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,

(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

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