Diaz v. United States

Diaz submitted an unsolicited proposal to the U.S. Department of the Navy’s Indian Head Explosive Ordnance Disposal Technology Division (IHEODTD) pursuant to Federal Acquisition Regulation (FAR) Subpart 15.6. An IHEODTD contracting officer conducted an initial review of Diaz’s proposal and determined that it did not satisfy two requirements of FAR 15.606-1: that it be innovative and unique and include sufficient detail to permit a determination that government support could be worthwhile and the proposed work could benefit the agency’s research and development or other mission responsibilities. The Court of Federal Claims dismissed Diaz’s complaint for lack of subject matter because he lacked standing under 28 U.S.C. 1491(b)(1). The Federal Circuit affirmed. Diaz did not possess the requisite direct economic interest to satisfy his “burden of establishing the elements of standing.” Diaz cannot demonstrate that he “had a substantial chance of winning the contract” because, at the very least, his proposal did not conform to the requirements of FAR Subpart 15.6, which governs unsolicited proposals. View "Diaz v. United States" on Justia Law