Digitalis Educ. Solutions, Inc. v. United States, No. 11-5079 (Fed. Cir. 2012)
Annotate this CaseIn 2010 the Department of Defense began the process of procuring digital planetariums for use in teaching astronomy. Before posting its intention to sole-source the contract, the Department communicated with its existing vendor to inquire about terms. The Department posted notice of intent to award a sole-source contract to that vendor, stating that if any party challenged the award, it should file a statement, detailing its capability to fulfill the order. The Department approved a Justification and Authorization as required for a sole-source procurement, indicating that curriculum standards and lessons for the vendor's components are already in place. In response to a statement by another bidder, the Department had its existing vendor provide additional specifications to add to the notice. After the contract was awarded to the existing vendor, plaintiff complained to a congressman, then filed suit. The Court of Federal Claims held that plaintiff could not demonstrate prejudice, a prerequisite for standing, because it did not have a substantial chance of winning the contract, having failed to submit a statement of capability. The Federal Circuit affirmed, holding that plaintiff was not an interested party.
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