Mission Critical Solutions Contract Protest Sustained by U.S. Court of Federal Claims – Legal Battle to Continue

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) March 25, 2010 -- The essence of the Mission Critical Solutions case involved what was primarily a legal issue: whether the statutory language of U.S. Code provides for the prioritization of the Historically Underutilized Business Zone (HUBZone) Program over the 8(a) Business Development Program as argued by Mission Critical Solutions, or provides for parity between programs as was argued by the OLC. Mission Critical Solutions is headquartered in the Drew Park section of Tampa in an area that was formerly an Army base (Drew Field) and is categorized as a HUBZone.

In writing the Court's opinion sustaining the Mission Critical Solutions protest, Chief Judge Emily C. Hewitt wrote: "the court has examined the statutory language of the Small Business Act and concluded the mandatory language of the HUBZone statute requires that a contracting officer first determine whether the specified criteria are met before awarding a contract under another small business program or on a sole-source basis." Judge Hewitt went on to write that "the Army's award of the contract to Copper River on a sole-source basis without first determining whether there was a reasonable expectation that not less than [two] qualified HUBZone statute."

The Court ordered the administration to determine whether the criteria specified in the U.S. Code 657a(b)(2)(B) are met, such that the contract opportunity at issue in this case must be awarded on the basis of competition among qualified HUBZone small business concerns and enjoined the administration from awarding the contract in a manner that is not in compliance with the Small Business Act. Unsatisfied with Judge Hewitt's opinion, the administration appealed the Court of Federal Claims decision to the U.S. Court of Appeals on 17 March.

For additional information, see U.S. Court of Federal Claims case No. 09-864C. For additional information about Drew Field, see "http://en.wikipedia.org/wiki/Drew_Park_(Tampa),_Florida" For additional information about Mission Critical Solutions, see "http://www.mcsoftampa.com"

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