The Bid Protest Debrief
In Marathon Targets, Inc. v. United States, U.S. Court of Federal Claims, No. 25-121 (March 13, 2025, reissued March 24, 2025), Marathon Targets sought to block a U.S. Marine Corps contract awarded to MVP Robotics for Trackless Mobile Infantry Targets after the Marine Corps disqualified Marathon from the competition. The disqualification stemmed from the Marine Corps’ inadvertent disclosure of MVP’s technical evaluation, which included proprietary and source selection information. Instead of immediately segregating or disclaiming use of the information, Marathon retained, reviewed and referenced it in its draft protest, shared it internally (including with non-attorneys), and made statements suggesting it could not “unring the bell.” The Marine Corps ultimately found that this created an unmitigable organizational conflict of interest and an appearance of impropriety, leading to disqualification. Marathon challenged that decision and sought a preliminary injunction to halt MVP’s performance and reinstate itself in the competition.