Jet Investment, Inc. v. Department of the Army

Plaintiff, Jet Investments, Inc. (“Jet”), appeals the district court’s denial of declaratory and injunctive relief and grant of summary judgment in favor of defendants. Jet contends that the Small Business Administration (“SBA”) improperly determined that it was not a “Small Disadvantaged Business” under the Small Business Act Minority Small Business and Capital Ownership Development Program (“the 8(a) program”). 1 Having self-certified as a Small Disadvantaged Business, 2 Jet submitted a bid for a contract with defendant Department of the Army Directorate of Contracting to provide lodging, meals, and transportation to armed forces personnel applicants of the Military Entrance Processing Station in Oakland, California. The bid solicitation was restricted to small businesses. Defendant Convention Marketing Service, Inc. protested the Department of the Army’s restriction of bidding to small businesses. Pending resolution of that protest, the Department of the Army invited three qualified bidders to tender bids for an interim contract. Jet won this bid and was awarded the interim contract.

The Department of the Army conducted a second, unrestricted bid solicitation. Jet submitted…