Dynalantic Corporation v. Department of Defense

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA )

DYNALANTIC CORPORATION, ) )

Plaintiff, ) ) Civil Action No. 95-2301 (EGS) v. ) )

UNITED STATES DEPARTMENT )

OF DEFENSE, et al., ) )

Defendants. ) )

ORDER

For the reasons set forth in the accompanying Memorandum Opinion filed this day, it is hereby

ORDERED that Defendants’ Motion for Summary Judgment regarding the facial constitutionality of the Section 8(a) program, 15 U.S.C. § 637(a) et. seq., and its accompanying regulations, is GRANTED; it is further

ORDERED that Plaintiff’s Motion for Summary Judgment regarding the facial constitutionality of the Section 8(a) program is DENIED; it is further

ORDERED that Defendants’ Motion for Summary Judgment regarding the constitutionality of the 8(a) program as applied to award contracts for military simulators is DENIED; it is further ORDERED that Plaintiff’s Motion for Summary Judgment regarding the constitutionality of the 8(a) program as applied to award contracts for military simulators is GRANTED; it is further ORDERED that the Small Business Administration and the Department of Defense are hereby enjoined from awarding procurements for military simulators under the Section 8(a) program without first articulating a strong basis in evidence for doing so; it is further

ORDERED that Plaintiff’s remaining requests for declaratory and injunctive relief are DENIED.

SO ORDERED.

Signed: Emmet G. Sullivan

United States District Judge

August 15, 2012