxi Commission will continue to move our fleet into the 21st century with its new meter program.”

Attorney General Irvin B. Nathan said, “We are gratified that the Court has denied the demands for relief by Creative Mobile, and has agreed with the arguments by the Office of the Attorney General  that the company would suffer no injury, let alone irreparable injury, if the implementation goes forward pending a ruling on the D&F by the Contract Board of Appeals.  In our view, the public interest would be not served by any delay in the Taxi Commission’s moving forward with its technologically improved taxi meter installation.” He congratulated the OAG Civil Litigation Division trial team: Deputy Attorney General George Valentine, Section Chief Kimberly Johnson, and Assistant Attorneys General Carlos Sandoval and Robert Dillard.