FedBizOpps: Call it required reading
The U.S. Federal Court of Appeals has upheld a lower court ruling that dismissed a contractor's objection to a sole-source award because the company essentially wasn’t paying attention as closely as it should.
The appeals court supported the reasoning behind the Court of Federal Claims' decision to dismiss the case of a contractor called Digitalis Educations Solutions. In its Jan. 4 ruling, the claims court said the company could not demonstrate prejudice by the Defense Department -- a prerequisite for standing -- because it was not following the Federal Business Opportunities (FedBizOpps) website regularly.
The company did not have a substantial chance of winning the contract, "because Digitalis failed to review FedBizOpps and submit a statement of capability during the prescribed period," the appeals court wrote in its decision.
“Only an ‘interested party’ has standing to challenge a contract award,” according to the appeals court. “Because Digitalis is not an actual or prospective bidder, and because it lacks the requisite direct economic interest, we affirm the Court of Federal Claims’s dismissal for lack of standing."
DOD was buying digital planetariums for its educational activities in schools.
With the fiscal year winding down, DOD opted to award a sole-source contract and on Sept. 17, 2010, posted an intent to award the sole-source contract on FedBizOpps. DOD made the award Sept. 25.
On Oct. 11, after learning of the contract, Digitalis contacted Rep. Norm Dicks (D-Wash.) to object to the way it was awarded. The congressman forwarded the complaint to DOD, but DOD would not consider the objection.
Posted by Matthew Weigelt on Jan 09, 2012 at 10:38 AM