Articles Posted in Price Realism

Posted November 19, 2025

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) because Cosette was the only offeror to submit a TAA-compliant proposal. Cosette manufactured its version of the drug in Germany, a compliant country under the TAA. By contrast, the awardee’s version of the drug was manufactured in India, a non-compliant country under the TAA.

Posted March 14, 2025

Flawed Price Realism and Professional Employee Compensation Plan Analysis Sink Air Force Contract Award

by Matt Carter

Matt Carter

In MicroTechnologies LLC, B-423197.2, et al. (March 4, 2025), MicroTechnologies LLC protested the U.S. Air Force’s award of a task order to Trace Systems Inc. for Combined Air and Space Center Operations Center (CAOC) communications support. The protest challenged multiple aspects of the Air Force’s evaluation, asserting that agency failed to properly assess: (1) the offerors’ professional employee compensation plans in accordance with FAR 52.222-46; (2) the realism of the offerors’ non-professional direct labor rates; (3) the price risk analysis required under DFARS 252.204-7024; and (4) a potential organizational conflict of interest (OCI) involving a former government official.