Agency Administrative Decision Not Subject to Protest before COFC; COFC No. 16-1549C, Ecosystem Investment Partners V. United States

Protest challenging the agency’s administrative decision to issue a solicitation for environmental restoration services instead of using environmental mitigation banking credits is denied, where the protester was not a bidder or prospective bidder on the contract; where the protester waived its right to challenge the terms of the solicitation by waiting until after bids were opened to file its challenge; and where the Court of Federal Claims lacked jurisdiction to hear the case, because the protester’s challenge is directed towards the agency’s administrative decision, not toward any action in connection with a procurement.