The Court of Federal Claims found that the government violated the Competition in Contracting Act in awarding a sole source contract for sixteen 50-man bare base shelter systems for troops in Afghanistan.

Even when facing unusual and compelling urency, the government must request offers from as many potential sources as is practicable. Since the government had 26 days between its awareness of the requirement and award of the contract, the government could easily have obtained competitive prices from other sources – and its failure to do so was in violation of law.

The Court also found that the Government had intentionally delayed posting the Justification & Approval for the sole source award until after performance was completed for the purpose of avoiding a bid protest. The Court found this action to be arbitrary and capricious.

The Court found the protest not to be moot because of an exception to the mootness doctrine – the Government’s violation of statutory competition requirements for the war effort is capable of repetition, and could again evade review.

California Industrial Facilities Resources, Inc. v. United States, 100 Fed.Cl. 404 (July 8, 2011).