Rumsfeld

Contract Management, Inc. v. Rumsfeld

Good Law
434 F.3d 1145·2006 WL 51161
United States Court of Appeals for the Ninth CircuitJanuary 10, 200604-15049California2,200 words

Opinion

Opinion

Appellant Contract Management Industries (“CMI”) brings this suit challenging the implementation of the Small Business Administration’s (“SBA”) “HUBZone Program.” The district court granted summary judgment to the Government. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

CMI has provided custodial services at the Pearl Harbor Naval Base and Shipyard (“Pearl Harbor”) since 1985. At the time CMI brought this suit, it held four contracts at Pearl Harbor, all of which were awarded as small-business set-asides under the Small Business Act. See 15 U.S.C. § 644 . Those contracts were set to expire on September 30, 2003.

In December 2002, the Navy combined the four contracts then being performed by CMI with other custodial contracts, consolidating them into three new contract solicitations. One such contract, Solicitation No. N62742-03-R-2216, which in-eludes custodial work from two of CMI’s former contracts, was re-designated under the Small Business Act’s HUBZone Program. It excluded CMI because, although it qualifies as a small business under the Small Business Act, it is not a HUBZone small business. CMI therefore faced the prospect of losing a portion of its…

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