The record shows that SAIC's proposal was superior in both of these areas, and that even if the specifications of the solicitation were relaxed for all of the offerors -- as Vikonics' alleges it had been for SAIC -- Vikonics' would not be able to make up the difference in price or technical score.
The Court is also mindful that, according to the contracting officer, Vikonics' proposal had several technical flaws which resulted in an overall score of 912.35 in the area of technical compliance. Thus, were the rules of the solicitation to operate as Vikonics' suggests, the government would have had to throw out Vikonics' proposal along with SAIC's.
Second, Vikonics has failed to show that absent injunctive relief it will suffer irreparable injury. On the issue of irreparable injury, Vikonics has submitted the supplemental affidavit of John Strong, a Vice President of Vikonics. See Affidavit of John Strong, dated October 22, 1990 (hereinafter "Strong Aff."). Strong asserts that the value of Vikonics' stock has dropped, that it has had difficulty raising capital, and that its bond rating may be damaged because it was not awarded the contract. Strong Aff. at paras. 4-6. In the Court's view, Vikonics' is merely speculating on these points. Moreover, it's unlikely these harms will be alleviated by the injunctive relief requested in this motion, i.e. issuance of a stop work order pending a determination on the merits.
Third, for the reasons set forth in the Memorandum Order denying Vikonics' motion for a temporary restraining order, the Court again concludes that the government would not suffer substantial injury if injunctive relief were granted. See Memorandum Order filed October 4, 1990. With respect to SAIC, however, an injunction may result in the risk of financial harm caused by performance delays.
Fourth, while the public interest favors government compliance with applicable statutes and regulations, it's clear that Vikonics has not made a satisfactory showing that it is likely to succeed on the merits. Under these circumstances, the public interest weighs against disruption of contract performance.
After weighing all of the above factors, the Court finds that injunctive relief should be denied. Vikonics has not sufficiently established that it is likely to succeed on the merits or that it will suffer irreparable harm if injunctive relief is denied. Further, the Court finds that if injunctive relief were granted, SAIC would face the risk of economic harm. Finally, the public interest favors denial of the motion.
In view of the foregoing, it is hereby
ORDERED that plaintiff's motion for a preliminary injunction is denied.