Background
Janeen Smith, doing business as Brandt Development, submitted a bid for an Air Force Research Laboratory contract. The Air Force classified her proposal as not selectable and awarded the contract to Leidos Holdings. Smith did not request a debriefing and filed a contract dispute letter almost two years later, which the Air Force dismissed as untimely. She then sued in the Court of Federal Claims, alleging the rejection was improper and that Leidos committed fraud.
The court’s reasoning
The court reviewed the dismissal de novo. Under the Tucker Act, a plaintiff must be an interested party with a direct economic interest, meaning they must show a substantial chance of winning the contract. Because Smith’s proposal was classified as not selectable, she failed to demonstrate a substantial chance of winning. Additionally, she failed to file a protest within the required ten-day window after learning of the classification. The court also found it lacked jurisdiction over claims regarding Leidos’ performance, as those do not relate to the agency’s solicitation or award.
What it means going forward
Contractors must timely object to not selectable classifications and cannot rely on the Court of Federal Claims for disputes involving the successful bidder’s conduct or performance.
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