Seventh Dimension LLC v. U. S.

[Moderator]

I thouught the lead-in to this COFC opinion was amusing.  

Seventh Dimension LLC v. U. S., No. 21-2275C, May 11, 2022.

"This case requires the Court to answer the question of whether, and under what circumstances, the government may cancel a Federal Acquisition Regulation (“FAR”) part 15 procurement and start over from scratch. The facts are reminiscent of “a game of Lucy and the football from the world of Charles Schulz. Plaintiff, Seventh Dimension, LLC — after successfully achieving its desired outcome in two successive protests — was the last offeror standing in this contractor edition of Survivor. Although Seventh Dimension’s proposal was highly rated, and offered a competitive price, Defendant, the United States — acting by and through the U.S. Department of the Army, Special Operations Command (the “Army” or “USASOC”) — decided to pull the plug on the show, cancelling the procurement following a two-year process. Pursuant to 28 U.S.C. § 1491(b), Seventh Dimension challenges the Army’s decision to cancel the solicitation for Army Special Operations Forces (“ARSOF”) training support as arbitrary, capricious, an abuse of discretion, or otherwise contrary to law. The parties filed cross-motions for judgment on the administrative record pursuant to Rule 52.1 of the Rules of the United States Court of Federal Claims (“RCFC”)."

[here_2_help]

I read a good part of that particular decision, and found it to be depressing.

[Vern Edwards]

9 hours ago, here_2_help said:

I read a good part of that particular decision, and found it to be depressing.

Me, too, because it tells the story of an office that started a procurement in April 2019, enticed nine SDVOSBs to spend money in pursuit of its business, and then  made one mistake after another. And now, three years later, it's like Joe Btfsplk, with the thing still hanging over its head like a dark cloud and a wreck left behind it.

How, oh how, do these things happen?