Tracking the latest developments at the GAO and Court of Federal Claims
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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 voluntary corrective action, during which the agency announced it would reevaluate proposals and make a new award decision. However, during implementation of that corrective action, Guidehouse informed the Army that one of its proposed key personnel was no longer available. That development led the Army to open limited discussions focused on key personnel substitution, which in turn became the focus of EY’s follow-on protest.

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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. At the heart of the protest was SRM’s claim that BryMak’s past performance references did not merit the same “substantial confidence” rating that SRM received. SRM challenged the relevance of BryMak’s references, the inclusion of a subcontractor’s limited experience and the agency’s treatment of SRM’s own incumbent performance. GAO rejected each of these arguments, finding the evaluation well-documented and consistent with the solicitation.

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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.

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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 address quality control for off-site fabrication, a requirement it claimed was not clearly stated in the solicitation. QA also contended that its proposal did meet this requirement and that other offerors were treated more favorably despite submitting similar responses. GAO rejected all of these claims, finding that the solicitation clearly required an off-site fabrication quality control discussion, that QA failed to provide one, and that other offerors met the requirement. The protest also raised additional arguments regarding inconsistent evaluator scoring and consensus ratings, but GAO found no merit in those claims.

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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 interest (OCI) because one of CME’s employees worked as a contract specialist on a separate FEC contract where she was in close proximity to the source selection authority for the protested procurement. The protester also challenged multiple aspects of the agency’s technical evaluation, including findings that its proposal lacked “timeline details” and a “structured response,” both of which Castro contended were not supported by the solicitation or adequately explained by the agency. Finally, Castro asserted that the agency’s best-value tradeoff was flawed because the FEC failed to consider Castro’s lower-priced quotation when selecting among technically acceptable offerors. GAO sustained the protest, finding that the agency failed to meaningfully investigate or document the alleged OCI, that the technical evaluation was unsupported, and that the tradeoff analysis improperly omitted consideration of Castro’s quotation.

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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), flaws in the agency’s post-award OCI investigation, unfair comparative technical evaluations, erroneous past performance ratings and a flawed best-value tradeoff. The protest also alleged that DNI’s proposal relied solely on subcontractor past performance and that Bowhead’s ratings were unreasonably low despite being the incumbent. The Court denied all claims, reinforcing several key principles of protest law.

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In Active Deployment Systems, LLC v. United States, U.S. Court of Federal Claims, No. 25-968C (Oct. 30, 2025), Active Deployment Systems (ADS) challenged several aspects of the Department of Homeland Security’s (DHS) award of 42 indefinite delivery /indefinite quantity (IDIQ) contracts for detention related services under a solicitation issued by Immigration and Customs Enforcement (ICE). ADS alleged that ICE violated the terms of the solicitation by awarding far more contracts than advertised, and that the solicitation’s pricing structure—which included fixed price caps—was irrational and arbitrary. ADS sought to halt the award of any task orders and urged the Court to find that it had been competitively harmed by the agency’s actions. But the Court disagreed, finding no violation of the solicitation and, most notably, no prejudice, even assuming ADS’ complaints about the competition had merit.

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In United Aero Group, LLC v. United States, U.S. Court of Federal Claims, No. 25-248 (September 29, 2025), United Aero Group, LLC challenged the Department of State’s decision to direct AAR Government Services, Inc. to perform helicopter maintenance work at a Florida facility under an existing task order. United Aero argued that the agency had violated both the Competition in Contracting Act (CICA) and the Rule of Two by assigning the work to AAR without opening it to competition or reserving it for small businesses. The Court, however, found that it lacked jurisdiction over the protest, and that the Rule of Two did not apply to the agency’s technical direction under the task order.

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In Peraton Inc., B-423639 (September 17, 2025), Peraton Inc. protested the General Services Administration’s award of a task order to General Dynamics Information Technology (GDIT) for IT lifecycle support services at U.S. Strategic Command. Peraton challenged several aspects of the agency’s evaluation and award decision. It argued that the agency had applied unstated evaluation criteria by placing excessive emphasis on audiovisual (A/V) engineering support requirements that were not clearly highlighted as evaluation factors. Peraton also claimed that the agency improperly double-counted weaknesses, penalizing the same alleged deficiency in both the technical and staffing evaluation areas.

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In Noblis MSD, LLC, B-423599 (September 11, 2025), Noblis MSD, the incumbent contractor, protested the Navy’s award of a technical support services contract to Solute, Inc. Noblis raised several arguments, including that Solute’s proposal was noncompliant because it lacked a signed Standard Form (SF) 33, that the agency unreasonably evaluated past performance and that the award decision ignored known negative performance information. GAO denied the protest in full, finding that the agency’s evaluation and award decision were reasonable and supported by the record, and offering helpful reminders about intent to be bound, evaluators’ discretion, the “too close at hand” doctrine, and the use of sworn declarations.

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