Protester Was Inherently Disadvantaged by the Awardee’s Incumbent Status. COFC Said That Was Fine.

The protester argued the agency improperly gave strengths to the awardee’s proposal merely because the awardee was the incumbent contractor. The Court of Federal Claims (COFC) didn’t see a problem, finding that incumbency was relevant to the solicitation.

Here are a few quotes taken from other cases referenced in the COFC opinion on the issue of incumbency.

• The natural advantage that an incumbent may have is permissible in the bidding process.
• An agency is not obligated to equalize all other offerors with an incumbent.
• While an agency may not unduly tip the scales in favor of an incumbent contractor, an agency is not required to ignore the benefits or advantages from an offeror’s incumbency, and it likewise need not attempt to level the playing field for all other offerors.

In short, an incumbent will have certain advantages that are fair in a competitive follow-on.

Read the case details here.