U.S. Marine Corps

Posted December 1, 2025

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 awarded contract to MVP Robotics, Inc. Marathon, the incumbent, had been disqualified after the Marine Corps inadvertently disclosed protected source selection information to it, and Marathon failed to properly handle that information. Although the Court previously denied Marathon’s request for a preliminary injunction, this opinion resolves the case on the merits—and again sides with the agency. The Court found that the Marine Corps’ decision to disqualify Marathon was neither arbitrary nor capricious, and that Marathon lacked standing to challenge the award. The opinion also rejects each of Marathon’s evaluation-based claims against MVP’s proposal.

Posted June 4, 2025

No Harm, No Foul: GAO Reaffirms That Prejudice Is Everything

by Matt Carter

Matt Carter

In Kako’o Spectrum Healthcare Solutions, LLC, B-421127.5, et al., May 28, 2025, Kako’o Spectrum Healthcare Solutions (KSHS) protested the U.S. Marine Corps’ award to Cognito Systems, arguing that Cognito’s proposal exceeded the page limit and that the agency unreasonably failed to assign additional strengths to KSHS’s own proposal. KSHS claimed that if the agency had enforced the page limit and evaluated both proposals fairly, it would have won.

Posted May 6, 2025

Marathon Targets Misses the Mark: COFC Upholds Disqualification Over Mishandling of Leaked Evaluation Data

by Matt Carter

Matt Carter

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.