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The protester alleged it was improperly disqualified based on the misuse of sensitive information. COFC disagreed. It found the government was justified in disqualifying the protester after the protester disseminated the awardee’s sensitive information. COFC ruled the protester failed to show how the agency abused its discretion with its disqualification.
Marathon Targets, Inc. v. The United States, COFC No. 25-121
- Background – The protester challenged a contract award for Trackless Mobile Infantry Targets (TMITs) support services. The protester was disqualified post-award due to alleged conflicts of interest arising from the inadvertent disclosure of sensitive information. The protester filed for relief, arguing this disqualification was improper.
- Disqualification Justifications – The government disqualified the protester based on the misuse of confidential information which created an appearance of impropriety. The protester argued that this decision was arbitrary. The court found that the government acted within its discretion and identified multiple reasons justifying the disqualification. This included the protester’s dissemination of protected information regarding the awardee’s proprietary products and services to outside individuals which supported the decision’s rationality. The Court also noted the protester’s decision to misrepresent evidence of its independent knowledge.
- Evaluation of Proposals – The protester contended that the evaluation process was flawed. It argued that its past performance was undervalued compared to the awardee’s. The court held that the government’s evaluations were reasonable and supported by adequate documentation. It highlighted the agency’s broad discretion in assessing proposals.
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