In National Energy Security Operations, LLC v. United States, U.S. Court of Federal Claims, No. 25-774 (Sept. 30, 2025, reissued Nov. 24, 2025), National Energy Security Operations, LLC challenged a $128 million Department of Energy (DOE) award to Strategic Storage Partners, LLC (SSP) for the management and operation of the…
Articles Posted in Department of Defense (DoD)
Protester Pulls Off Trifecta: GAO Sustains on Technical, Past Performance and OCI Grounds
Emissary LLC, the incumbent contractor, protested the Department of Defense’s Washington Headquarters Services’ award of a contract to Gemini Industries for technical support services to the Office of the Assistant Secretary of Defense for Special Operations/Low-Intensity Conflict. (See emissary LLC, B-422388.3, et al., July 29, 2025.) GAO sustained the protest,…
COFC Warns: Protesters Must Prove Capability, Not Just Claim It
In KL3, LLC v. United States, U.S. Court of Federal Claims, No. 24-2028 (June 2, 2025, reissued June 12, 2025), KL3 challenged the Department of Defense’s award of two sole-source contracts under the SBA’s 8(a) program, arguing that the agency improperly circumvented small business rules by breaking up and reclassifying…
COFC Claims Its Turf: Court Affirms Jurisdiction Over OTA Protests
Raytheon Company v. United States, U.S. Court of Federal Claims, No. 24-1824C (Feb. 24, 2025) addresses a long-standing legal gray area: Can the Court of Federal Claims (COFC) hear bid protests involving Other Transaction Agreements (OTAs)? In Raytheon v. United States, the Court ruled definitively: Yes, it can. This landmark…