In Enviremedial Services, Inc., B-423552 (August 28, 2025), Enviremedial Services, Inc. (ESI) protested the Army Corps of Engineers’ award of a facilities maintenance contract to BryMak & Associates, Inc., alleging flaws in the agency’s price evaluation, past performance analysis and best-value tradeoff. While GAO dismissed ESI’s unbalanced pricing claim, it…
The Bid Protest Debrief
Executive Orders Don’t Trump the FAR: COFC Rejects Administration’s Sole-Source Justification
In GovCIO, LLC v. United States, U.S. Court of Federal Claims, Nos. 25-809 & 25-913 (August 18, 2025), in one of the first cases to test the impact of a Trump administration executive order (EO) on federal procurement, GovCIO and 22nd Century Technologies challenged the IRS’s sole-source bridge contract to…
No Edge for Incumbents: GAO Backs Agency’s Past Performance Evaluation
In Advanced Computer Learning Company, LLC, B-423267.2 (September 2, 2025), Advanced Computer Learning Company (ACLC), the incumbent contractor, protested the Navy’s award of a support services and data link training contract to Linchpin Solutions, Inc., challenging the agency’s evaluation of past performance and the resulting best-value tradeoff. ACLC argued that…
Too Little, Too Late: Court of Federal Claims Enforces Hard Line on Late Proposal Submissions
In Competitive Innovations, LLC v. United States, U.S. Court of Federal Claims, No. 24-1773 (August 28, 2025), Competitive Innovations (CI) challenged the Transportation Security Administration’s decision to reject its revised proposal in a procurement for program management support services. TSA had disqualified CI for submitting a modification to its labor…
Risk Too High? GAO Says You Don’t Have to Bid
In Protection Strategies Etc. International, LLC, B-423539 (Aug. 25, 2025), Protection Strategies, a service-disabled veteran-owned small business (SDVOSB), filed a pre-award protest challenging the terms of a solicitation issued by the Defense Counterintelligence and Security Agency (DCSA) for background investigation support services. The protester objected to the agency’s decision to…
No Bid, No Protest: Federal Circuit Court Clarifies “Interested Party” in Major Standing Decision
In Percipient.ai, Inc. v. United States, U.S. Court of Appeals for the Federal Circuit, No. 2023-1970 (Decided Aug. 28, 2025), Percipient.ai challenged a task order award by the National Geospatial-Intelligence Agency (NGA), alleging that the government violated 10 U.S.C. § 3453—a statutory preference for commercial items—by failing to fairly consider…
“Consistently Inconsistent”: Court of Federal Claims Finds Navy’s Past Performance Rating System Arbitrary
In Advanced Technology Systems Company v. United States, U.S. Court of Federal Claims, No. 25-515C (July 16, 2025), Advanced Technology Systems Company (ATSC) protested the Navy’s award of a contract for a nationwide maritime surveillance system in Egypt to Forward Slope, Inc. (FSI). ATSC argued that the Navy’s best value…
Protester Gets Paid: GAO Finds Army Waited Too Long to Fix Flawed Award
After the GAO indicated it would likely sustain Perimeter Security Partners’ protest challenging a task order award for access control point maintenance, the Army took corrective action—but only after filing its agency report and participating in alternative dispute resolution (ADR) with the cognizant GAO attorney. Perimeter then requested reimbursement of…
Too Late to Speak Up: GAO Dismisses Sole-Source Protest for Inaction
In Economic Systems, Inc., B-423747, et al. (Aug. 22, 2025), Economic Systems, Inc. (EconSys) protested the Department of the Interior’s decision to issue a sole-source purchase order to Government Retirements and Benefits, Inc. for a retirement benefits software platform. EconSys argued that it offered a platform with identical functionality and…
Being the Incumbent Does Not Guarantee the Win: COFC Upholds DHS Cybersecurity Award
In SOFITC3, LLC v. United States, U.S. Court of Federal Claims, No. 24-2064C (August 21, 2025), incumbent contractor SOFITC3 challenged the Department of Homeland Security’s (DHS) award of a cybersecurity contract to Delviom, arguing that the agency’s evaluation was flawed on several fronts. SOFITC3 claimed that Delviom had improperly combined…