Close

The Bid Protest Debrief

Updated:

DOE’s Misstep Didn’t Matter: COFC Says Errors Not Enough to Overturn $128 Million Award

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…

Updated:

No Comeback for Marathon: Court Finds Disqualification Fully Justified

In Marathon Targets, Inc. v. United States, U.S. Court of Federal Claims, No. 25-121 (Nov. 10, 2025, reissued Nov. 21, 2025), the Court of Federal Claims denied Marathon Targets Inc.’s request for a permanent injunction that sought to overturn the Marine Corps’ disqualification of Marathon and block performance of the…

Updated:

COFC Slams Army’s Market Research, But Lack of Standing Sinks Sole Source Protest

In Hydraulics International, Inc. v. United States, U.S. Court of Federal Claims, No. 25-312 (Nov. 20, 2025), Hydraulics International, Inc. (HII) challenged the Army’s decision to award a sole-source contract for aviation ground power units (AGPU) and related services to Sun Test Systems, Inc. HII argued that the Army violated…

Updated:

Agency Can Take Offeror at Its Word: COFC Finds No Misrepresentation and Denies Discovery Request

In Advanced Management Strategies Group, Inc. v. United States, U.S. Court of Federal Claims, No. 25-695 (Nov. 20, 2025), Advanced Management Strategies Group, Inc. (AMSG) protested the Department of Energy’s award to Harkcon, Inc. for administrative support services related to nuclear material transport. AMSG alleged that Harkcon made a material…

Updated:

A Figment of the Protester’s Imagination: GAO Rejects EY’s Discussions Argument

In Ernst & Young, LLP, B-423491.2 (Sept. 26, 2025), Ernst & Young (EY) protested the scope of corrective action taken by the Department of the Army following EY’s earlier protest of the Army’s award to Guidehouse for support of the Army Financial Improvement program. EY’s initial protest resulted in a…

Updated:

GAO Backs Agency’s Broad View of Relevance in Past Performance Evaluation

In SRM Group, LLC, B-423695 (Sept. 25, 2025​), SRM Group, the incumbent contractor, protested the Army’s award of a contract for lodging and transportation services at Camp Robinson to BryMak & Associates. SRM argued that the agency’s past performance evaluation was flawed and that the resulting best-value tradeoff was unreasonable.…

Updated:

COFC Enforces TAA Limits: “Exorbitantly High” Prices Don’t Justify Award to Non-TAA-Compliant Supplier

In Cosette Pharmaceuticals, Inc. v. United States, U.S. Court of Federal Claims, No. 25-cv-279 (Nov. 17, 2025), Cosette Pharmaceuticals protested the Department of Veterans Affairs’ decision to award a contract for the drug prasugrel to Golden State Medical Supplies. Cosette argued that the VA violated the Trade Agreements Act (TAA)…

Updated:

Requirement Was Clear, Proposal Wasn’t: GAO Upholds Rejection Over QC Plan Omission

In QA Engineering, LLC, B-423716, B-423716.2 (Sept. 30, 2025​), QA Engineering protested the U.S. Army Corps of Engineers’ decision to award a contract for the construction of a pre-engineered metal building (PEMB) to Koman Advantage. QA argued that the agency improperly found its proposal technically unacceptable because it did not…

Updated:

Unmitigated Conflict and Unexplained Ratings Sink FEC Award in GAO Protest

In Castro & Company, LLC, B-423689, (Nov. 13, 2025), ​Castro & Company protested the Federal Election Commission’s (FEC) decision to award a blanket purchase agreement (BPA) to Contracts Management Enterprises (CME) for financial management and accounting support services. Castro argued that CME had an unmitigable impaired objectivity organizational conflict of…

Updated:

COFC Backs Major Army Award Despite “Curious” Past Performance Analysis

In Bowhead Enterprise, Science and Technology, LLC v. United States, U.S. Court of Federal Claims, No. 24-2110C (Nov. 5, 2025), Bowhead challenged the Army’s award of a systems engineering and program management contract to DNI Emerging Technologies, raising a host of claims including: an unmitigated organizational conflict of interest (OCI),…