advanced

Contributor: Jon W. van Horne Law Office of Jon W. van Horne, Esq.

SUMMARY: 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).

DOCUMENT INFO

RELATED DOCUMENTS BY JON W. VAN HORNE

• Decision:
  Court Order Dismissing Government Motion to Dismiss

Jon W. van Horne Law Office of Jon W. van Horne, Esq. Specializing in federal administrative law and primarily government contracting, Jon... [Profile | Documents]

Legal alerts directly on LinkedIn:

• get legal updates on your LinkedIn homepage
• customize with subjects that matter to you
• connect to lawyers whose work you value