Bid Protests

The U.S. Court of Federal Claims ruled that Blue Water Autonomy and Saildrone may proceed with challenges to the Navy’s medium unmanned surface vessel prototype competition. The jurisdictional decision turns on the competition’s connection to a potential production procurement; it does not resolve the protests’ merits or require a change in outcome.

The U.S. Court of Federal Claims dismissed a protest challenging the Defense Health Agency’s $1.6 billion health services award associated with Optum, leaving the award in place. The limited report says the judge faulted the protestors for spending too much time making various arguments, but does not identify the protestors or provide the opinion’s full reasoning.

GAO sustained protests by Fluor Federal Solutions and Reliance Test & Technology, finding that sharing all offerors’ pricing after an inadvertent disclosure did not establish that competition was restored. The Air Force must reassess the disclosure’s effects and take effective corrective action, potentially including reevaluation or a new solicitation.

GAO sustained protests over the Air Force’s Elgin Operations and Maintenance Services II procurement after pricing information was disclosed during the competition. The agency must reassess whether the leak affected Strategic Test Solutions’ joint venture, which cut its price by $72 million, and either make a new award decision or cancel and resolicit.

The ABA Section of Public Contract Law Bid Protest Committee will host its annual panel on October 27, 2026, at Blank Rome LLP's Washington, D.C. office, with virtual attendance available. Panelists will review recent bid protest decisions and developments, offering contractors' legal, capture, and proposal teams a timely briefing on changes in federal protest practice.

The GAO has upheld a bid protest by Owl International Inc., emphasizing contractors' rights to revise proposals following solicitation amendments. This decision is crucial for contractors engaging with the Navy, as it reinforces the need for clear guidance in procurement amendments related to evaluation criteria.