Motion for Judgment on the Administrative Record; RCFC 52.1; Jurisdiction; 41 USC § 253(a); Standing; Procurement; Sole Source Procurement; Brand Name Justification; Supplementation of the Administrative Record.
Plaintiff successfully contested an improper sole source procurement by the Department of Homeland Security (“DHS”) for financial systems application software. Defendant argued that its selection of financial systems application software was an agency decision to standardize its software, not a procurement. The Court found that it had jurisdiction based on the statutory grant of jurisdiction over "any alleged violation of statute or regulation in connection with a procurement or a proposed procurement” [28 U.S.C. § 1491(b)(1)] and that the DHS selection was a procurement based on the definition of "procurement" from the OFPP Act, 41 U.S.C. § 403(2).
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Administrative Law Updates
Federal, Federal Circuit, Claims Court |
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Jon W. van Horne, Law Office of Jon W. van Horne, Esq. | Attorney Advertising