Squire Solutions, Inc. v. United States
21-1494 · cofc · 2021-10-14
Summary
In Squire Solutions, Inc. v. United States, the Court of Federal Claims denied the government's motion to dismiss a post-award bid protest arising from a Navy SBIR Phase I award made under a DoD Broad Agency Announcement, holding that it had bid-protest jurisdiction. The court rejected the argument that SBIR awards are never procurements, concluding that because this particular topic required a mock-up or prototype as a deliverable—property acquired for the Navy's direct benefit—the solicitation was a procurement under Wesleyan and the Tucker Act. On the merits, however, the court sustained the Navy's evaluation, finding no arbitrary action or bias, so it granted the government judgment on the administrative record; the case is significant for treating a prototype/mock-up SBIR deliverable as a procurement within the court's jurisdiction.