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).
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